Proposed Rule2023-03623
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 24, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD was prompted by a report that certain environmental control system (ECS) pre-cooler clamp assemblies may not conform to specifications. This proposed AD would require an inspection of the pre-cooler clamps and replacement of non-conforming pre-cooler clamps. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 37 (Friday, February 24, 2023)</title>
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[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11825-11827]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03623]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0170; Project Identifier MCAI-2022-00974-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This
proposed AD was prompted by a report that certain environmental control
system (ECS) pre-cooler clamp assemblies may not conform to
specifications. This proposed AD would require an inspection of the
pre-cooler clamps and replacement of non-conforming pre-cooler clamps.
The FAA is proposing this AD to address the unsafe condition on these
products.
DATES: The FAA must receive comments on this proposed AD by April 10,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0170; 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email <a href="/cdn-cgi/l/email-protection#a7c6c489ded2cbe7c6c2d5c8899bc687cfd5c2c19a" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website <a href="http://bombardier.com">bombardier.com</a>.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#6b52460a1d184605120a0804460804182b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="764f5b1700055b180f1715195b1519053610171758111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No.
[[Page 11826]]
FAA-2023-0170; Project Identifier MCAI-2022-00974-T'' at the beginning
of your comments. The most helpful comments reference a specific
portion of the proposal, explain the reason for any recommended change,
and include supporting data. The FAA will consider all comments
received by the closing date and may amend the proposal because of
those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#437a6e2235306e2d3a22202c6e202c30032522226d242c35"><span class="__cf_email__" data-cfemail="3e07135f484d1350475f5d51135d514d7e585f5f10595148">[email protected]</span></a>. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-39, dated July 18, 2022 (Transport
Canada AD CF-2022-39) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
2A12 airplanes. The MCAI states that a disclosure letter from the
supplier advised that certain pre-cooler clamp assemblies securing the
ducting connection on the ECS pre-cooler inlet assembly may not conform
to drawing. If left uncorrected, the clamp may fail and cause excessive
leakage at that connection. This could lead to increased operating
temperatures in climate-controlled zones, or, in combination with other
failures, a complete loss of the ECS.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0170.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletin 700-36-7504, dated
June 27, 2022. This service information specifies procedures for
inspecting the pre-cooler clamps for non-conformance to the drawing and
replacing non-conforming pre-cooler clamps. The clamp replacement
includes a general visual inspection of non-conforming pre-cooler
clamps around the silicone bellow for signs of damage, and corrective
action including repair. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 12 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product Cost on U.S. operators
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2 work-hours x $85 per hour = $170............ $60 $230 Up to $2,760.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
[[Page 11827]]
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Bombardier, Inc.: Docket No. FAA-2023-0170; Project Identifier MCAI-
2022-00974-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70032, 70047
through 70056 inclusive, 70058 through 70061 inclusive, and 70063
through 70075 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report that certain environmental
control system (ECS) pre-cooler clamp assemblies may not conform to
specifications. The FAA is issuing this AD to address possible
excessive leakage caused by clamp failure. The unsafe condition, if
not addressed, could result in increased operating temperatures in
climate-controlled zones, or, in combination with other failures, a
complete loss of the ECS.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 36 months after the effective date of this AD: Identify
and replace, as applicable, the ECS pre-cooler clamps in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
700-36-7504, dated June 27, 2022.
(h) No Reporting Requirement
Although Bombardier Service Bulletin 700-36-7504, dated June 27,
2022, specifies to submit certain information to the manufacturer or
discard affected clamps, this AD does not include that requirement.
(i) Additional 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (j)(2) of this AD or
email to: <a href="/cdn-cgi/l/email-protection#1e27337f686d3370677f7d71337d716d5e787f7f30797168"><span class="__cf_email__" data-cfemail="bd8490dccbce90d3c4dcded290ded2cefddbdcdc93dad2cb">[email protected]</span></a>. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2022-39, dated July 18,
2022, for related information. This Transport Canada AD may be found
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0170.
(2) For more information about this AD, contact Elizabeth
Dowling, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#172e3a7661643a796e7674783a7478645771767639707861"><span class="__cf_email__" data-cfemail="be8793dfc8cd93d0c7dfddd193ddd1cdfed8dfdf90d9d1c8">[email protected]</span></a>.
(k) 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) Bombardier Service Bulletin 700-36-7504, dated June 27,
2022.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514-855-2999; email <a href="/cdn-cgi/l/email-protection#3150521f48445d715054435e1f0d5011594354570c" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website
<a href="http://bombardier.com">bombardier.com</a>.
(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 <a href="/cdn-cgi/l/email-protection#6006124e090e1310050314090f0e200e0112014e070f16"><span class="__cf_email__" data-cfemail="375145195e5944475254435e5859775956455619505841">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on February 15, 2023.
Christina Underwood, Acting Director,
Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2023-03623 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P
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