[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10747-10750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03574]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0843; Product Identifier 2020-NM-073-AD; Amendment 
39-21420; AD 2021-03-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-1A10 airplanes. 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. This AD requires an inspection to determine the last 
replacement date of the ELB, and replacement if necessary. This AD also 
requires the incorporation of a new maintenance task into the existing 
maintenance or inspection program. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 30, 
2021.

ADDRESSES: For service information identified in this final rule, 
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. It is also available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0843.

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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2020-07, dated March 
17, 2020 (also referred to 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model BD-700-1A10 airplanes. The NPRM published in the Federal 
Register on September 17, 2020 (85 FR 58010). The NPRM 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 NPRM proposed to require an 
inspection to determine the last replacement date of the ELB, and 
replacement if necessary. The NPRM also proposed to require the 
incorporation of a new maintenance task into the existing maintenance 
or inspection program. The FAA is issuing this AD to address smoke and 
an overheating condition of the ELB due to corrosion, which could cause 
fire onboard the airplane. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to that comment.

[[Page 10748]]

Request To Update Bombardier Email Address

    Bombardier requested that the FAA revise the NPRM to update the 
email address for obtaining the specified service information from 
``[email protected]'' to ``[email protected].''
    The FAA agrees with the request and has revised this final rule 
accordingly.

Clarifications of Compliance Times

    The FAA has revised paragraph (g) of this AD to clarify when 
replacement is required. This clarification explains that replacement 
is required if, during the inspection required by paragraph (g) of this 
AD, any last replacement date or manufacturing date is found to be 4 
years or older.
    The FAA has also revised paragraph (h)(2) of this AD to clarify 
that the compliance time of within 48 months is related to the 
applicable date specified in paragraph (h)(2)(i) or (ii) of this AD. 
The proposed AD inadvertently stated that the compliance time was 
``[w]ithin 48 months after the applicable compliance time specified in 
paragraph (h)(2)(i) or (ii) of this AD,'' but paragraphs (h)(2)(i) and 
(ii) of this AD specify dates, not compliance times.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that this change will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

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 the following service information.
     Global Express BD-700 Supplemental Time Limits/Maintenance 
Checks (STLMC) Temporary Revision (TR) 05-19091701, dated September 17, 
2019.
     Global Express BD-700 STLMC TR 05-19091704, dated 
September 17, 2019.
     Global Express XRS BD-700 STLMC TR 05-19091705, dated 
September 17, 2019.
    These documents describe an amendment to the aircraft maintenance 
schedule to include STLMC Chapter 5 task number 33-51-54-603, 
``Restoration of the Emergency Lighting Batteries (XL245-B Emergency 
Battery System),'' 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.

Costs of Compliance

    The FAA estimates that this AD affects 69 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    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 existing 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:


[[Page 10749]]


2021-03-17 Bombardier, Inc.: Amendment 39-21420; Docket No. FAA-
2020-0843; Product Identifier 2020-NM-073-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(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 during this inspection, any date is found to 
be 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 date 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] TR23FE21.015

(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

[[Page 10750]]

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].

(n) 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 700-33-024, dated May 13, 2019.
    (ii) Bombardier Global Express BD-700 Supplemental Time Limits/
Maintenance Checks (STLMC) Temporary Revision (TR) 05-19091701, 
dated September 17, 2019.
    (iii) Bombardier Global Express BD-700 STLMC TR 05-19091704, 
dated September 17, 2019.
    (iv) Bombardier Global Express XRS BD-700 STLMC TR 05-19091705, 
dated September 17, 2019.
    (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.
    (4) 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.
    (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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 29, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03574 Filed 2-22-21; 8:45 am]
BILLING CODE 4910-13-P