[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Rules and Regulations]
[Pages 13309-13311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04256]



[[Page 13309]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1646; Project Identifier MCAI-2022-01135-T; 
Amendment 39-22348; AD 2023-04-01]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was 
prompted by report that the passenger door functional test engineering 
requirements (FTERs) were not fully accomplished on several airplanes. 
This AD requires measuring the passenger door steps, passenger door 
gaps, and passenger door stops rigging, and re-adjusting the door if 
necessary. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective April 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 7, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1646; 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.

Material Incorporated by Reference:

     For service information identified in this final rule, 
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 material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2022-1646.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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-700-2A12 airplanes. The NPRM published in the Federal 
Register on December 16, 2022 (87 FR 77040). The NPRM was prompted by 
AD CF-2022-48, dated August 18, 2022, issued by Transport Canada, which 
is the aviation authority for Canada (Transport Canada AD CF-2022-48) 
(also referred to as the MCAI). The MCAI states that non-conformities 
have been reported involving the passenger door FTERs. It has been 
found that the FTER was not fully accomplished on several airplanes 
with the assembled airplane in the weight-on-wheel condition, which 
could affect the rigging of the passenger door. Door mis-rigging could 
result in higher loads on the passenger door stops that could initiate 
cracks before the intended design service goal, and an in-flight 
opening of the passenger door
    In the NPRM, the FAA proposed to require measuring the passenger 
door steps, passenger door gaps, and passenger door stops rigging, and 
re-adjusting the door if necessary. The FAA is issuing this AD to 
address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1646.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-52-7511, dated 
July 22, 2022. This service information specifies procedures for 
measuring the passenger door steps and gaps, rigging of the passenger 
door stops, and corrective actions if the measurements are not within 
the specified limits. This material 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 29 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 4 work-hours x $85 per hour = $340......              $0            $340  Up to $9,860.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

[[Page 13310]]



                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 30 work-hours x $85 per hour              $0  Up to $3,400.
 = $3,400.
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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:

2023-04-01 Bombardier, Inc.: Amendment 39-22348; Docket No. FAA-
2022-1646; Project Identifier MCAI-2022-01135-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 7, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12 
airplanes, certificated in any category, serial numbers 70006 
through 70061 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that the passenger door 
functional test engineering requirements (FTERs) were not fully 
accomplished on several airplanes. The FAA is issuing this AD to 
ensure that the passenger door is properly rigged. The unsafe 
condition, if not addressed, could result in higher loads on the 
passenger door stops that could initiate cracks before the intended 
design service goal, and an in-flight opening of the passenger door.

(f) Compliance

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

(g) Requirements

    Within 72 months after the effective date of this AD, measure 
the passenger door steps and gap values on each lateral side of the 
door at 8 points, and on the lower and upper sides of the door at 4 
points, in accordance with Part A of the Accomplishment Instructions 
of Bombardier Service Bulletin 700-52-7511, dated July 22, 2022. 
Then accomplish the actions specified by paragraph (g)(1) or (2) of 
this AD, as applicable.
    (1) If any measurement is not within the specified limits, 
before further flight, re-adjust the passenger door steps and gaps 
to obtain the acceptable (necessary) values in accordance with Part 
B of the Accomplishment Instructions of Bombardier Service Bulletin 
700-52-7511, dated July 22, 2022.
    (2) If all of the measurements are within the specified limits, 
before further flight, with the door in the closed position, measure 
the passenger door stops gaps in accordance with Part C of the 
Accomplishment Instructions of Bombardier Service Bulletin 700-52-
7511, dated July 22, 2022. If any passenger door stops gaps 
measurement is not within the specified limits, before further 
flight, re-adjust the passenger door stops to obtain the acceptable 
(necessary) values in accordance with Part D of the Accomplishment 
Instructions of Bombardier Service Bulletin 700-52-7511, dated July 
22, 2022.

(h) No Reporting Requirement

    Although Bombardier Service Bulletin 700-52-7511, dated July 22, 
2022, specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(i) 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 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 Organization Approval (DOA). If approved by the DOA, 
the approval must include the DOA-authorized signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-48, dated August 18, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-1646.

[[Page 13311]]

    (2) For more information about this AD, contact Gabriel Kim, 
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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 700-52-7511, dated July 22, 
2022.
    (ii) [Reserved]
    (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 material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (5) You may view this material 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 February 14, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04256 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-13-P