[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Proposed Rules]
[Pages 61881-61883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21565]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0859; Product Identifier 2020-NM-084-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-100-1A10 airplanes. This 
proposed AD was prompted by reports of failure of a certain fire 
detection and extinguishing (FIREX) control unit. This proposed AD 
would require replacing FIREX control units having a certain part 
number. 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 
16, 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.
     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., 200 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec 
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or 
direct-dial telephone 1-514-855-2999; 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

[[Page 61882]]

and locating Docket No. FAA-2020-0859; 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: Siddeeq Bacchus, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7362; 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-2020-0859; Product Identifier 2020-NM-084-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-2020-12, dated April 
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-100-1A10 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-
0859.
    This proposed AD was prompted by reports of failure of a certain 
FIREX control unit. The subsequent investigation determined that the 
potential cause of these failures is the FIREX control unit's 
susceptibility to internal electrical noise. The FAA is proposing this 
AD to address the failure of a FIREX control unit, which could result 
in the loss of the ability to detect a fire. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 100-26-01, Revision 
01, dated December 5, 2019; and Service Bulletin 350-26-001, Revision 
01, dated December 5, 2019. This service information describes 
procedures for replacing FIREX control units having part number (P/N) 
474112-2 with units having P/N 474112-3. These documents are distinct 
since they apply to different airplane configurations. 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 the service information described previously.

Costs of Compliance

    The FAA estimates that this proposed AD affects 223 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.............................          $6,389           $6,474       $1,443,702
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    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in our cost estimate.

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:

[[Page 61883]]

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-2020-0859; Product Identifier 2020-
NM-084-AD.

(a) Comments Due Date

    The FAA must receive comments by November 16, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20500 inclusive, and 20501 through 20669 inclusive, fitted 
with fire detection and extinguishing (FIREX) control unit part 
number (P/N) 474112-2.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by reports of failure of a certain FIREX 
control unit. The FAA is issuing this AD to address failure of a 
FIREX control unit, which could result in the loss of the ability to 
detect a fire.

(f) Compliance

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

(g) Replacement

    Within 24 months after the effective date of this AD: Replace 
any FIREX control unit having P/N 474112-2 with a unit having P/N 
474112-3, in accordance with paragraphs 2.B.(1) and (3) of the 
Accomplishment Instructions of the applicable Bombardier, Inc., 
service bulletin specified in paragraphs (g)(1) and (2) of this AD.
    (1) For airplanes having serial numbers 20003 through 20500 
inclusive: Bombardier Service Bulletin 100-26-01, Revision 01, dated 
December 5, 2019.
    (2) For airplanes having serial numbers 20501 through 20669 
inclusive: Bombardier Service Bulletin 350-26-001, Revision 01, 
dated December 5, 2019.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
FIREX control unit having P/N 474112-2 on any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 100-26-
01, dated December 20, 2016; or Bombardier Service Bulletin 350-26-
001, dated December 20, 2016, as applicable.

(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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-12, dated May 1, 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-2020-0859.
    (2) For more information about this AD, contact Siddeeq Bacchus, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7362; fax 516-794-5531; email 
[email protected].
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 200 C[ocirc]te Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1 
866 538 1247 or direct-dial telephone 1 514 855 2999; 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.

    Issued on September 24, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-21565 Filed 9-30-20; 8:45 am]
BILLING CODE 4910-13-P