82 FR 43457 - Airworthiness Directives; Bombardier, Inc., Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 179 (September 18, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 179 (September 18, 2017)
| Page Range | 43457-43459 | |
| FR Document | 2017-19658 |
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)] [Rules and Regulations] [Pages 43457-43459] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19658] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations [[Page 43457]] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-8177; Product Identifier 2015-NM-129-AD; Amendment 39-19041; AD 2017-19-11] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by a determination that a certain task in the aircraft maintenance manual (AMM) will not accomplish the intent of a candidate certification maintenance requirement (CCMR) for detecting dormant failures of the pitch feel (PF) and rudder travel limiter actuator (RTLA) back-up modules. This AD requires doing an operational test of the flight control unit (FCU) back-up modules, and repair if necessary. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective October 23, 2017. ADDRESSES: 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- 8177; 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 street 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: Assata Dessaline, Aerospace Engineer, Avionics and Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7301; fax 516- 794-5531. SUPPLEMENTARY INFORMATION: Discussion We 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 BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the Federal Register on July 15, 2016 (81 FR 45997) (``the NPRM''). The NPRM was prompted by a determination that a certain task in the AMM will not accomplish the intent of a CCMR. This CCMR task tests the PF and RTLA back-up modules in the FCU to detect dormant failures. The NPRM proposed to require doing an operational test of the FCU back-up modules, and repair if necessary. We are issuing this AD to detect and correct a dormant failure of both FCU back-up modules. This condition, in combination with other failures in the FCU, may result in the inability to maintain the minimum control requirements for the PF and RTLA, which could create hazardous flight control inputs during flight. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF- 2015-06R1, dated April 22, 2015 (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. The MCAI states: It was discovered that the existing instruction in the Aircraft Maintenance Manual (AMM) Task 27-61-05-710-801 will not accomplish the intent of the * * * [Canadian Certification Maintenance Requirement (CCMR)] task number 27-61-05-201. This * * * [CCMR] task was required to test the Pitch Feel (PF) and Rudder Travel Limiter Actuator (RTLA) back-up modules in the Flight Control Unit (FCU) to detect dormant failures. If not detected, a dormant failure of both FCU back-up modules, in combination with other failures in the FCU, may result in the inability to maintain the Minimum Control Requirements for the PF and RTLA, which could create hazardous flight control inputs during flight. The original issue of this [Canadian] AD mandated the performance of an operational test of the FCU back-up modules using the proper AMM task instructions [and repair if necessary]. Revision 1 of this [Canadian] AD is to correct the model number designation in the Applicability section. 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- 8177. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Requests To Clarify Task Type Bombardier, Inc. (Bombardier), and NetJets Aviation Inc. (NetJets), requested that we clarify that task 27-61-05-201 is not a CMR task. Bombardier stated that the task was misidentified as a certification maintenance requirement (CMR) task during the investigation into the cause of the identified unsafe condition. Bombardier further explained that task 27-61-05-201 is a candidate CMR, or CCMR. We agree that the task type should be clarified. We have confirmed that task 27-61-05-201 is a CCMR task. Therefore, we have revised references to the task throughout this AD accordingly. Requests To Reference Revised Service Information Bombardier, Kacalp Flight Operation, and NetJets, requested that we revise the NPRM to reference revised service information. The commenters explained that the temporary revisions (TRs) referenced in the NPRM have been incorporated into the AMM, as have several subsequent revisions. The commenters asserted that the referenced TRs and certain subsequent AMM revisions are not available to operators. We partially agree with the commenters' requests. We have confirmed that the TRs and subsequent AMM revisions referenced in the NPRM are no longer available. Therefore, we [[Page 43458]] agree that this final rule needs to be revised. However, given the number of subsequent AMM revisions that have been issued for each of the AMMs since the NPRM was published, and the difficulties in obtaining the necessary material, we do not agree to reference subsequent AMM revisions in this final rule. Instead, we have revised paragraph (g) of this AD to specify doing the required actions in accordance with a method approved by the Manager, New York ACO Branch, FAA. We have also removed the content provided in paragraphs (h) and (i) of the proposed AD from this AD. We have redesignated subsequent paragraphs accordingly. Request To Revise the Compliance Time for the FCU Operational Test NetJets requested that we revise the proposed compliance time for FCUs with less than 3,000 total flight hours in paragraph (g)(3) of the proposed AD to the later of the following:Prior to 3,000 total flight hours on the FCU; or Within 15 months or 700 flight hours after the effective date of the AD, whichever occurs first. NetJets stated that, for an FCU with 2,999 total flight hours on the effective date of the AD, the proposed AD would require compliance prior to further flight. NetJets pointed out that no justification was given for the more restrictive compliance time. Further, NetJets explained that paragraph (g)(1) of the proposed AD has a grace period of 15 months or 700 hours flight hours, whichever occurs first for an FCU that has accumulated 3,000 total flight hours or more. We partially agree with the commenter's request. We agree that a grace period is needed for FCUs having accumulated less than 3,000 total flight hours as of the effective date of this AD, on which an operational test has not been completed. We do not agree that the commenter's proposed grace period is adequate to address the unsafe condition. However, we have revised the compliance time in paragraph (g)(3) of this AD to provide a grace period of within 30 days after the effective date of this AD. Request To Correct Typographical Errors in Paragraph (h)(5) of the Proposed AD Bombardier requested that we correct a typographical error in paragraph (h)(5) of the proposed AD. We agree that there is a typographical error in paragraph (h)(5) of the proposed AD. However, as explained previously, we have removed the content of paragraph (h) of the proposed AD from this AD. Therefore, no change to this AD is necessary in this regard. Conclusion We reviewed the relevant data, considered the comments 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 minor 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. We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD. Costs of Compliance We estimate that this AD affects 76 airplanes of U.S. registry. We also estimate that it will take about 3 work-hours 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 $19,380, or $255 per product. We have received no definitive data that would enable us 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. 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. This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes to the Director of the System Oversight Division. 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 adding the following new airworthiness directive (AD): 2017-19-11 Bombardier, Inc.: Amendment 39-19041; Docket No. FAA- 2016-8177; Product Identifier 2015-NM-129-AD. (a) Effective Date This AD is effective October 23, 2017. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD- 700-1A11 airplanes, certificated in any category, serial numbers 9002 and subsequent. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. [[Page 43459]] (e) Reason This AD was prompted by a determination that a certain task in the aircraft maintenance manual (AMM) will not accomplish the intent of a candidate certification maintenance requirement (CCMR). This CCMR task tests the pitch feel (PF) and rudder travel limiter actuator (RTLA) back-up modules in the flight control unit (FCU) to detect dormant failures. We are issuing this AD to detect and correct a dormant failure of both FCU back-up modules. This condition, in combination with other failures in the FCU, may result in the inability to maintain the minimum control requirements for the PF and RTLA, which could create hazardous flight control inputs during flight. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) FCU Operational Test (1) For airplanes with an FCU that has accumulated 3,000 total flight hours or more as of the effective date of this AD: Within 15 months or 700 flight hours, whichever occurs first, after the effective date of this AD, do an operational test of the FCU back-up modules, in accordance with a method approved by the Manager, New York ACO Branch, FAA. (2) For airplanes with an FCU that has accumulated less than 3,000 total flight hours as of the effective date of this AD, and on which an operational test has been accomplished as specified in AMM task 27-61-05-710-801: Within 15 months or 700 flight hours, whichever occurs first, after the effective date of this AD, do an operational test of the FCU back-up modules, in accordance with a method approved by the Manager, New York ACO Branch, FAA. (3) For airplanes with an FCU that has accumulated less than 3,000 total flight hours as of the effective date of this AD, and on which an operational test has not been accomplished as specified in AMM task 27-61-05-710-801: Before the FCU accumulates 3,000 total flight hours or within 30 days after the effective date of this AD, whichever occurs later, perform an operational test of the FCU back- up modules, in accordance with a method approved by the Manager, New York ACO Branch, FAA. (h) Corrective Action If any FCU fails any operational test required by this AD: Before further flight, repair 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). (i) 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 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 certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 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. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: 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 Branch, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval must include the DAO-authorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2015-06R1, dated April 22, 2015, for related information. 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-2016-8177. (2) For more information about this AD, contact Assata Dessaline, Aerospace Engineer, Avionics and Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7301; fax 516-794-5531. (k) Material Incorporated by Reference None. Issued in Renton, Washington, on September 7, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2017-19658 Filed 9-15-17; 8:45 am] BILLING CODE 4910-13-P
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Rules and Regulations Federal Register
Vol. 82, No. 179
Monday, September 18, 2017
This section of the FEDERAL REGISTER 5527) is Docket Management Facility, dormant failure of both FCU back-up
contains regulatory documents having general U.S. Department of Transportation, modules, in combination with other failures
applicability and legal effect, most of which Docket Operations, M–30, West in the FCU, may result in the inability to
are keyed to and codified in the Code of maintain the Minimum Control
Building Ground Floor, Room W12–140,
Federal Regulations, which is published under Requirements for the PF and RTLA, which
1200 New Jersey Avenue SE., could create hazardous flight control inputs
50 titles pursuant to 44 U.S.C. 1510.
Washington, DC 20590. during flight.
The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: The original issue of this [Canadian] AD
the Superintendent of Documents. Assata Dessaline, Aerospace Engineer, mandated the performance of an operational
Avionics and Services Section, FAA, test of the FCU back-up modules using the
New York ACO Branch, 1600 Stewart proper AMM task instructions [and repair if
DEPARTMENT OF TRANSPORTATION Avenue, Suite 410, Westbury, NY necessary].
Revision 1 of this [Canadian] AD is to
11590; telephone 516–228–7301; fax correct the model number designation in the
Federal Aviation Administration
516–794–5531. Applicability section.
SUPPLEMENTARY INFORMATION:
14 CFR Part 39 You may examine the MCAI in the
[Docket No. FAA–2016–8177; Product
Discussion AD docket on the Internet at http://
Identifier 2015–NM–129–AD; Amendment We issued a notice of proposed www.regulations.gov by searching for
39–19041; AD 2017–19–11] rulemaking (NPRM) to amend 14 CFR and locating Docket No. FAA–2016–
part 39 by adding an AD that would 8177.
RIN 2120–AA64
apply to certain Bombardier, Inc., Model Comments
Airworthiness Directives; Bombardier, BD–700–1A10 and BD–700–1A11
We gave the public the opportunity to
Inc., Airplanes airplanes. The NPRM published in the
participate in developing this AD. The
Federal Register on July 15, 2016 (81 FR
AGENCY: Federal Aviation following presents the comments
45997) (‘‘the NPRM’’). The NPRM was
Administration (FAA), Department of received on the NPRM and the FAA’s
prompted by a determination that a
Transportation (DOT). response to each comment.
certain task in the AMM will not
ACTION: Final rule. accomplish the intent of a CCMR. This Requests To Clarify Task Type
CCMR task tests the PF and RTLA back- Bombardier, Inc. (Bombardier), and
SUMMARY: We are adopting a new up modules in the FCU to detect
airworthiness directive (AD) for certain NetJets Aviation Inc. (NetJets), requested
dormant failures. The NPRM proposed that we clarify that task 27–61–05–201
Bombardier, Inc., Model BD–700–1A10 to require doing an operational test of
and BD–700–1A11 airplanes. This AD is not a CMR task. Bombardier stated
the FCU back-up modules, and repair if that the task was misidentified as a
was prompted by a determination that a necessary. We are issuing this AD to
certain task in the aircraft maintenance certification maintenance requirement
detect and correct a dormant failure of (CMR) task during the investigation into
manual (AMM) will not accomplish the both FCU back-up modules. This
intent of a candidate certification the cause of the identified unsafe
condition, in combination with other condition. Bombardier further explained
maintenance requirement (CCMR) for failures in the FCU, may result in the
detecting dormant failures of the pitch that task 27–61–05–201 is a candidate
inability to maintain the minimum CMR, or CCMR.
feel (PF) and rudder travel limiter control requirements for the PF and
actuator (RTLA) back-up modules. This We agree that the task type should be
RTLA, which could create hazardous clarified. We have confirmed that task
AD requires doing an operational test of flight control inputs during flight.
the flight control unit (FCU) back-up 27–61–05–201 is a CCMR task.
Transport Canada Civil Aviation Therefore, we have revised references to
modules, and repair if necessary. We are (TCCA), which is the aviation authority
issuing this AD to address the unsafe the task throughout this AD accordingly.
for Canada, has issued Canadian
condition on these products. Airworthiness Directive CF–2015–06R1, Requests To Reference Revised Service
DATES: This AD is effective October 23, dated April 22, 2015 (referred to after Information
2017. this as the Mandatory Continuing Bombardier, Kacalp Flight Operation,
ADDRESSES: Airworthiness Information, or ‘‘the and NetJets, requested that we revise the
MCAI’’), to correct an unsafe condition NPRM to reference revised service
Examining the AD Docket for certain Bombardier, Inc., Model BD– information. The commenters explained
You may examine the AD docket on 700–1A10 and BD–700–1A11 airplanes. that the temporary revisions (TRs)
the Internet at http:// The MCAI states: referenced in the NPRM have been
www.regulations.gov by searching for It was discovered that the existing incorporated into the AMM, as have
and locating Docket No. FAA–2016– instruction in the Aircraft Maintenance several subsequent revisions. The
8177; or in person at the Docket Manual (AMM) Task 27–61–05–710–801 will commenters asserted that the referenced
sradovich on DSKBBY8HB2PROD with RULES
Management Facility between 9 a.m. not accomplish the intent of the * * * TRs and certain subsequent AMM
and 5 p.m., Monday through Friday, [Canadian Certification Maintenance revisions are not available to operators.
Requirement (CCMR)] task number 27–61– We partially agree with the
except Federal holidays. The AD docket
05–201. This * * * [CCMR] task was
contains this AD, the regulatory required to test the Pitch Feel (PF) and commenters’ requests. We have
evaluation, any comments received, and Rudder Travel Limiter Actuator (RTLA) back- confirmed that the TRs and subsequent
other information. The street address for up modules in the Flight Control Unit (FCU) AMM revisions referenced in the NPRM
the Docket Office (telephone 800–647– to detect dormant failures. If not detected, a are no longer available. Therefore, we
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agree that this final rule needs to be this AD. Therefore, no change to this AD period, the Executive Director has
revised. However, given the number of is necessary in this regard. delegated the authority to issue ADs
subsequent AMM revisions that have applicable to transport category
Conclusion
been issued for each of the AMMs since airplanes to the Director of the System
the NPRM was published, and the We reviewed the relevant data, Oversight Division.
difficulties in obtaining the necessary considered the comments received, and
determined that air safety and the Regulatory Findings
material, we do not agree to reference
subsequent AMM revisions in this final public interest require adopting this AD We determined that this AD will not
rule. Instead, we have revised paragraph with the changes described previously have federalism implications under
(g) of this AD to specify doing the and minor editorial changes. We have Executive Order 13132. This AD will
required actions in accordance with a determined that these minor changes: not have a substantial direct effect on
method approved by the Manager, New • Are consistent with the intent that the States, on the relationship between
York ACO Branch, FAA. We have also was proposed in the NPRM for the national government and the States,
removed the content provided in correcting the unsafe condition; and or on the distribution of power and
paragraphs (h) and (i) of the proposed • Do not add any additional burden responsibilities among the various
AD from this AD. We have redesignated upon the public than was already levels of government.
subsequent paragraphs accordingly. proposed in the NPRM. For the reasons discussed above, I
We also determined that these certify that this AD:
Request To Revise the Compliance changes will not increase the economic 1. Is not a ‘‘significant regulatory
Time for the FCU Operational Test burden on any operator or increase the action’’ under Executive Order 12866;
NetJets requested that we revise the scope of this AD. 2. Is not a ‘‘significant rule’’ under the
proposed compliance time for FCUs DOT Regulatory Policies and Procedures
Costs of Compliance (44 FR 11034, February 26, 1979);
with less than 3,000 total flight hours in
We estimate that this AD affects 76 3. Will not affect intrastate aviation in
paragraph (g)(3) of the proposed AD to
airplanes of U.S. registry. We also Alaska; and
the later of the following: 4. Will not have a significant
• Prior to 3,000 total flight hours on estimate that it will take about 3 work-
hours per product to comply with the economic impact, positive or negative,
the FCU; or
• Within 15 months or 700 flight basic requirements of this AD. The on a substantial number of small entities
average labor rate is $85 per work-hour. under the criteria of the Regulatory
hours after the effective date of the AD,
Based on these figures, we estimate the Flexibility Act.
whichever occurs first.
NetJets stated that, for an FCU with cost of this AD on U.S. operators to be List of Subjects in 14 CFR Part 39
2,999 total flight hours on the effective $19,380, or $255 per product.
Air transportation, Aircraft, Aviation
date of the AD, the proposed AD would We have received no definitive data
safety, Incorporation by reference,
require compliance prior to further that would enable us to provide cost
Safety.
flight. NetJets pointed out that no estimates for the on-condition actions
justification was given for the more specified in this AD. Adoption of the Amendment
restrictive compliance time. Further, Authority for This Rulemaking Accordingly, under the authority
NetJets explained that paragraph (g)(1) delegated to me by the Administrator,
of the proposed AD has a grace period Title 49 of the United States Code the FAA amends 14 CFR part 39 as
of 15 months or 700 hours flight hours, specifies the FAA’s authority to issue follows:
whichever occurs first for an FCU that rules on aviation safety. Subtitle I,
has accumulated 3,000 total flight hours section 106, describes the authority of PART 39—AIRWORTHINESS
or more. the FAA Administrator. ‘‘Subtitle VII: DIRECTIVES
We partially agree with the Aviation Programs,’’ describes in more
commenter’s request. We agree that a detail the scope of the Agency’s ■ 1. The authority citation for part 39
grace period is needed for FCUs having authority. continues to read as follows:
accumulated less than 3,000 total flight We are issuing this rulemaking under Authority: 49 U.S.C. 106(g), 40113, 44701.
hours as of the effective date of this AD, the authority described in ‘‘Subtitle VII,
on which an operational test has not Part A, Subpart III, Section 44701: § 39.13 [Amended]
been completed. We do not agree that General requirements.’’ Under that ■ 2. The FAA amends § 39.13 by adding
the commenter’s proposed grace period section, Congress charges the FAA with the following new airworthiness
is adequate to address the unsafe promoting safe flight of civil aircraft in directive (AD):
condition. However, we have revised air commerce by prescribing regulations 2017–19–11 Bombardier, Inc.: Amendment
the compliance time in paragraph (g)(3) for practices, methods, and procedures 39–19041; Docket No. FAA–2016–8177;
of this AD to provide a grace period of the Administrator finds necessary for Product Identifier 2015–NM–129–AD.
within 30 days after the effective date of safety in air commerce. This regulation
(a) Effective Date
this AD. is within the scope of that authority
because it addresses an unsafe condition This AD is effective October 23, 2017.
Request To Correct Typographical that is likely to exist or develop on (b) Affected ADs
Errors in Paragraph (h)(5) of the products identified in this rulemaking
Proposed AD None.
action.
Bombardier requested that we correct This AD is issued in accordance with (c) Applicability
sradovich on DSKBBY8HB2PROD with RULES
a typographical error in paragraph (h)(5) authority delegated by the Executive This AD applies to Bombardier, Inc.,
of the proposed AD. Director, Aircraft Certification Service, Model BD–700–1A10 and BD–700–1A11
We agree that there is a typographical as authorized by FAA Order 8000.51C. airplanes, certificated in any category, serial
numbers 9002 and subsequent.
error in paragraph (h)(5) of the proposed In accordance with that order, issuance
AD. However, as explained previously, of ADs is normally a function of the (d) Subject
we have removed the content of Compliance and Airworthiness Air Transport Association (ATA) of
paragraph (h) of the proposed AD from Division, but during this transition America Code 27, Flight controls.
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(e) Reason appropriate. If sending information directly 2018. The compliance date for
This AD was prompted by a determination to the certification office, send it to ATTN: § 1028.114(b) (cooperative research) is
that a certain task in the aircraft maintenance Program Manager, Continuing Operational January 20, 2020.
manual (AMM) will not accomplish the Safety, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY FOR FURTHER INFORMATION CONTACT:
intent of a candidate certification
11590; telephone 516–228–7300; fax 516– Alice Thaler, Associate Executive
maintenance requirement (CCMR). This
CCMR task tests the pitch feel (PF) and 794–5531. Before using any approved AMOC, Director for Health Sciences, Consumer
rudder travel limiter actuator (RTLA) back-up notify your appropriate principal inspector, Product Safety Commission, 5 Research
modules in the flight control unit (FCU) to or lacking a principal inspector, the manager Place, Rockville, MD 20850: 301–987–
detect dormant failures. We are issuing this of the local flight standards district office/ 2240, or by email to: athaler@cpsc.gov.
AD to detect and correct a dormant failure of certificate holding district office. The AMOC
approval letter must specifically reference SUPPLEMENTARY INFORMATION: On June
both FCU back-up modules. This condition, 18, 1991, the U.S. Department of Health
in combination with other failures in the this AD.
(2) Contacting the Manufacturer: For any and Human Services (HHS) issued a
FCU, may result in the inability to maintain
the minimum control requirements for the PF requirement in this AD to obtain corrective rule setting forth the Common Rule
and RTLA, which could create hazardous actions from a manufacturer, the action must requirements for the protection of
flight control inputs during flight. be accomplished using a method approved human subjects. (56 FR 28003). The
by the Manager, New York ACO Branch, HHS regulations are codified at 45 CFR
(f) Compliance FAA; or TCCA; or Bombardier, Inc.’s TCCA
part 46. At that time, 15 other agencies,
Comply with this AD within the DAO. If approved by the DAO, the approval
must include the DAO-authorized signature. including CPSC, joined HHS in
compliance times specified, unless already adopting a uniform set of rules for the
done. (j) Related Information protection of human subjects, identical
(g) FCU Operational Test (1) Refer to Mandatory Continuing to subpart A of 45 CFR part 46. The
(1) For airplanes with an FCU that has Airworthiness Information (MCAI) Canadian Common Rule is codified in CPSC’s
accumulated 3,000 total flight hours or more Airworthiness Directive CF–2015–06R1, regulations at 16 CFR part 1028. The
as of the effective date of this AD: Within 15 dated April 22, 2015, for related information. basic provisions of the Common Rule
months or 700 flight hours, whichever occurs This MCAI may be found in the AD docket
include, among other things,
first, after the effective date of this AD, do an on the Internet at http://www.regulations.gov
by searching for and locating Docket No. requirements related to the review of
operational test of the FCU back-up modules, human subjects research by an
in accordance with a method approved by FAA–2016–8177.
(2) For more information about this AD, institutional review board, obtaining
the Manager, New York ACO Branch, FAA.
(2) For airplanes with an FCU that has contact Assata Dessaline, Aerospace and documenting informed consent of
accumulated less than 3,000 total flight hours Engineer, Avionics and Services Section, human subjects, and submitting written
as of the effective date of this AD, and on FAA, New York ACO Branch, 1600 Stewart assurance of institutional compliance
which an operational test has been Avenue, Suite 410, Westbury, NY 11590; with the Common Rule.
accomplished as specified in AMM task 27– telephone 516–228–7301; fax 516–794–5531. On September 8, 2015 (80 FR 53933),
61–05–710–801: Within 15 months or 700 (k) Material Incorporated by Reference HHS, on behalf of many of the same
flight hours, whichever occurs first, after the agencies that were signatories to the
None.
effective date of this AD, do an operational original Common Rule, proposed
test of the FCU back-up modules, in Issued in Renton, Washington, on revisions to the Common Rule to
accordance with a method approved by the September 7, 2017.
Manager, New York ACO Branch, FAA.
modernize and strengthen the rule.
Jeffrey E. Duven, Although CPSC was not a signatory to
(3) For airplanes with an FCU that has Director, System Oversight Division, Aircraft
accumulated less than 3,000 total flight hours the Common Rule NPR, CPSC proposed
Certification Service. to amend the Commission’s regulations
as of the effective date of this AD, and on
which an operational test has not been [FR Doc. 2017–19658 Filed 9–15–17; 8:45 am] at 16 CFR part 1028, to cross-reference
accomplished as specified in AMM task 27– BILLING CODE 4910–13–P the HHS regulations in 45 CFR part 46,
61–05–710–801: Before the FCU accumulates subpart A. 80 FR 57548 (Sept. 24, 2015).
3,000 total flight hours or within 30 days In addition, CPSC directed that any
after the effective date of this AD, whichever CONSUMER PRODUCT SAFETY comments on the proposed Common
occurs later, perform an operational test of COMMISSION
the FCU back-up modules, in accordance
Rule be sent to the HHS docket for the
with a method approved by the Manager, proceeding at HHS–OPHS–2015–0008.
16 CFR Part 1028 On January 19, 2017, HHS issued a
New York ACO Branch, FAA.
final rule on the Common Rule, which,
(h) Corrective Action Protection of Human Subjects among other things, establishes new
If any FCU fails any operational test AGENCY: Consumer Product Safety requirements regarding the information
required by this AD: Before further flight, Commission. that must be given to prospective
repair using a method approved by the research subjects as part of the informed
Manager, New York ACO Branch, FAA; or ACTION: Final rule.
consent process. 82 FR 7149. HHS also
Transport Canada Civil Aviation (TCCA); or SUMMARY: On January 19, 2017, the
Bombardier, Inc.’s TCCA Design Approval reviewed and addressed more than
Organization (DAO).
Federal departments and agencies that 2,100 comments. Although CPSC
are subject to the Federal Policy for the instructed that any comment on the
(i) Other FAA AD Provisions Protection of Human Subjects (referred Common Rule be submitted in the HHS
The following provisions also apply to this to as the Common Rule) published a docket, 22 comments were submitted,
AD: final rule amending the Common Rule. instead, to the CPSC docket. CPSC
sradovich on DSKBBY8HB2PROD with RULES
(1) Alternative Methods of Compliance The Consumer Product Safety reviewed the comments and determined
(AMOCs): The Manager, New York ACO Commission (CPSC or Commission) that all of the substantive issues were
Branch, FAA, has the authority to approve adopts the Common Rule.
AMOCs for this AD, if requested using the addressed in the Common Rule final
procedures found in 14 CFR 39.19. In DATES: The rule is effective on January rule.
accordance with 14 CFR 39.19, send your 19, 2018. The compliance date for this Because CPSC’s current regulations
request to your principal inspector or local rule, except for § 1028.114(b) on the protection of human subjects,
Flight Standards District Office, as (cooperative research), is January 19, codified at 16 CFR part 1028, follow the
VerDate Sep<11>2014 16:23 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1](https://thefederalregister.org/doc/82_FR_43636/page/3.svg)
Document Created: 2017-09-16 00:51:40
Document Modified: 2017-09-16 00:51:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective October 23, 2017. | |
| Contact | Assata Dessaline, Aerospace Engineer, Avionics and Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7301; fax 516- 794-5531. | |
| FR Citation | 82 FR 43457 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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