[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Proposed Rules]
[Pages 69225-69228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1480; Project Identifier MCAI-2022-00548-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 certain Bombardier, Inc., Model BD-100-1A10 airplanes. This 
proposed AD was prompted by reports of cracks found in the tailcone 
upper firewall where the auxiliary power unit (APU) muffler electrical 
bonding strap is attached. This proposed AD would require a detailed 
visual inspection of the tailcone upper firewall for defects, rework by 
replacement of the APU electrical bonding strap, and repair 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 January 3, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1480; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website 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.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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-2022-1480; Project Identifier 
MCAI-2022-00548-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

[[Page 69226]]

following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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 Yaser 
Osman, Aerospace Engineer, Airframe and Propulsion Section, FAA, New 
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; 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-2022-19, dated April 19, 
2022 (TCCA AD CF-2022-19) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Bombardier, Inc., Model BD-100-
1A10 airplanes. The MCAI states that cracks were found in the tailcone 
upper firewall where the APU muffler electrical bonding strap is 
attached. Crack initiation is related to the rigid electrical bonding 
strap. A crack in this area, if not addressed, could result in a breach 
of the firewall, which could allow a fire to propagate; reduced 
lightning strike protection, which could affect the airplane's 
grounding and potentially cause a fire; and increased radio 
interference during flight, which could reduce the ability of the 
flightcrew to maintain the safe flight and landing of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1480.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 100-53-35, dated 
December 6, 2021; and Service Bulletin 350-53-004, dated December 6, 
2021. This service information specifies procedures for doing a 
detailed visual inspection of the tailcone upper firewall for defects 
including cracking, reworking the APU electrical bonding strap by 
replacing it with a new flexible APU muffler jumper cable assembly, and 
repairing the tailcone upper firewall. 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 the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information described above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 691 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.............................             $36             $121          $83,611
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required action. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
24 work-hours x $85 per hour = $2,040.            * $0           $2,040
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost
  estimates for the parts specified in this proposed AD.

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

[[Page 69227]]

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-2022-1480; Project Identifier MCAI-
2022-00548-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2023.

(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 20916 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found in the tailcone 
upper firewall where the auxiliary power unit (APU) muffler 
electrical bonding strap is attached. The FAA is issuing this AD to 
address cracking in the tailcone upper firewall. The unsafe 
condition, if not addressed, could result in a breach of the 
firewall, which could allow a fire to propagate; reduced lightning 
strike protection, which could affect the airplane's grounding and 
potentially cause a fire; and increased radio interference during 
flight, which could reduce the ability of the flightcrew to maintain 
the safe flight and landing of the airplane.

(f) Compliance

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

(g) Inspection, Replacement, and Corrective Actions

    Within 48 months after the effective date of this AD: Do a 
detailed visual inspection of the tailcone upper firewall for 
defects including cracking, rework the APU electrical bonding strap 
by replacing with a new flexible APU muffler jumper cable assembly, 
and repair the tail cone upper firewall, as applicable, in 
accordance with paragraphs 2.B., 2.C., and 2.D., of the 
Accomplishment Instructions of the applicable service information 
specified in figure 1 to paragraph (g) of this AD. Do all applicable 
repairs before further flight.
[GRAPHIC] [TIFF OMITTED] TP18NO22.707

(h) Additional 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 New York ACO 
Branch, mail it to ATTN: Program Manager, Continuing Operational 
Safety, at the address identified in paragraph (i)(2) of this AD or 
email to: [email protected]. If mailing information, also 
submit information by email. 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.

(i) Additional Information

    (1) Refer to TCCA AD CF-2022-19, dated April 19, 2022, for 
related information. This TCCA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-1480.
    (2) For more information about this AD, contact Yaser Osman, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].
    (3) For service information identified in this AD that is not 
incorporated by reference, contact Bombardier Business Aircraft 
Customer Response Center, 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-2999; email 
bombardier.com">ac.yul@aero.bombardier.com; website 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.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 69228]]

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 100-53-35, dated December 6, 
2021.
    (ii) Bombardier Service Bulletin 350-53-004, dated December 6, 
2021.
    (3) For service information identified in this AD, contact 
Bombardier Business Aircraft Customer Response Center, 400 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website 
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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25113 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-13-P