[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11180-11184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03588]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0093; Project Identifier MCAI-2020-01213-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 all Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. 
This proposed AD was prompted by reports indicating that the left- and 
right-hand elevator torque tube bearings were contaminated with sand 
and corrosion, restricting free rotation. This proposed AD would 
require repetitive general visual inspections of the left- and right-
hand elevator torque tube bearings for any sand, dust, or corrosion; 
repetitive functional tests of the elevator control system; and 
replacement of the elevator torque tube bearings if necessary. 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 April 12, 
2021.

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 http://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-2021-
0093; 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.

[[Page 11181]]


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 send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0093; Project Identifier 
MCAI-2020-01213-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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 
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]. 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 Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-29, dated August 21, 
2020 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for all 
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 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-2021-
0093.
    This proposed AD was prompted by reports indicating that the left- 
and right-hand elevator torque tube bearings were contaminated with 
sand and corrosion, restricting free rotation. The FAA is proposing 
this AD to address sand contamination and corrosion of the elevator 
torque tube bearings, which could lead to binding or seizure of the 
bearings, and potentially lead to a reduction in or loss of airplane 
pitch control. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
     Bombardier Service Bulletin 700-1A11-27-041, Revision 1, 
dated December 7, 2020.
     Bombardier Service Bulletin 700-27-083, Revision 1, dated 
December 7, 2020.
     Bombardier Service Bulletin 700-27-5012, Revision 1, dated 
December 7, 2020.
     Bombardier Service Bulletin 700-27-5503, Revision 1, dated 
December 7, 2020.
     Bombardier Service Bulletin 700-27-6012, Revision 1, dated 
December 7, 2020.
     Bombardier Service Bulletin 700-27-6503, Revision 1, dated 
December 7, 2020.
    This service information describes procedures for repetitive 
general visual inspections of the left- and right-hand elevator torque 
tube bearings for any sand, dust, or corrosion; repetitive functional 
tests of the elevator control system; and corrective actions including 
replacement of the elevator torque tube bearings if necessary. These 
documents are distinct since they apply to different airplane models 
and 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 the FAA's 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. This proposed AD also 
would require sending the inspection results to Bombardier.

Costs of Compliance

    The FAA estimates that this proposed AD affects 392 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
             Labor cost                       Parts cost             Cost per product     Cost on U.S. operators
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22 work-hours x $85 per hour =       Up to $4 (for four cotter    Up to $1,874..........  Up to $734,608.
 $1,870.                              pins) **.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
 ** Parts cost include replacement parts where necessary.


[[Page 11182]]

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $33,320, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has 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
------------------------------------------------------------------------
5 work-hours x $85 per hour = $425  $271 (for four                  $696
                                     bearings).
------------------------------------------------------------------------

    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 operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the cost estimate.

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 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 proposed AD 
is 2120-0056. The paperwork cost associated with this proposed AD 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 proposed AD is mandatory. Comments concerning the 
accuracy of this burden and suggestions for reducing the burden should 
be directed to Information Collection Clearance Officer, Federal 
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

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, 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-2021-0093; Project Identifier MCAI-
2020-01213-T.

(a) Comments Due Date

    The FAA must receive comments by April 12, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-700-1A10 and 
BD-700-1A11 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by reports indicating that the left- and 
right-hand elevator torque tube bearings were contaminated with sand 
and corrosion, restricting free rotation. The FAA is issuing this AD 
to address sand contamination and corrosion of the elevator torque 
tube bearings, which could lead to binding or seizure of the 
bearings, and potentially lead to a reduction in or loss of airplane 
pitch control.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 36 months from the effective date of this AD or within 63 
months from the date of airplane manufacture, as identified on the 
identification plate of the airplane, whichever occurs later: Do a 
general visual inspection of the left- and right-hand elevator 
torque tube bearings for any sand, dust, or corrosion; perform a 
functional test of the elevator control system; and do all 
applicable corrective actions; in accordance with the Accomplishment 
Instructions of paragraphs 2.B., 2.C., and 2.D. of the applicable 
service information specified in figure 1 to paragraph (g) of this 
AD. Applicable corrective actions must be done before further 
flight. Repeat the general visual inspection and functional test 
thereafter at intervals not to exceed 63 months.

[[Page 11183]]

[GRAPHIC] [TIFF OMITTED] TP24FE21.002

(h) Reporting Requirement

    At the applicable time specified in paragraph (h)(1) or (2) of 
this AD, submit a report of all findings, positive and negative, of 
each of the first three inspections required by paragraph (g) of 
this AD. Submit the report to Bombardier, in accordance with the 
details specified in the applicable service information specified in 
figure 1 to paragraph (g) of this AD.
    (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) 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 the applicable service information in 
paragraphs (i)(1) through (6).
    (1) Bombardier Service Bulletin 700-1A11-27-041, dated July 23, 
2020.
    (2) Bombardier Service Bulletin 700-27-083, dated July 23, 2020.
    (3) Bombardier Service Bulletin 700-27-5012, dated July 23, 
2020.
    (4) Bombardier Service Bulletin 700-27-5503, dated July 23, 
2020.
    (5) Bombardier Service Bulletin 700-27-6012, dated July 23, 
2020.
    (6) Bombardier Service Bulletin 700-27-6503, dated July 23, 
2020.

(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 responsible Flight Standards 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 
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 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.
    (3) Reporting Requirements: 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 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, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-29, dated August 21, 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-2021-0093.
    (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 http://www.bombardier.com. You 
may view this service information at the FAA,

[[Page 11184]]

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 February 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03588 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P