Proposed Rule2023-14879
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
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Published
July 14, 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 some of the multi-function spoiler (MFS) anti-rotation plates failed in-service due to a thin wall design. This proposed AD would require replacing the MFS anti-rotation plates, inspecting the MFS anti-rotation plates for cracking and hinge bolts for evidence of rotation, accomplishing applicable corrective actions, and performing a functional test of the multi-function spoiler control surfaces. 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 134 (Friday, July 14, 2023)</title>
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[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45121-45123]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14879]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1493; Project Identifier MCAI-2022-01105-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 some of the multi-function
spoiler (MFS) anti-rotation plates failed in-service due to a thin wall
design. This proposed AD would require replacing the MFS anti-rotation
plates, inspecting the MFS anti-rotation plates for cracking and hinge
bolts for evidence of rotation, accomplishing applicable corrective
actions, and performing a functional test of the multi-function spoiler
control surfaces. 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 28,
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-2023-1493; 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#e58486cb9c9089a58480978acbd984c58d978083d8" 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 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#dfe6f2bea9acf2b1a6bebcb0f2bcb0ac9fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="3a03175b4c491754435b5955175955497a5c5b5b145d554c">[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-2023-1493; Project Identifier
MCAI-2022-01105-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.
[[Page 45122]]
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#d3eafeb2a5a0febdaab2b0bcfeb0bca093b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="764f5b1700055b180f1715195b1519053610171758111900">[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-2022-47R1, dated October 11, 2022
(Transport Canada AD CF-2022-47R1) (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 report was received
that some of the MFS anti-rotation plates failed in-service due to a
thin wall design. The MFS anti-rotation plates were designed with
overlapping tolerances on the inside and outside diameters, which
allows for an extremely thin wall thickness once machined.
The FAA is proposing this AD to address MFS anti-rotation plate
failures. The unsafe condition, if not addressed, could result in wear
and failure of the inboard and outboard spoiler hinge pins possibly
resulting in a hinge no longer supporting the load, or unintended
asymmetrical spoiler deployment, leading to reduced controllability of
the airplane, or loss of control 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-2023-1493.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletin 700-27-7504, Revision
01, dated July 11, 2022. This service information specifies procedures
for replacing the left and right MFS No. 1, MFS No. 2, and MFS No. 3
anti-rotation plate part number (P/N) G05770140-103 and P/N G05770160-
101 with P/N G05770140-105. In addition, one of the procedural steps is
to inspect the MFS anti-rotation plates for cracking and the hinge bolt
for any evidence of rotation, and repair or replacement. This service
information also specifies procedures for performing a functional test
(stop-to-stop check) of the multi-function spoiler control-surfaces.
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. This proposed AD would
also prohibit the installation of affected parts.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 42 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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3 work-hours x $85 per hour = $255........................... $2,000 $2,255 $94,710
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs or replacements 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:
(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,
[[Page 45123]]
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-2023-1493; Project Identifier MCAI-
2022-01105-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 28, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70006
through 70129 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code: 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by a report that some of the multi-function
spoiler (MFS) anti-rotation plates failed in-service due to a thin
wall design. The FAA is issuing this AD to address MFS anti-rotation
plate failures. The unsafe condition, if not addressed, could result
in wear and failure of the inboard and outboard spoiler hinge pins,
possibly resulting in a hinge no longer supporting the load, or
unintended asymmetrical spoiler deployment, leading to reduced
controllability of the airplane, or loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Replacement and Inspection
(1) Within 36 months after the effective date of this AD,
replace the left and right MFS No. 1, MFS No. 2, and MFS No. 3 anti-
rotation plate part number (P/N) G05770140-103 and P/N G05770160-101
with P/N G05770140-105, including inspecting the MFS anti-rotation
plates for any cracking and the hinge bolts for any evidence of
rotation, in accordance with the Part 2.B. of the Accomplishment
Instructions of Bombardier Service Bulletin 700-27-7504, Revision
01, dated July 11, 2022. If any cracking or evidence of rotation is
found, before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (i)(1) of this
AD.
(2) Before further flight after accomplishing the actions
specified in paragraph (g)(1) of this AD: Perform a functional test
(stop-to-stop check) of the multi-function spoiler control-surfaces
in accordance with the Step 2.C. (3) of the Accomplishment
Instructions of Bombardier Service Bulletin 700-27-7504, Revision
01, dated July 11, 2022.
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 700-27-7504, dated
March 2, 2022.
(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#794054180f0a541700181a16541a160a391f1818571e160f"><span class="__cf_email__" data-cfemail="152c38746366387b6c74767a38767a66557374743b727a63">[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 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-2022-47R1, dated October 11,
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-2023-1493.
(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#d7eefab6a1a4fab9aeb6b4b8fab4b8a497b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="7c45511d0a0f5112051d1f13511f130f3c1a1d1d521b130a">[email protected]</span></a>.
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(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 700-27-7504, Revision 01, dated
July 11, 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#78191b56010d1438191d0a1756441958100a1d1e45" 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 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#92f4e0bcfbfce1e2f7f1e6fbfdfcd2fcf3e0f3bcf5fde4"><span class="__cf_email__" data-cfemail="4e283c6027203d3e2b2d3a2721200e202f3c2f60292138">[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 July 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14879 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P
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