[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Proposed Rules]
[Pages 47315-47318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20105]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0799; Product Identifier 2018-NM-117-AD]
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: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-500-1A10 and BD-500-1A11 airplanes. 
This proposed AD was prompted by reports of dislodged cargo compartment 
blow-out panels. This proposed AD would require repetitive inspections 
for any dislodged blow-out panel in the forward and aft cargo 
compartments, reporting of the inspection findings, and re-installation 
if necessary. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by November 5, 
2018.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email 
[email protected]; internet http://www.bombardier.com. You 
may view this service information at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

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-2018-
0799; 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 regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Admin Services Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone

[[Page 47316]]

516-228-7323; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0799; 
Product Identifier 2018-NM-117-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-15, dated June 6, 
2018 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model BD-500-1A10 and BD-500-1A11 airplanes. 
The MCAI states:

    Multiple events of dislodged cargo compartment blow-out panels 
have been reported in-service. It was determined that these events 
were caused by baggage impacting the cargo panel cage, or the cargo 
compartment liner below the cargo panel cage, during baggage loading 
and unloading on the ground, or during flight due to shifting 
luggage.
    Dislodged cargo compartment blow-out panels create openings in 
the forward and aft cargo compartments. In the event of a cargo 
compartment fire, these unintended openings in the forward and aft 
cargo compartments would provide a path for smoke, fire, and Halon 
to enter the adjacent equipment bays, flight deck, and passenger 
cabin, which could delay smoke detection in the forward and aft 
cargo compartments and result in the forward and aft cargo 
compartments not being able to maintain Halon concentration required 
for fire suppression. The cargo compartment fire may become 
uncontrollable if this condition is not corrected.
    This AD mandates repetitive [detailed] inspections of the 
affected forward and aft cargo compartment blow-out panels, and 
reporting of inspection findings where dislodged blow-out panels 
have been found [and re-installation of dislodged blow-out panels].

    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-2018-
0799.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued C Series Data Module BD500-A-J50-10-01-01AAA-
310B-A, ``Forward and aft cargo compartment blow-out panels--Visual 
check,'' Issue 002, dated May 16, 2018. This service information 
describes procedures for an inspection for any dislodged blow-out panel 
in the forward and aft cargo compartments.
    Bombardier has issued C Series Data Module BD500-A-J50-10-01-00AAA-
521A-A, ``Decompression panels dislodging--Return to basic 
configuration,'' Issue 002, dated May 16, 2018. This service 
information describes procedures for re-installation of dislodged 
forward and aft cargo compartment blow-out panels.
    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 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 proposing this AD because we 
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 accomplishing the actions specified 
in the service information described previously. This proposed AD also 
would require sending positive inspection results to Bombardier.

Costs of Compliance

    We estimate that this proposed AD affects 21 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $1,785
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary on-condition 
action that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....              $0             $170
------------------------------------------------------------------------

    We estimate that it would take about 1 work-hour per product to 
comply with the proposed on-condition reporting requirement in this 
proposed AD. The average labor rate is $85 per hour. Based on these 
figures, we estimate the cost of reporting the inspection results on 
U.S. operators to be $85 per product.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a

[[Page 47317]]

collection of information subject to the requirements of the Paperwork 
Reduction Act unless that collection of information displays a current 
valid OMB control number. The control number for the collection of 
information required by this NPRM is 2120-0056. The paperwork cost 
associated with this NPRM has been detailed in the Costs of Compliance 
section of this document and includes time for reviewing instructions, 
as well as completing and reviewing the collection of information. 
Therefore, all reporting associated with this NPRM is mandatory. 
Comments concerning the accuracy of this burden and suggestions for 
reducing the burden should be directed to the FAA at 800 Independence 
Ave. SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

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 proposed 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 and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    We 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. 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.

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 (AD):

Bombardier, Inc.: Docket No. FAA-2018-0799; Product Identifier 2018-
NM-117-AD.

(a) Comments Due Date

    We must receive comments by November 5, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in 
any category, identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and 
subsequent, equipped with blow-out panel part number D762213-503, 
D762216-505, or D762209-503.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and 
subsequent, equipped with blow-out panel part number D762213-503, 
D762216-505, or D762209-503.

(d) Subject

    Air Transport Association (ATA) of America Code 50, Cargo and 
accessory compartment.

(e) Reason

    This AD was prompted by reports of dislodged cargo compartment 
blow-out panels. We are issuing this AD to address this condition, 
which could result in openings in the forward and aft cargo 
compartments. In the event of a cargo compartment fire, these 
unintended openings in the forward and aft cargo compartments would 
provide a path for smoke, fire, and Halon to enter the adjacent 
equipment bays, flight deck, and passenger cabin, which could delay 
smoke detection in the forward and aft cargo compartments and result 
in the forward and aft cargo compartments not being able to maintain 
Halon concentration required for fire suppression. The cargo 
compartment fire may become uncontrollable if this condition is not 
addressed, which could result in the loss of controllability of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Repetitive Inspections of the Forward and Aft Cargo Compartment 
Blow-Out Panels and Re-Installation

    Within 7 days or 50 flight cycles, whichever occurs first, after 
the effective date of this AD, do a detailed inspection for any 
dislodged blow-out panel in the forward and aft cargo compartments, 
in accordance with C Series (Bombardier) Data Module BD500-A-J50-10-
01-01AAA-310B-A, ``Forward and aft cargo compartment blow-out 
panels--Visual check,'' Issue 002, dated May 16, 2018. Re-install 
all dislodged forward and aft cargo compartment blow-out panels 
before further flight, in accordance with C Series (Bombardier) Data 
Module BD500-A-J50-10-01-00AAA-521A-A, ``Decompression panels 
dislodging--Return to basic configuration,'' Issue 002, dated May 
16, 2018. Thereafter, at intervals not to exceed 100 flight cycles, 
repeat the detailed inspection for any dislodged blow-out panel in 
the forward and aft cargo compartments.

(h) Reporting

    If any blow-out panel in the forward or aft cargo compartments 
is found dislodged during any inspection required by paragraph (g) 
of this AD, at the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD, report findings to the Bombardier customer 
response center (CRC) via email: [email protected]. 
Reportable findings include the airplane serial number on which any 
dislodged blow-out panel was found, the date of inspection, and the 
part number and location of each dislodged blow-out panel.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (2) If the inspection was done before the effective date of this 
AD: Submit the report within 30 days after the effective date of 
this AD.

(i) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty 
for failure to comply with a collection of information subject to 
the requirements of the Paperwork Reduction

[[Page 47318]]

Act unless that collection of information displays a current valid 
OMB Control Number. The OMB Control Number for this information 
collection is 2120-0056. Public reporting for this collection of 
information is estimated to be approximately 1 hour per response, 
including the time for reviewing instructions, completing and 
reviewing the collection of information. All responses to this 
collection of information are mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden 
should be directed to the FAA at: 800 Independence Ave. SW, 
Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) 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 manager of 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.
    (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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-15, dated June 6, 2018, 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-2018-0799.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Admin Services Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7323; fax 516-794-5531; email [email protected].
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; email [email protected]; internet http://www.bombardier.com. You may view this service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.


    Issued in Des Moines, Washington, on September 10, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-20105 Filed 9-18-18; 8:45 am]
 BILLING CODE 4910-13-P