[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Proposed Rules]
[Pages 58010-58014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20373]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0843; Product Identifier 2020-NM-073-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-700-1A10 airplanes. This 
proposed AD was prompted by a report of smoke and signs of an 
overheating condition from the emergency light battery (ELB) due to 
excessive corrosion surrounding the internal lead acid batteries, which 
caused an electrical short circuit that led to the smoke and 
overheating condition. This proposed AD would require an inspection to 
determine the last replacement date of the ELB, and replacement if 
necessary. This proposed AD would also require the incorporation of a 
new maintenance task into the aircraft maintenance schedule. 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 November 2, 
2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.

[[Page 58011]]

     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 https://www.bombardier.com. 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.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0843; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time. Send your 
comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2020-0843; Product Identifier 2020-NM-073-AD'' at the 
beginning of your 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, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

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 the 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2020-07, dated March 
17, 2020 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc., Model BD-700-1A10 airplanes. 
You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0843.
    This proposed AD was prompted by a report of smoke and signs of an 
overheating condition from the ELB due to excessive corrosion 
surrounding the internal lead acid batteries, which caused an 
electrical short circuit that led to the smoke and overheating 
condition. The FAA is proposing this AD to address such conditions, 
which could cause fire onboard the airplane. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-33-024, dated May 13, 
2019. This service information describes procedures for an inspection 
to determine the last battery replacement date of the ELB, and 
replacement if necessary.
    Bombardier also issued following service information.
     Supplemental Time Limits/Maintenance Checks (STLMC) 
Temporary Revision (TR) 05-19091701, dated September 17, 2019.
     STLMC TR 05-19091704, dated September 17, 2019.
     STLMC TR 05-19091705, dated September 17, 2019.
    These documents describe amendments to the aircraft maintenance 
schedule for the ELB restoration and are distinct since they apply to 
different airplane serial numbers.
    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, 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 accomplishing the actions specified 
in Bombardier Service Bulletin 700-33-024, dated May 13, 2019, 
described previously.
    This proposed AD would also require the incorporation of a new 
maintenance task into the aircraft maintenance schedule.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed

[[Page 58012]]

AD, the operator may not be able to accomplish the actions described in 
the revisions. In this situation, to comply with 14 CFR 91.403(c), the 
operator must request approval for an alternative method of compliance 
according to paragraph (l)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 69 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255..............................         $11,308         $11,563        $797,847
----------------------------------------------------------------------------------------------------------------

    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
FAA recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
FAA estimates the total cost per operator to be $7,650 (90 work-hours x 
$85 per work-hour).

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) Will not affect intrastate aviation in Alaska, and
    (3) 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-2020-0843; Product Identifier 2020-
NM-073-AD.

(a) Comments Due Date

    The FAA must receive comments by November 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 
airplanes, certificated in any category, serial numbers 9002, 9003, 
9011, 9016, 9020, 9022 through 9025 inclusive, 9029, 9031, 9032, 
9036, 9039 through 9044 inclusive, 9046 through 9058 inclusive, 9060 
through 9065 inclusive, 9067 through 9081 inclusive, 9083 through 
9106 inclusive, 9108 through 9122 inclusive, 9124 through 9126 
inclusive, 9128, 9129, 9133, 9134, 9136 through 9139 inclusive, 9141 
through 9148 inclusive, 9150, 9151, 9153, 9159, 9162, 9163, 9165, 
and 9169.

(d) Subject

    Air Transport Association (ATA) of America Code 33, Lights.

(e) Reason

    This AD was prompted by a report of smoke and signs of an 
overheating condition from the emergency light battery (ELB) due to 
excessive corrosion surrounding the internal lead acid batteries, 
which caused an electrical short circuit that led to the smoke and 
overheating condition. The FAA is issuing this AD to address such 
conditions, which could cause fire onboard the airplane.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 15 months after the effective date of this AD, inspect 
the ELB to determine the last replacement date or the manufacturing 
date, as applicable; if any date is 4 years or older, replace the 
ELB before further flight. Do the actions in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 700-33-
024, dated May 13, 2019. For airplanes on which the restoration task 
specified in paragraph (h) of this AD was done before the effective 
date of this AD, the requirements of paragraph (g) of this AD are 
not required.

(h) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
include the information specified in Bombardier BD-700 Supplemental 
Time Limits/Maintenance Checks (STLMC) Chapter 5 task number 33-51-
54-603, ``Restoration of the Emergency Lighting Batteries (XL245-B 
Emergency Battery System),'' in the Bombardier BD-700 STLMC, as 
specified in the applicable temporary revision identified in figure 
1 to paragraph (h) of this AD. The initial compliance time for doing 
task 33-51-54-603 is at the applicable time specified in paragraph 
(h)(1) or (2) of this AD. Repeat task 33-51-54-603 thereafter at the 
interval specified within that task.
    (1) If both ELBs were replaced at the time of compliance with 
paragraph (g) of this AD: Within 48 months after the ELB 
replacement.
    (2) If neither ELB, or only one ELB, was replaced at the time of 
compliance with paragraph (g) of this AD: Within 48 months after the 
applicable compliance time

[[Page 58013]]

specified in paragraph (h)(2)(i) or (ii) of this AD.
    (i) For each ELB, use the battery replacement date, if it is 
indicated.
    (ii) For each ELB, use the date of manufacture, if it does not 
have a battery replacement date indicated.
[GRAPHIC] [TIFF OMITTED] TP17SE20.000

(i) Misidentified Restoration Task

    The following temporary revisions misidentified the required 
restoration task as task ``33-51-54-602.''
    (1) Bombardier Global Express XRS BD-700 STLMC Temporary 
Revision 05-19032701, dated March 27, 2019.
    (2) Bombardier Global Express BD-700 STLMC Temporary Revision 
05-19040301, dated April 3, 2019.
    (3) Bombardier Global Express BD-700 STLMC Temporary Revision 
05-19040401, dated April 4, 2019.

(j) Compliance With Restoration Task for Airplanes on Which the 
Misidentified Task Was Accomplished

    For airplanes on which the restoration task specified as task 
``33-51-54-602'' in the applicable temporary revision identified in 
paragraph (i) of this AD was done before the effective date of this 
AD:
    (1) The actions specified in paragraph (g) of this AD are not 
required.
    (2) The initial accomplishment of the task specified in 
paragraphs (h)(1) and (2) of this AD is not required.
    (3) Task 33-51-54-603 must be done within 48 months after task 
``33-51-54-602'' was accomplished, and thereafter at the intervals 
specified in task 33-51-54-603.

(k) No Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (h) of this AD, no alternative 
actions (e.g., inspections) and intervals may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (l)(1) of this AD.

(l) 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 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's TCCA Design Approval Organization (DAO). If approved by 
the DAO, the approval must include the DAO-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2020-07, dated March 17, 2020, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2020-0843.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; 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 https://www.bombardier.com. 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.


[[Page 58014]]


    Issued on September 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-20373 Filed 9-16-20; 8:45 am]
BILLING CODE 4910-13-P