[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Pages 17540-17542]
[FR Doc No: 2017-07091]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6897; Directorate Identifier 2015-NM-187-AD;
Amendment 39-18853; AD 2017-08-04]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2015-03-01,
for all Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. AD 2015-03-01 required installing additional attaching
hardware on the left and right engine fan cowl access panels and the
nacelle attaching structures. This new AD requires weight and balance
data to be included in the Weight and Balance Manual for certain
modified airplanes. This new AD also requires the weight and balance
data to be used in order to calculate the center of gravity for
affected airplanes. This AD was prompted by updates to the weight and
balance data needed to calculate the center of gravity for affected
airplanes. We are issuing this AD to address the unsafe condition on
these products.

DATES: This AD is effective May 17, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 17,
2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
17, 2015 (80 FR 7298, February 10, 2015).

ADDRESSES: 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<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6897.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6897; or in person at the Docket Management Facility 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 address for the Docket Office (telephone 800-
647-5527) is Docket Management Facility, 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 Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2015-03-01, Amendment 39-18097 (80 FR 7298,
February 10, 2015) (``AD 2015-03-01''). AD 2015-03-01 applied to all
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. The NPRM published in the Federal Register on June 8, 2016
(81 FR 36813). The NPRM was prompted by updates to the weight and
balance data needed to calculate the center of gravity for affected
airplanes. The NPRM proposed to continue to require installing
additional attaching hardware on the left and right engine fan cowl
access panels and the nacelle attaching structures. The NPRM also
proposed to require weight and balance data to be included in the
Weight and Balance Manual and applicable logbooks for certain modified
airplanes. We are issuing this AD to prevent damage to the fuselage and
flight control surfaces from dislodged engine fan cowl access panels,
and prevent incorrect weight and balance calculations. Incorrect weight
and balance calculations may shift the center of gravity beyond
approved design parameters and affect in-flight control, which could
endanger passengers and crew.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-20R1, dated August 12, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for all Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. The MCAI states:

    There have been a number of engine fan cowl panel dislodgement
incidents reported on the Bombardier CL-600-2B19 aeroplane fleet.
The dislodged panels may cause damage to the fuselage and flight
control surfaces of the aeroplane. Also, the debris from a dislodged
panel may result in runway contamination and has the potential of
causing injury on the ground.
    Although the majority of the subject panel dislodgements were
reported on the first or second flight after an engine maintenance
task was performed that required removal and reinstallation of the
subject panels, the frequency of the dislodgements indicates that
the existing attachment design is prone to human (maintenance)
error.
    In order to mitigate the potential safety hazard of the subject
panel dislodgement, Bombardier had issued Service Bulletin (SB)
601R-71-034 to install additional fasteners for the attachment of
the engine fan cowl panels to the nacelle's structure. Compliance of
the above SB was mandated by the original issue of [Canadian] AD CF-
2014-20 dated 9 July 2014 [which corresponded to FAA AD 2015-03-01].
    Bombardier has now revised the SB 601R-71-034 (to Revision C)
requiring weight and balance data to be included in the Weight and
Balance manual for aeroplanes modified per the subject SB. This
revised [Canadian] AD is issued to mandate compliance with SB 601R-
71-034, Rev C.

Required actions also include the retained actions of modifying the
engine fan cowl access panel. You may examine the MCAI in the AD docket
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-6897.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comment received on the NPRM and
the FAA's response.

Request To Refer to Revised Service Information

    Air Wisconsin Airlines requested that we revise the NPRM to refer
to Bombardier Service Bulletin 601R-71-034, Revision D, dated October
7, 2016. Air Wisconsin also asked that we add Bombardier Service
Bulletin CF34-NAC-71-042, Revision C, dated September 4, 2016. Air
Wisconsin stated that the hardware kits are identified in this service
information.
    We partially agree with the commenter's request. No additional work
is required by Bombardier Service Bulletin 601R-71-034, Revision D,
dated October 7, 2016; it merely adds notes for clarification and
contains minor editorial changes. Since Bombardier Service Bulletin
CF34-NAC-71-042, Revision C, dated September 4, 2016, is a secondary
source of service information, it is not referenced in this AD.
    We have revised the Related Service Information under 1 CFR part 51
section of the preamble and paragraphs (g) and (h) of this AD to refer
to Bombardier Service Bulletin 601R-71-034, Revision D, dated October
7, 2016.
    We have also redesignated paragraph (i) of the proposed AD as
paragraph (i)(1) of this AD, and added credit for actions required by
paragraph (g) of this AD if accomplished prior to the effective date of
this AD using Bombardier Service Bulletin 601R-71-034, Revision C,
dated May 8, 2015.
    We have also added paragraph (i)(2) to this AD to provide credit
for actions required by paragraph (h) of this AD if accomplished prior
to the effective date of this AD using Bombardier Service Bulletin
601R-71-034, Revision C, dated May 8, 2015.

Clarification of Alternative Methods of Compliance (AMOCs) Paragraph

    We have revised paragraph (j)(1)(ii) of this AD to clarify that
Global AMOC 15-36, dated August 28, 2015, is approved for the
corresponding provisions of paragraph (g) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 601R-71-034, Revision
B, dated August 1, 2014; and Service Bulletin 601R-71-034, Revision D,
dated October 7, 2016. The service information provides procedures for
modifying the engine fan cowl access panels and the nacelle attaching
structures. These documents are distinct because Service Bulletin 601R-
71-034, Revision D, dated October 7, 2016, also includes weight and
balance information. 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

    We estimate that this AD affects 497 airplanes of U.S. registry.
    The actions required by AD 2015-03-01 and retained in this AD take
about 8 work-hours per product, at an average labor rate of $85 per
work-hour. Required parts cost about $5,458 per product. Based on these
figures, the estimated cost of the actions that are required by AD
2015-03-01 is $6,138 per product.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $42,245, or $85 per product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

0
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]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2015-03-01, Amendment 39-18097 (80 FR 7298, February 10, 2015) and
adding the following new AD:

2017-08-04 Bombardier, Inc.: Amendment 39-18853; Docket No. FAA-
2016-6897; Directorate Identifier 2015-NM-187-AD.

(a) Effective Date

    This AD is effective May 17, 2017.

(b) Affected ADs

    This AD replaces AD 2015-03-01, Amendment 39-18097 (80 FR 7298,
February 10, 2015) (``AD 2015-03-01'').

(c) Applicability

    This AD applies to all Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 71, Powerplant.

(e) Reason

    This AD was prompted by dislodged engine fan cowl access panels.
We are issuing this AD to prevent damage to the fuselage and flight
control surfaces from dislodged engine fan cowl panels, and prevent
incorrect weight and balance calculations. Incorrect weight and
balance calculations may shift the center of gravity beyond approved
design parameters and affect in-flight control, which could endanger
passengers and crew.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Fastener Installation, with Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD
2015-03-01, with revised service information. Within 6,000 flight
hours after March 17, 2015 (the effective date of AD 2015-03-01):
Install attaching hardware on the left and right engine fan cowl
access panels and the nacelle attaching structures, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
601R-71-034, Revision B, dated August 1, 2014; or Bombardier Service
Bulletin, 601R-71-034, Revision D, dated October 7, 2016. As of the
effective date of this AD, only Bombardier Service Bulletin, 601R-
71-034, Revision D, dated October 7, 2016, may be used.

(h) Inserting Weight and Balance Data

    Within 6,000 flight hours after the effective date of this AD,
revise the applicable Weight and Balance Manual to include the
weight and balance data specified in Bombardier Service Bulletin,
601R-71-034, Revision D, dated October 7, 2016.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 601R-71-
034, dated March 31, 2014; Bombardier Service Bulletin 601R-71-034,
Revision A, dated April 28, 2014; or Bombardier Service Bulletin
601R-71-034, Revision C, dated May 8, 2015.
    (2) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 601R-71-
034, Revision C, dated May 8, 2015.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested 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 information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (i) 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.
    (ii) Global AMOC 15-36, dated August 28, 2015, is approved as an
AMOC for the corresponding provisions of paragraph (g) of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, New York ACO, ANE-170, 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-20R1, dated August
12, 2015. This MCAI may be found in the AD docket on the Internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2016-6897.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(5) and (l)(6) of this AD.

(l) 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.
    (3) The following service information was approved for IBR on
May 17, 2017.
    (i) Bombardier Service Bulletin 601R-71-034, Revision D, dated
October 7, 2016.
    (ii) Reserved.
    (4) The following service information was approved for IBR on
March 17, 2015 (80 FR 7298, February 10, 2015).
    (i) Bombardier Service Bulletin 601R-71-034, Revision B, dated
August 1, 2014.
    (ii) Reserved.
    (5) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514-855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) 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, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on March 31, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-07091 Filed 4-11-17; 8:45 am]
 BILLING CODE 4910-13-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, Office of Transportation and Air Quality, OAR 2. OMB control number b. G None a 2060 0150 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. G Three years from approval date b. G Other Specify: / /___

7. Title Registration of Fuels and Fuel Additives: Requirements for Manufacturers ( 40 CFR 79)

8. Agency form number( s) ( If applicable) EPA ICR # 309.10 9. Keywords Clean Air Act, Air Pollution Control, Motor vehicle pollution 10. Abstract Section 211( a) of the Clean Air Act authorizes the registration of mobile source fuels and fuel additives. Manufacturers of motor vehicle gasolines and diesel fuels, and additives to these fuels, are required to provide compositional, health effects, and related information. The information will be analyzed to determine if the emissions of any fuel or additive pose an unacceptable risk to public health, thus warranting regulatory action.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 780 b. Total annual responses 9,200 1. Percentage of these responses collected electronically 0 % c. Total hours requested 18,500 d. Current OMB inventory 20,900 e. Difference ( 2,400) f. Explanation of difference 1. Program Change 2. Adjustment ( 2,400) 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars) a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 28 c. Total annualized cost requested 28 d. Current OMB inventory 31 e. Difference ( 3) f. Explanation of difference 1. Program change 2. Adjustment ( 3)

15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. Q Recordkeeping b. Q Third party disclosure c. X Reporting 1. X On occasion 2. Q Weekly 3. Q Monthly 4. X Quarterly 5. Q Semi annually 6. X Annually 7. Q Biannually 8. Q Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: James W. Caldwell Phone: 202 564 9303 OMB 83 I 10/ 95