Proposed Rule2023-14076
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
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Published
July 5, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by a determination that a certain nondestructive test (NDT) procedure associated with a certain airworthiness limitation for inspecting the inboard, mid, and outboard flap metallic end ribs does not contain all of the necessary instructions. This proposed AD would require a revision to the existing maintenance or inspection program to require using a revised NDT procedure when performing an airworthiness limitation task. This proposed AD would also prohibit the use of earlier revisions of that NDT procedure. 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 127 (Wednesday, July 5, 2023)</title>
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[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Proposed Rules]
[Pages 42884-42886]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14076]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 127 / Wednesday, July 5, 2023 /
Proposed Rules
[[Page 42884]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1223; Project Identifier MCAI-2022-00982-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-700-1A10 and BD-700-1A11
airplanes. This proposed AD was prompted by a determination that a
certain nondestructive test (NDT) procedure associated with a certain
airworthiness limitation for inspecting the inboard, mid, and outboard
flap metallic end ribs does not contain all of the necessary
instructions. This proposed AD would require a revision to the existing
maintenance or inspection program to require using a revised NDT
procedure when performing an airworthiness limitation task. This
proposed AD would also prohibit the use of earlier revisions of that
NDT procedure. 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 August 21,
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-2023-1223; 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, Inc., 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#b8d9db96c1cdd4f8d9ddcad79684d998d0caddde85" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; internet:
<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 Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer,
FAA, 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="221b0f4354510f4c5b43414d0f414d51624443430c454d54">[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. FAA-2023-1223; Project Identifier
MCAI-2022-00982-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 Yaser
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#457c68243336682b3c24262a68262a36052324246b222a33"><span class="__cf_email__" data-cfemail="655c48041316480b1c04060a48060a16250304044b020a13">[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-2022-40, dated July 21, 2022 (Transport
Canada AD CF-2022-40) (also referred to after this as the MCAI), to
correct an unsafe condition for certain Bombardier, Inc., Model BD-700-
1A10, and BD-700-1A11 airplanes. The MCAI states that Bombardier
determined that non-destructive testing manual (NDTM) procedure ET-57-
51-009, dated May 6, 2019, or earlier, did not contain all of the
necessary instructions to perform the inspections of the inboard, mid,
and outboard flap metallic end ribs in associated airworthiness
limitation task number 57-51-00-109. If those inspections are not fully
completed, there is a potential for undetected cracks in the inspection
area; which can result in structural failure of the flap.
The FAA is proposing this AD to address undetected cracking. The
unsafe condition, if not addressed, could result in structural failure
of the flap, which
[[Page 42885]]
could result in possible reduced structural integrity of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1223.
Related Service Information Under 1 CFR Part 51
The FAA reviewed procedure ET-57-51-009. ``Special Detailed
Inspection of the Inboard, Mid and Outboard Flap (Metallic) End Ribs,
of Part 6--Eddy Current, of Bombardier Global 5000 Nondestructive
Testing Manual, Publication No. BD-700 NDTM, Revision 46, dated August
16, 2022. This service information specifies revised inspection
procedures for NDT procedure ET-57-51-009.
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 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,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require a revision to the existing
maintenance or inspection program to require using a revised NDT
procedure when performing a certain airworthiness limitation task. This
proposed AD would also prohibit the use of earlier revisions of that
NDT procedure when performing that airworthiness limitation task.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 441 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 Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $0 $85 $37,485
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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:
(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-2023-1223; Project Identifier MCAI-
2022-00982-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 21, 2023.
(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, having serial
numbers 9002 through 9879 inclusive, 9998, and 60001 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code: 57, Wings.
(e) Reason
This AD was prompted by a determination that a certain
nondestructive test (NDT) procedure associated with a certain
airworthiness limitation for inspecting for cracks at the inboard,
mid, and outboard flap metallic end ribs does not contain all of the
necessary instructions. The FAA is issuing this AD to address
undetected cracks. The unsafe condition, if not addressed, could
result in structural failure of the flap, which could result in
possible reduced structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance Procedure Limitation
As of 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to use
procedure ET-57-51-009. ``Special Detailed Inspection of the
Inboard, Mid and Outboard Flap (Metallic) End Ribs, of Part 6--Eddy
Current, of Bombardier Global 5000 Nondestructive Testing Manual,
Publication No. BD-700 NDTM, Revision 46, dated August 16, 2022,
when performing
[[Page 42886]]
airworthiness limitation task number 57-51-00-109.
(h) Maintenance Procedure Prohibition
As of 90 days after the effective date of this AD, it is
prohibited to use procedure ET-57-51-009. ``Special Detailed
Inspection of the Inboard, Mid and Outboard Flap (Metallic) End
Ribs, of Part 6--Eddy Current, of Bombardier Global 5000
Nondestructive Testing Manual, Publication No. BD-700 NDTM, dated
May 6, 2019, or earlier revisions when performing airworthiness
limitation task number 57-51-00-109.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (j)(2) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#764f5b3720255b373f245b4145465b373b39353610171758111900"><span class="__cf_email__" data-cfemail="be8793ffe8ed93fff7ec93898d8e93fff3f1fdfed8dfdf90d9d1c8">[email protected]</span></a>. 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, International
Validation Branch, FAA; or Transport Canada; or Bombardier, Inc.'s
Transport Canada 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-2022-40, dated July 21,
2022, for related information. This Transport Canada may be found in
the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1223.
(2) For more information about this AD, contact Yaser Osman,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#21180c4057520c4f5840424e0c424e52614740400f464e57"><span class="__cf_email__" data-cfemail="645d49051217490a1d05070b49070b17240205054a030b12">[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) Procedure ET-57-51-009. ``Special Detailed Inspection of the
Inboard, Mid and Outboard Flap (Metallic) End Ribs, of Part 6--Eddy
Current, of Bombardier Global 5000 Nondestructive Testing Manual,
Publication No. BD-700 NDTM, Revision 46, dated August 16, 2022.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Bombardier, Inc., 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#92f3f1bcebe7fed2f3f7e0fdbcaef3b2fae0f7f4af" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; internet:
<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 Street, 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#395f4b1750574a495c5a4d5056577957584b58175e564f"><span class="__cf_email__" data-cfemail="3157431f585f4241545245585e5f715f5043501f565e47">[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 June 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14076 Filed 7-3-23; 8:45 am]
BILLING CODE 4910-13-P
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