[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Rules and Regulations]
[Pages 75462-75464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26649]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0995; Project Identifier MCAI-2021-01365-T; 
Amendment 39-22269; AD 2022-25-13]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. 
This AD was prompted by reports of the passenger door failing to dampen 
during opening at regularly scheduled maintenance checks, causing the 
door to open more rapidly than normal. An investigation found that a 
contributing factor was erroneous aircraft maintenance manual (AMM) 
procedures. This AD prohibits using certain versions of certain AMM 
tasks for the passenger door. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 13, 2023.

ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov 
under Docket No. FAA-2022-0995; 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, the mandatory 
continuing airworthiness information (MCAI), 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: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 and BD-700-1A11 airplanes. The NPRM published 
in the Federal Register on August 12, 2022 (87 FR 49799). The NPRM was 
prompted by AD CF-2021-41, dated November 24, 2021, issued by Transport 
Canada, which is the aviation authority for Canada (referred to after 
this as the MCAI). The MCAI states that there have been reports of the 
passenger door failing to dampen during opening at regularly scheduled 
maintenance checks, causing the door to open more rapidly than normal. 
An investigation found that a contributing factor was erroneous AMM 
procedures.
    In the NPRM, the FAA proposed to prohibit using certain versions of 
certain AMM tasks for the passenger door. The FAA is issuing this AD to 
prevent rapid opening of the passenger door, which can result in damage 
to the door and consequent injury to maintenance personnel.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0995.

[[Page 75463]]

Discussion of Final Airworthiness Directive Comments

    The FAA received one comment from an individual. The following 
presents the comment received on the NPRM and the FAA's response.

Request for Earlier Date of Compliance

    The commenter asked that the compliance time in the proposed AD be 
changed to state that within 30 days, check to confirm that all the 
tasks in figure 1 to paragraph (g) of this AD were not issued prior to 
May 19, 2021, and make a logbook entry accordingly. The commenter 
stated that the current compliance method seems rather odd. The 
commenter asked if the compliance method means waiting until one of the 
tasks in figure 1 is accomplished, and then making an aircraft logbook 
entry that the task was not issued prior to May 19, 2021.
    The FAA agrees to clarify. The AMM tasks related to passenger door 
maintenance have been corrected, and only versions of these tasks dated 
May 19, 2021, or later have the correct procedures. Therefore, this AD 
requires that maintenance tasks identified in figure 1 to paragraph (g) 
of this AD must be done using versions issued on or after May 19, 2021. 
This requirement remains in effect following the compliance time (30 
days after the effective date of this AD), and compliance must be shown 
for each occurrence. The FAA has not changed this AD in this regard.

Conclusion

    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 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Costs of Compliance

    The FAA estimates that this AD affects 408 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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................................              $0             $85         $34,680
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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.

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:

2022-25-13 Bombardier Inc.: Amendment 39-22269; Docket No. FAA-2022-
0995; Project Identifier MCAI-2021-01365-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers (S/
Ns) 9002 through 9998 inclusive, and S/Ns 60001 through 60045 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of the passenger door failing to 
dampen during opening at regularly scheduled maintenance checks, 
causing the door to open more rapidly than normal. An investigation 
found that a contributing factor was erroneous aircraft maintenance 
manual (AMM) procedures. The FAA is issuing this AD to prevent rapid 
opening of the passenger door, which can result in damage to the 
door and consequent injury to maintenance personnel.

(f) Compliance

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

(g) Maintenance or Inspection Program Task Restrictions

    As of 30 days after the effective date of this AD, when 
performing the maintenance tasks identified in figure 1 to paragraph 
(g) of this AD, do not use any version of any task identified in 
figure 1 to paragraph (g) of this AD that was issued prior to May 
19, 2021.

Figure 1 to paragraph (g)--AMM Tasks

[[Page 75464]]

[GRAPHIC] [TIFF OMITTED] TR09DE22.132

(h) 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. 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; or Bombardier, Inc.'s Transport 
Canada Design Approval Organization (DAO). If approved by the DAO, 
the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to Transport Canada AD CF-2021-41, dated November 24, 
2021; for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-0995.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(j) Material Incorporated by Reference

    None.

    Issued on November 30, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26649 Filed 12-8-22; 8:45 am]
BILLING CODE 4910-13-P