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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0526; Product Identifier 2019-NM-023-AD; Amendment
39-19841; AD 2020-03-17]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA superseding Airworthiness Directive (AD) 2015-24-04,
which applied to certain Bombardier, Inc., Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes, Model CL-600-2C10 (Regional Jet Series
700, 701, & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705)
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. AD 2015-24-04
required repetitive inspections of the cage assembly for damaged or
detached window louver panel assemblies (WLPAs) and blowout panels
(BOPs), and corrective actions if necessary. This AD requires one-time
inspections of the WLPAs and BOPs, corrective actions if necessary, and
a revision of the existing maintenance or inspection program, as
applicable, to incorporate new airworthiness limitations, which would
terminate the inspection requirement. This AD was prompted by a
determination that new airworthiness limitations, as well as additional
actions, are necessary to address the unsafe condition. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective April 2, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 2,
2020.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 Cote-Vertu Road West, Dorval,
Quebec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax 514-855-7401; email ac.yul@aero.bombardier.com;
internet http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0526.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2019-
0526; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7323; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2015-28R2, dated
February 4, 2019 (referred to as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes, Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model
CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. You may examine the MCAI in the
AD docket on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0526.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2015-24-04, Amendment 39-18336 (80 FR
74673, November 30, 2015) (``AD 2015-24-04''). AD 2015-24-04 applied to
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes, Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model
CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. The NPRM published in the Federal
Register on September 20, 2019 (84 FR 49484). The NPRM was prompted by
a determination that new airworthiness limitations, as well as
additional actions, are necessary to address the unsafe condition. The
NPRM proposed to require one-time inspections of the WLPAs and BOPs,
corrective actions if necessary, and a revision of the existing
maintenance or inspection program, as applicable, to incorporate new
airworthiness limitations, which would terminate the inspection
requirement. The FAA is issuing this AD to address damaged or detached
WLPAs and BOPs, which could delay smoke detection in the cargo
compartment in the event of a fire and result in an uncontrolled fire
in the cargo compartment. See the MCAI for additional background
information.
Action Since the NPRM Was Issued
Since the NPRM was issued, the FAA has determined that the
applicability identified in paragraph (c) of this AD needs to be
revised to better identify the affected airplanes. Therefore, the FAA
has revised paragraph (c) of this AD to add that affected airplanes
have a Class C cargo compartment configuration, which matches the
applicability in the MCAI. This revision does not change the number of
affected airplanes of U.S. registry.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to the comments.
Support for the NPRM
The Air Line Pilots Association, International indicated its
support for the NPRM.
Request for Clarification of Global Alternative Method of Compliance
(AMOC)
Air Wisconsin Airlines requested clarification that the content and
intent of Global AMOC 2015-24-04, Log #19-02, dated February 13, 2019,
is acceptable for the repetitive inspections specified in the proposed
AD. Air Wisconsin stated that the section of the global AMOC which
states, in part, ``Operators shall perform the initial inspection and
phase-in schedule per SB 601R-25-201 and SB 670BA-25-100, as mandated
by AD and continue with the instructions as per published airplane
maintenance manual (AMM) tasks . . .'' which are ``. . . AMM Task 25-
50-00-220-801 and AMM Task 25-50-00-220-803, in lieu of the
accomplishment instructions specified in SB 601R-25-201 and SB 670BA-
25-100.'' Air Wisconsin concluded that paragraph (j) of the proposed AD
does not indicate any previously approved AMOCs are acceptable, or
specify the method of compliance for repetitive inspections, although
implied through the required implementation of Certification
Maintenance Requirements (CMR) Task C26-25-115-01 and Maintenance
Review Manual (MRM) Task 255000-208.
The FAA acknowledges the commenter's concern and provides the
following clarification. Global AMOC 2015-24-04, Log #19-02, dated
February 13, 2019, was issued specifically for the actions required by
AD 2015-24-04, which is superseded by this final rule. This AD already
incorporates CMR Task C26-25-115-01, as specified in Bombardier CL-600-
2B19 Temporary Revision (TR) 2A-69, dated August 30, 2018 (required by
paragraph (g)(2) of this AD), and MRM Task 255000-208, as specified in
CRJ Series Regional Jet (Bombardier) TR MRB-0079, dated May 29, 2017
(required by paragraph (h)(2) of this AD). Accomplishing the actions
required by paragraphs (g)(2) and (h)(2) of this AD terminates the
repetitive inspections specified in paragraphs (g)(1) and (h)(1) of
this AD, which require the inspections be done in accordance with
Bombardier Service Bulletins 601R-25-201 and 670BA-25-100, both
Revision C, both dated May 11, 2017. Therefore, this AD has not been
changed in this regard.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following service information:
Bombardier Service Bulletin 601R-25-201, Revision C, dated
May 11, 2017.
Bombardier Service Bulletin 670BA-25-100, Revision C,
dated May 11, 2017.
This service information describes procedures for repetitive detailed
inspections for damage of the cage assembly, WLPAs, and BOPs, and
repair or replacement of damaged parts. These documents are unique
since they apply to different airplane models.
Bombardier has also issued the following service information:
Bombardier CL-600-2B19 Temporary Revision (TR) 2A-69,
dated August 30, 2018.
CRJ Series Regional Jet (Bombardier) TR MRB-0079, dated
May 29, 2017.
This service information describes an airworthiness limitation task
for a detailed inspection of the aft cargo compartment WLPAs and BOPs.
These TRs are unique since they apply to different airplane models.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 1,008 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
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Action
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Labor cost
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Parts cost
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Cost per
product
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Cost on
U.S. operators
|
| Retained Inspections from AD
2015-24-04 |
2 work-hours x $85 per hour =
$170 |
$0
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$170
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$171,360
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* Table does not include estimated
costs for revising the maintenance or
inspection program.
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
In the past, the FAA has estimated that this action takes 1 work-hour
per airplane. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the FAA estimates the total cost per operator to
be $7,650 (90 work-hours x $85 per work-hour).
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2015-24-04, Amendment 39-18336 (80 FR 74673, November 30, 2015), and
adding the following new AD:
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