44268 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0488; Directorate 

Identifier 2014–NM–141–AD; Amendment 

39–17919; AD 2014–15–17] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model CL–600–2B16 

(CL–604 Variant) airplanes. This AD 

requires revising the airplane flight 

manual to incorporate temporary 

revisions that introduce additional 

limitations for operation of taxi and 

landing lights. This AD was prompted 

by a determination that there is a 

potential for fuel leakage from auxiliary 

power unit (APU) boost pump 

component installations in the righthand landing lights compartment. We 

are issuing this AD to advise the 

flightcrew of the limitations for taxi 

lights and landing lights to prevent heat 

generated by the taxi lights and landing 

lights on the ground reaching the autoignition temperature of the fuel, which 

could potentially ignite any fuel or 

fumes present in the right-hand landing 

lights compartment. 

DATES: This AD becomes effective July 

31, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 31, 2014. 

We must receive comments on this 

AD by September 15, 2014. 

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 

http://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 AD, contact Bombardier, Inc., 400 

Coˆte-Vertu Road West, Dorval, Que ́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 Airplane 

Directorate, 1601 Lind Avenue SW., 

Renton, WA. For information on the 

availability of this material at the FAA, 

call 425–227–1221. 

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–2014– 

0488; 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 (telephone 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Morton Lee, Aerospace Engineer, 

Propulsion and Services Branch, ANE– 

173, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone 516–228–7355; fax 

516–794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2014–17, 

dated June 17, 2014 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for certain Bombardier, Inc. Model CL– 

600–2B16 (CL–604 Variant) airplanes. 

The MCAI states: 

Bombardier Inc. has determined that there 

is a potential for fuel leakage from the 

auxiliary power unit (APU) boost pump 

component installations in the right hand 

landing lights compartment. On a hot day, 

the temperatures in the landing light 

compartment as result of the heat generated 

by the taxi lights and/or the landing lights on 

the ground, can reach the auto-ignition 

temperature of the fuel and may ignite any 

fuel/fumes present in the right hand landing 

light compartment. 

In order to mitigate the potential safety 

hazard, Bombardier Inc. has revised the 

Aircraft Flight Manual (AFM) through 

Temporary Revisions (TRs) 604/38 and 605/ 

20 to introduce additional limitations for 

operation of the landing/taxi lights on the 

ground. 

This [Canadian] AD is being issued to 

mandate compliance with the revised AFM 

limits for landing/taxi light operations per 

the TR 604/38 and TR 605/20, as applicable 

for the affected aeroplanes. 

You may examine the MCAI on the 

Internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2014–0488. 

Relevant Service Information 

Bombardier has issued the following 

service information: 

• Temporary Revision (TR) 604/38, 

dated June 16, 2014, to the Bombardier 

Challenger CL–604 Airplane Flight 

Manual, PSP 604–1; and 

• TR 605/20, dated June 16, 2014, to 

the Bombardier Challenger CL–605 

Airplane Flight Manual, PSP 605–1. 

The actions described in this service 

information are intended to correct the 

unsafe condition identified in the 

MCAI. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are issuing this 

AD because we 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. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This AD 

Since late 2006, we have included a 

standard paragraph titled ‘‘Airworthy 

Product’’ in all MCAI ADs in which the 

FAA develops an AD based on a foreign 

authority’s AD. 

We have become aware that some 

operators have misunderstood or 

misinterpreted the Airworthy Product 

paragraph to allow the owner/operator 

to use messages provided by the 

manufacturer as approval of deviations 

during the accomplishment of an ADmandated action. The Airworthy 

Product paragraph does not approve 

messages or other information provided 

by the manufacturer for deviations to 

the requirements of the AD-mandated 

actions. The Airworthy Product 

paragraph only addresses the 

requirement to contact the manufacturer 

for corrective actions for the identified 

unsafe condition and does not cover 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 44269 

deviations from other AD requirements. 

However, deviations to AD-required 

actions are addressed in 14 CFR 39.17, 

and anyone may request the approval 

for an alternative method of compliance 

to the AD-required actions using the 

procedures found in 14 CFR 39.19. 

To address this misunderstanding and 

misinterpretation of the Airworthy 

Product paragraph, we have changed the 

paragraph and retitled it ‘‘Contacting the 

Manufacturer.’’ This paragraph now 

clarifies that for any requirement in this 

AD to obtain corrective actions from a 

manufacturer, the action must be 

accomplished using a method approved 

by the FAA, TCCA, or Bombardier, 

Inc.’s TCCA Design Approval 

Organization (DAO). 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DAO, the approval must include 

the DAO-authorized signature. The DAO 

signature indicates that the data and 

information contained in the document 

are TCCA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the 

DAO-authorized signature approval are 

not TCCA-approved, unless TCCA 

directly approves the manufacturer’s 

message or other information. 

This clarification does not remove 

flexibility previously afforded by the 

Airworthy Product paragraph. 

Consistent with long-standing FAA 

policy, such flexibility was never 

intended for required actions. This is 

also consistent with the 

recommendation of the Airworthiness 

Directive Implementation Aviation 

Rulemaking Committee to increase 

flexibility in complying with ADs by 

identifying those actions in 

manufacturers’ service instructions that 

are ‘‘Required for Compliance’’ with 

ADs. We continue to work with 

manufacturers to implement this 

recommendation. But once we 

determine that an action is required, any 

deviation from the requirement must be 

approved as an alternative method of 

compliance. 

We also have decided not to include 

a generic reference to either the 

‘‘delegated agent’’ or ‘‘DAH with State of 

Design Authority design organization 

approval,’’ but instead we have 

provided the specific delegation 

approval granted by the State of Design 

Authority for the DAH in the Contacting 

the Manufacturer paragraph of this AD. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because heat generated by the taxi 

lights and landing lights on the ground 

could reach the auto-ignition 

temperature of the fuel, which could 

potentially ignite any fuel or fumes 

present in the right-hand landing lights 

compartment. Therefore, we determined 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite 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–2014–0488; 

Directorate Identifier 2014–NM–141– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD based on those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

We estimate that this AD affects 169 

airplanes of U.S. registry. 

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. Required parts will cost 

$0 per product. Based on these figures, 

we estimate the cost of this AD on U.S. 

operators to be $14,365, 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–15–17 Bombardier, Inc.: Amendment 

39–17919. Docket No. FAA–2014–0488; 

Directorate Identifier 2014–NM–141–AD. 

(a) Effective Date 

This AD becomes effective July 31, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

CL–600–2B16 (CL–604 Variant) airplanes, 

mstockstill on DSK4VPTVN1PROD with RULES

44270 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 

certificated in any category, serial numbers 

5301 through 5665 inclusive, and 5701 and 

subsequent. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel; and 33, Lights. 

(e) Reason 

This AD was prompted by a determination 

that there is a potential for fuel leakage from 

auxiliary power unit (APU) boost pump 

component installations in the right-hand 

landing lights compartment. We are issuing 

this AD to advise the flightcrew of the 

limitations for taxi lights and landing lights 

to prevent heat generated by the taxi lights 

and landing lights on the ground reaching the 

auto-ignition temperature of the fuel, which 

could potentially ignite any fuel or fumes 

present in the right-hand landing lights 

compartment. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Airplane Flight Manual (AFM) Revision 

Within 24 hours after the effective date of 

this AD, revise the AFM to incorporate the 

applicable temporary revisions (TRs) 

specified in paragraphs (g)(1) and (g)(2) of 

this AD. Operate the airplane according to 

the procedures in the TRs specified in 

paragraph (g)(1) or (g)(2) of this AD, as 

applicable. The AFM revision required by 

paragraph (g) of this AD may be done by 

inserting a copy of TR 604/38, Taxi and 

Landing Lights, dated June 16, 2014, into the 

Bombardier Challenger CL–604 AFM, PSP 

604–1; or a copy of TR 605/20, Taxi and 

Landing Lights, dated June 16, 2014, into the 

Bombardier Challenger CL–605 AFM, PSP 

605–1. When these TRs have been included 

in the general revisions of the applicable 

AFM, the general revisions may be inserted 

in the AFM and the TRs may be removed, 

provided the relevant information in the 

general revision is identical to that included 

in TR 604/38, Taxi and Landing Lights, dated 

June 16, 2014; or TR 605/20, Taxi and 

Landing Lights, dated June 16, 2014; as 

applicable. 

(1) TR 604/38, Taxi and Landing Lights, 

dated June 16, 2014, to the Bombardier 

Challenger CL–604 AFM, PSP 604–1 (for 

Bombardier Model CL–600–2B16 (604 

Variant) airplanes, serial numbers 5301 

through 5665 inclusive). 

(2) TR 605/20, Taxi and Landing Lights, 

dated June 16, 2014, to the Bombardier 

Challenger CL–605 Airplane Flight Manual 

PSP 605–1 (for Bombardier Model CL–600– 

2B16 (604 Variant) airplanes, serial numbers 

5701 and subsequent). 

(h) 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–173, 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 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, ANE–170, 

Engine and Propeller Directorate, 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 DAOauthorized signature. 

(i) Related Information 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2014–17, dated 

June 17, 2014, for related information. You 

may examine the MCAI on the Internet at 

http://www.regulations.gov by searching for 

and locating Docket No. FAA–2014–0488. 

(j) 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) Temporary Revision (TR) 604/38, Taxi 

and Landing Lights, dated June 16, 2014, to 

the Bombardier Challenger CL–604 Airplane 

Flight Manual, PSP 604–1. 

(ii) TR 605/20, Taxi and Landing Lights, 

dated June 16, 2014, to the Bombardier 

Challenger CL–605 Airplane Flight Manual, 

PSP 605–1. 

(3) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; email 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(4) 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. 

(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, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on July 24, 

2014. 

Ross Landes, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–17910 Filed 7–30–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0987; Airspace 

Docket No. 13–AWP–19] 

Establishment of Class E Airspace; 

Needles, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at the Needles VHF OmniDirectional Radio Range Tactical Air 

Navigation Aid (VORTAC), Needles, 

CA, to facilitate vectoring of Instrument 

Flight Rules (IFR) aircraft under control 

of Los Angeles Air Route Traffic Control 

Center (ARTCC). This improves the 

safety and management of IFR 

operations within the National Airspace 

System. 

DATES: Effective date, 0901 UTC, 

November 13, 2014. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

ADDRESSES: FAA Order 7400.9X, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. For further information, 

you can contact the Airspace Policy and 

ATC Procedures Group, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: 202– 

267–8783. 

FOR FURTHER INFORMATION CONTACT: Bill 

Nugent, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

mstockstill on DSK4VPTVN1PROD with RULES