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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0100; Product Identifier 2020-NM-016-AD; Amendment
39-19845; AD 2020-03-21]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc, Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes.
This AD was prompted by reports that main landing gear (MLG) trailing
arm assemblies were found with compromised paint finish and corrosion
on the axle bore inner diameters due to improper removal of
contaminants during manufacturing. This AD requires a one-time
inspection to determine if an affected MLG trailing arm assembly is
installed, repetitive detailed inspections of the inner diameter of the
affected MLG trailing arm assembly axle bore for surface finish
discrepancies, corrective actions if necessary, and eventual
replacement of primer and paint and application of corrosion preventive
compound on the inner diameter of all affected MLG trailing arm
assembly axle bores, which terminates the repetitive inspections. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD becomes effective March 12, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 12,
2020.
The FAA must receive comments on this AD by April 13, 2020.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
the
instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this final rule, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email
thd.crj@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-2020-0100.
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-2020-
0100; or in person at the Docket Operations office between 9 a.m. and
5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
is listed above. Comments will be available in the AD docket shortly
after receipt.
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-2019-33R1, dated
January 23, 2020 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-
1A11 airplanes. You may examine the MCAI on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2020-
0100.
This AD was prompted by reports that MLG trailing arm assemblies
were found with compromised paint finish and corrosion on the axle bore
inner diameters due to improper removal of contaminants during
manufacturing. The FAA is issuing this AD to address possible corrosion
on the inner diameter of the MLG trailing arm assembly bore, which, if
not detected and corrected, could lead to MLG collapse. See the MCAI
for additional background information.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following service information.
Bombardier Service Bulletin 700-1A11-32-026, Revision 01,
dated November 27, 2019.
Bombardier Service Bulletin 700-32-039, Revision 01, dated
November 27, 2019.
Bombardier Service Bulletin 700-32-5016, Revision 01,
dated November 27, 2019.
Bombardier Service Bulletin 700-32-6016, Revision 01,
dated November 27, 2019.
This service information describes procedures for a one-time
inspection to determine if an affected MLG trailing arm assembly is
installed, repetitive detailed inspections of the inner diameter of the
affected MLG trailing arm assembly axle bore for surface finish
discrepancies, corrective actions if necessary, and eventual
replacement of primer and paint and application of corrosion preventive
compound on the inner diameter of all affected MLG trailing arm
assembly axle bores, which terminates the repetitive inspections.
Surface finish discrepancies include corrosion, paint that is bubbling,
loose, flaking, cracked, damaged or missing, or primer or metallic-
ceramic coating that is visible. Corrective actions include repair or
replacement of the MLG trailing arm assembly. These documents are
distinct since they apply to different airplane models and
configurations. 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.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this AD
because the agency evaluated all pertinent information and determined
the unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in the service
information described previously, except as discussed under
``Differences Between this AD and the MCAI or Service Information.''
This AD also requires sending the inspection results to Bombardier.
Differences Between This AD and the MCAI or Service Information
The MCAI specifies to accomplish the one-time inspection to
determine if an affected MLG trailing arm assembly is installed within
3 months from November 27, 2019 (the release date of Revision 01 of the
applicable service information specified in the Related Service
Information under 1 CFR part 51 paragraph of this AD). The FAA has
determined that a compliance time of within 30 days after the effective
date of this AD is acceptable to address the unsafe condition.
Explanation of Compliance Time
Most ADs adopt a compliance time relative to the AD's effective
date. In this case, however, the FAA is using a fixed compliance date
in this AD. The MCAI requires operators to accomplish a detailed
inspection of the surface finish of affected MLG trailing arm
assemblies at a specified time (which varies according to serial
number, with the earliest date being 5/12/2020). That compliance time
is necessary to address the unsafe condition and is based on risk
analysis requirements, including reports of compromised paint finish
and corrosion on the axle bore inner diameters. To support this risk
analysis and to provide for coordinated implementation of TCCA's
regulations in paragraph (i) of this AD, the FAA is using the same
compliance dates in this AD.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because the affected trailing arm assemblies have the potential for
improper adhesion between the anti-corrosion layers, which could lead
to corrosion on the inner diameter of the MLG trailing arm assembly
axle bore and possibly lead to MLG collapse. Therefore, the FAA finds
good cause that notice and opportunity for prior public comment are
impracticable. In addition, for the reasons stated above, the FAA finds
that good cause exists for making this amendment effective in less than
30 days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not precede it by notice and opportunity for
public comment. The FAA invites you to send any written relevant data,
views, or arguments about this AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0100;
Product Identifier 2020-NM-016-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. The FAA will
consider all comments received by the closing date and may amend this
AD based on those comments.
The FAA will post all comments received, without change, to https://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this AD.
Costs of Compliance
The FAA estimates that this AD affects 49 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| Up to 33 work-hours x $85 per
hour = Up to $2,805 |
Up to $200,000 |
Up to $202,805 |
Up to $9,937,445 |
The FAA estimates the following costs
to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions *
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Up to 20 work-hours x $85 per
hour = Up to $1,700 |
Up to $200,000 |
Up to $201,700 |
* Table does not include estimated
costs for reporting.
We estimate that it takes about 1 work-hour per product to comply
with the on-condition reporting requirement in this AD. The average
labor rate is $85 per hour. Based on these figures, we estimate the
cost of reporting the inspection results on U.S. operators to be $85
per product.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control number
for the collection of information required by this AD is 2120-0056. The
paperwork cost associated with this AD has been detailed in the Costs
of
Compliance section of this document and includes time for reviewing instructions,
as well as completing and reviewing the collection of information.
Therefore, all reporting associated with this AD is mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing the
burden should be directed to Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.
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 has 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, and
(2) Will not affect intrastate aviation in Alaska.
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 adding the following new airworthiness
directive (AD):
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