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2020-12-13 BOMBARDIER, INC.: Amendment 39-19922; Docket No. FAA-2019-0987; Product Identifier 2019-NM-144-AD.
(a) EFFECTIVE DATE

    This AD is effective September 10, 2020.

(b) AFFECTED ADS

    This AD affects AD 2016-17-15, Amendment 39-18628 (81 FR 59839, August
    31, 2016) ("AD 2016-17-15").

(c) APPLICABILITY

    This AD applies to Bombardier, Inc.,  Model CL-600-2B19  (Regional Jet
    Series 100 & 440) airplanes, certificated in any category, serial num-
    ber 7003 and subsequent.

(d) SUBJECT

    Air Transport Association (ATA) of America Code 57, Wings.

(e) REASON

    This AD  was prompted  by reports  that during  airplane wing  fatigue
    testing, fatigue cracks were  found on the lower  right-hand-side wing
    plank at the end of the integrally machined stringers, which led to  a
    determination that new  or more restrictive  airworthiness limitations
    are necessary. The FAA is issuing this AD to address undetected cracks
    on the lower  wing plank at  the stringer run-out,  which could affect
    the structural integrity of the wing.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) MAINTENANCE OR INSPECTION PROGRAM REVISION FOR TASK 57-21-112

    For airplanes on which Bombardier Service Bulletin 601R-57-044 has not
    been done:  Within 30 days after the effective date of this AD, revise
    the existing maintenance or inspection program,  as applicable, to in-
    corporate the information in airworthiness limitations (AWL)  task 57-
    21-112, as specified in Part 6 - Eddy Current,  of Bombardier Canadair
    Regional Jet CRJ200 Nondestructive Testing Manual, CSP A-010, Revision
    40, dated November 10, 2018. The initial compliance time for doing the
    task is at the next scheduled inspection as specified  in AWL task 57-
    21-112,  or within 30 days after the effective date of this AD, which-
    ever occurs later.

(h) MAINTENANCE OR INSPECTION PROGRAM REVISION FOR TASK 57-21-169

    For airplanes  on which  Bombardier Service  Bulletin 601R-57-044  has
    been done: Within 30 days after the effective date of this AD,  revise
    the  existing maintenance  or inspection  program,  as  applicable, to
    incorporate the  information in  AWL task  57-21-169, as  specified in
    Bombardier CL-600-2B19 Temporary  Revision 2B-2273, dated  October 31,
    2019, to  Appendix B  - Airworthiness  Limitations, of  Part 2  of the
    Bombardier CL-600-2B19  Maintenance Requirements  Manual. The  initial
    compliance  time  for doing  the  task is  at  the time  specified  in
    Bombardier CL-600-2B19 Temporary  Revision 2B-2273, dated  October 31,
    2019, to  Appendix B  - Airworthiness  Limitations, of  Part 2  of the
    Bombardier CL-600-2B19 Maintenance  Requirements Manual, or  within 30
    days after the effective date of this AD, whichever occurs later.

(i) NO ALTERNATIVE ACTIONS OR INTERVALS

    After the existing maintenance or inspection program has been  revised
    as  required by  paragraphs (g)  and (h)  of this  AD, no  alternative
    actions  (e.g.,  inspections)  or intervals  may  be  used unless  the
    actions  or  intervals  are  approved  as  an  alternative  method  of
    compliance  (AMOC)  in  accordance with  the  procedures  specified in
    paragraph (k)(1) of this AD.

(j) TERMINATING ACTION FOR A CERTAIN REQUIREMENT OF AD 2016-17-15

    Accomplishing the revision required by paragraph (g)  of this AD term-
    inates the requirement to incorporate AWL 57-21-112  as  specified  in
    paragraph (g)(12) of AD 2016-17-15.

(k) OTHER FAA AD PROVISIONS

    The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs):  The Manager,  New York ACO
    Branch,  FAA,  has the authority to approve AMOCs for this AD,  if re-
    quested using the procedures found in 14 CFR 39.19. In accordance with
    14 CFR 39.19,  send your request to your principal inspector  or local
    Flight Standards District Office, as appropriate.  If sending informa-
    tion directly to the manager of the certification office,  send  it to
    ATTN: Program Manager,  Continuing Operational Safety,  FAA,  New York
    ACO Branch, 1600 Stewart Avenue, Suite 410,  Westbury, NY 11590; tele-
    phone 516-228-7300; fax 516-794-5531.  Before using any approved AMOC,
    notify your appropriate principal inspector,  or  lacking  a principal
    inspector,  the manager of the local flight standards district office/
    certificate holding district office.

(2) Contacting the Manufacturer:  For any requirement in this AD to obtain
    instructions from a manufacturer the instructions must be accomplished
    using a method approved by the Manager,  New York ACO Branch,  FAA; or
    Transport Canada Civil Aviation  (TCCA);  or  Bombardier, Inc.’s  TCCA
    Design  Approval  Organization  (DAO). If  approved  by  the DAO,  the
    approval must include the DAO-authorized signature.

(l) RELATED INFORMATION

(1) Refer   to   Mandatory  Continuing  Airworthiness  Information  (MCAI)
    Canadian AD CF-2019-21,  dated May 15, 2019,  for related information.
    This MCAI may be found in the AD docket on the Internet at https://www
    .regulations.gov by searching for  and  locating  Docket No. FAA-2019-
    0987.

(2) For more information about this AD, contact Aziz Ahmed, Aerospace Eng-
    ineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600
    Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329;
    fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

(m) MATERIAL INCORPORATED BY REFERENCE

(1) The Director of the Federal Register  approved  the  incorporation  by
    reference (IBR) of  the service information  listed in this  paragraph
    under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable  to do the actions
    required by this AD, unless this AD specifies otherwise.

(i) Airworthiness Limitations task 57-21-112 to Part 6 - Eddy Current,  of
    Bombardier Canadair Regional Jet CRJ200 Nondestructive Testing Manual,
    CSP A-010, Revision 40, dated November 10, 2018.

(ii) Bombardier CL-600-2B19 Temporary Revision 2B-2273,  dated October 31,
     2019,  to  Appendix B - Airworthiness Limitations,  of  Part 2 of the
     Bombardier CL-600-2B19 Maintenance Requirements Manual.

(3) For  service information  identified in this AD,  contact  Bombardier,
    Inc., 400 Côte-Vertu Road West, Dorval,  Québec H4S 1Y9, Canada; Wide-
    body 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 https://www.bombardier.com.

(4) You  may  view  this  service  information  at  the FAA, Airworthiness
    Products Section, Operational Safety Branch, 2200 South 216th St., Des
    Moines, WA.  For information  on the availability  of this material at
    the FAA, call 206-231-3195.

(5) You  may  view  this  service  information  that  is  incorporated  by
    reference at the National Archives and Records Administration  (NARA).
    For information on the availability of this material  at  NARA,  email
    fedreg.legal@nara.gov,  or  go  to:  https://www.archives.gov/federal-
    register/cfr/ibr-locations.html.

Issued on June 19, 2020.  Lance T. Gant, Director, Compliance & Airworthi-
ness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed,  Aerospace Engineer, Airframe
and Propulsion Section,  FAA,  New York  ACO Branch,  1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;  telephone 516-228-7329;  fax 516-794-5531;
email 9-avs-nyaco-cos@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0987; Product Identifier 2019-NM-144-AD; Amendment
39-19922; AD 2020-12-13]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. This AD was prompted by reports that during airplane
wing fatigue testing, fatigue cracks were found on the lower right-
hand-side wing plank at the end of the integrally machined stringers,
which led to a determination that new or more restrictive airworthiness
limitations are necessary. This AD requires, for certain airplanes,
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA is issuing this AD to address the unsafe condition on these
products.

DATES: This AD is effective September 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 10,
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 https://www.bombardier.com. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety 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-2019-0987.

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-
0987; 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, 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: Aziz Ahmed, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7329; 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-2019-21, dated May 15,
2019 (also 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. 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-2019-0987.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The
NPRM published in the Federal Register on December 27, 2019 (84 FR
71335). The NPRM was prompted by reports that during airplane wing
fatigue testing, fatigue cracks were found on the lower right-hand-side
wing plank at the end of the integrally machined stringers, which led
to a determination that new or more restrictive airworthiness
limitations are necessary. The NPRM proposed to require, for certain
airplanes, revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA is issuing this AD to address undetected cracks on
the lower wing plank at the stringer run-out, which could affect the
structural integrity of the wing. See the MCAI for additional
background information.

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 each comment.

Request To Clarify Affected AD


Air Wisconsin Airlines stated that paragraph (b) of the proposed AD
specifies the affected ADs as ``None,'' and that although AD 2016-17-
15, Amendment 39-18628 (81 FR 59839, August 31, 2016) (``AD 2016-17-
15''), may not be affected by the NPRM, it is associated with it. The
FAA infers that Air Wisconsin Airlines is requesting clarification of
AD 2016-17-15 as an affected AD and if it should be cited in paragraph
(b) of the proposed AD.
The FAA agrees to clarify. The FAA acknowledges this AD affects AD
2016-17-15. ADs that are superseded or are terminated (or partially
terminated) by an AD are listed in paragraph (b) of that AD. The FAA
has added paragraph (j) to the AD to specify that accomplishing the
revision required by paragraph (g) of this AD terminates the
requirement to incorporate airworthiness limitations (AWL) task 57-21-
112 in Part 6--Eddy Current, of Canadair Regional Jet CRJ200
Nondestructive Testing Manual, CSP A-010, Revision 40, dated November
10, 2018 (``AWL task 57-21-112''), as specified in paragraph (g)(12) of
AD 2016-17-15. The FAA has also added AD 2016-17-15 to paragraph (b) of
this AD.

Request To Revise a Certain Service Information Citation

Bombardier requested that the FAA revise the service information
citation in paragraph (g) of the proposed AD for the
initial compliance time for AWL task 57-21-112. Bombardier stated that
the maintenance review manual specifies the inspection intervals and
not the nondestructive testing manual specified in paragraph (g) of the
proposed AD.
The FAA agrees with the commenter for the reason provided by the
commenter. The FAA has revised paragraph (g) of this AD to state that
the initial compliance time for doing the task is at the at the next
scheduled inspection as specified in AWL task 57-21-112, or within 30
days after the effective date of this AD, whichever occurs later.

Request To Provide Clarification to the NPRM

Air Wisconsin Airlines stated that it infers that the intent of
paragraph (g) of the proposed AD is to incorporate the nondestructive
testing (NDT) inspection introduced in Bombardier Canadair Regional Jet
CRJ200 Nondestructive Testing Manual, CSP A-010, Revision 40, dated
November 10, 2018 (``NDT Manual, Revision 40''), as AD 2016-17-15
already requires incorporation of AWL task 57-21-112 into an operator's
maintenance program. Air Wisconsin Airlines stated that if it is
required to use only NDT Manual, Revision 40, then it would suggest
that an alternative method of compliance (AMOC) would be required for
every revision issued after that to the NDT manual, as required by AD
2009-06-12, Amendment 39-15848 (74 FR 10457, March 11, 2009), for the
fault isolation manual (FIM). Air Wisconsin Airlines asked if that is
the intent of the NPRM, or is the intent of the NPRM as specified in
the MCAI to prohibit the use of earlier revisions of the NDT manual.
The FAA infers that Air Wisconsin Airlines is requesting the FAA
clarify the intent of paragraph (g) of the NPRM.
The FAA agrees to clarify the intent of paragraph (g) of this AD.
The intent is to prohibit the use of revisions prior to NDT Manual,
Revision 40. The FAA revised the language in paragraph (g) of this AD
to specify operators to ``revise the existing maintenance or inspection
program, as applicable, to incorporate the information in AWL task 57-
21-112, as specified in Part 6--Eddy Current, of Bombardier Canadair
Regional Jet CRJ200 Nondestructive Testing Manual, CSP A-010, Revision
40, dated November 10, 2018.'' The revised language in paragraph (g) of
this AD is designed to allow incorporating the specific information,
regardless of the revision level of the NDT manual, in use, so long as
the language is identical to the information in NDT Manual, Revision
40. Bombardier Canadair Regional Jet CRJ200 Nondestructive Testing
Manual, CSP A-010, Revision 41, dated October 10, 2019, includes the
same information that is specified in NDT Manual, Revision 40. If a
revision of the NDT manual does not contain the same information for
AWL task 57-21-112, as specified in NDT Manual, Revision 40, operators
may request an AMOC using the procedures specified in paragraph (k)(1)
of this AD.

Request To Incorporate a Certain Temporary Revision

Bombardier requested that paragraph (h) of the proposed AD state
that the incorporation of Bombardier CL-600-2B19 Temporary Revision 2B-
2273, dated October 31, 2019, to Appendix B--Airworthiness Limitations,
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual
(``Temporary Revision 2B-2273''), into the next full manual revision
also meets the requirements of paragraph (h) of the proposed AD.
The FAA agrees with the commenter that the next full manual
revision that incorporates the information in Temporary Revision 2B-
2273 will meet the requirements of paragraph (h) of this AD. The FAA
has revised the language in paragraph (h) of this AD to specify that
operators ``revise the existing maintenance or inspection program, as
applicable, to incorporate the information in AWL task 57-21-169, as
specified in Bombardier CL-600-2B19 Temporary Revision 2B-2273, dated
October 31, 2019, to Appendix B--Airworthiness Limitations, of Part 2
of the Bombardier CL-600-2B19 Maintenance Requirements Manual.''
This revised language requires including the information that is
provided in the referenced temporary revision. The revised language in
paragraph (h) of this AD is designed to allow incorporating the
specific information, regardless of the revision level of the NDT
manual in use, so long as the information is identical to that in
Temporary Revision 2B-2273.

Request To Clarify the Inspection Method

Air Wisconsin stated that paragraph (h) of the proposed AD
specifies that the requirement is to incorporate AWL task 57-21-169, as
specified in Temporary Revision 2B-2273 for which there is no existing
inspection in the NDT manual. Air Wisconsin stated that Temporary
Revision 2B-2273 does not indicate how to perform this inspection and
that it only states to perform it, dependent upon maximum take-off
weight (MTOW) if over the threshold from the last inspection per AWL
task 57-21-112. Air Wisconsin commented that there needs to be a method
of performing the inspection in the NDT manual, because AWL task 57-21-
112 may have been incorporated into a maintenance program many years
ago and inspections using the NDT Manual, Revision 40, may have been
performed immediately after its publication. Air Wisconsin also
commented that depending on utilization, there may be less than 100
cycles remaining before the inspection is required to be performed at
the effective date of the AD, and therefore, there needs to be a better
phase-in schedule than that shown in Temporary Revision 2B-2273, or an
inspection method is required to be published sooner than later. The
FAA infers that Air Wisconsin is requesting clarification for the
inspection method.
The FAA agrees to clarify the inspection method. Temporary Revision
2B-2273 does provide an inspection method because it identifies the
inspection type as a special detailed inspection and includes a
reference to AWL task 57-21-169. The inspection method is available in
the NDT manual.
Regarding the phase-in schedule, the FAA notes that paragraph (h)
of this AD provides a 30-day grace period for the initial compliance
time. Operators may also request an AMOC to extend the compliance time
using the procedures specified in paragraph (k)(1) of this AD. The FAA
has not changed this AD in this regard.

Conclusion

The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes 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 Airworthiness Limitations task 57-21-112 to
Part 6--Eddy Current, of Canadair Regional Jet CRJ200 Nondestructive
Testing Manual, CSP A-010, Revision 40, dated November 10, 2018. This
service information describes airworthiness
limitations for doing a special detailed inspection of the lower wing
skin splice joints at buttock line (BL) 45.00, wing station (WS) 65.75,
and WS148.00.
Bombardier has also issued CL-600-2B19 Temporary Revision 2B-2273,
dated October 31, 2019, to Appendix B--Airworthiness Limitations, of
Part 2 of the Bombardier CL-600-2B19 Maintenance Requirements Manual.
This service information describes airworthiness limitations for doing
an inspection for cracking on the lower wing plank at the stringer run-
out.
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 464 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the FAA 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).
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.

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

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 adding the following new airworthiness
directive (AD):