[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Proposed Rules]
[Pages 17748-17751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05917]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0439; Project Identifier MCAI-2022-01263-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 a report that a design deficiency was
discovered which could allow a no-back pawl to be incorrectly installed
in a horizontal stabilizer trim actuator (HSTA). This proposed AD would
require a check for part number and serial numbers of the HSTA, and if
necessary, inspection of the no-back pawl installation, and corrective
action. This proposed AD would also prohibit the installation of
affected parts. 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 May 8,
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-2023-0439; 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: 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:
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-2023-0439; Project Identifier
MCAI-2022-01263-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
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
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]. 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, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-55, dated September 21, 2022
(Transport Canada AD CF-2022-55) (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 during an unscheduled
inspection, a design deficiency was discovered which could allow a no-
back pawl to be incorrectly installed in a HSTA. The no-back mechanism
is a primary means to prevent back driving of the HSTA, and the motor
brake assemblies (MBAs) are the secondary means. If this condition is
[[Page 17749]]
not corrected, a non-functioning no-back mechanism in combination with
loss of, or degraded HSTA MBA braking capability, could lead to a loss
of control of the airplane. The MCAI also states that as a mitigating
action, Transport Canada AD CF-2019-23, dated June 18, 2019, was issued
to mandate a software upgrade for the horizontal stabilizer trim
electronic control unit to verify the MBA for braking capability during
the power up test on certain Bombardier, Inc., Model BD-100-1A10
airplanes. Transport Canada AD CF-2019-23 corresponds to FAA AD 2019-
15-04, Amendment 39-19697 (84 FR 38862, August 8, 2019) (AD 2019-15-
04).
The FAA is proposing 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-2023-0439.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletins 100-27-20 and 350-27-
009, both Revision 1, both dated December 1, 2020. This service
information specifies procedures for a check for part number and serial
numbers of the HSTA, and if necessary, inspection of the no-back pawl
installation and corrective action. Corrective actions include
replacement of the HSTA, and a re-identification and test of the HSTA.
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. This proposed AD would
also prohibit the installation of affected parts.
Regarding the corrective action for certain HSTAs, as specified in
Bombardier Service Bulletins 100-27-20 and 350-27-009, both Revision 1,
both dated December 1, 2020, rework of the HSTA is required by the
manufacturer, since this manufacturer is the only producer of the
affected part.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 703 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 on U.S.
Labor cost Parts cost Cost per product operators
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Up to 2 work-hours x $85 per hour = $170 None...................... Up to $170................ $119,510
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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:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 25 work-hours x $85 per hour $2,905 Up to $5,030.
= $2,125.
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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 individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
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.
[[Page 17750]]
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-2023-0439; Project Identifier MCAI-
2022-01263-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 8, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, having serial number 20003
and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by a report that a design deficiency was
discovered which could allow a no-back pawl to be incorrectly
installed in a horizontal stabilizer trim actuator (HSTA). The FAA
is issuing this AD to address incorrectly installed no-back pawls.
The unsafe condition, if not addressed, could result in a non-
functioning no-back mechanism, which, in combination with loss of or
degraded HSTA motor brake assembly (MBA) braking capability, could
lead to a loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Records Check and Corrective Actions
Within 60 months after the effective date of this AD, check the
airplane maintenance records or do a visual check to determine the
part and serial numbers of the HSTA.
(1) If the part number is C47100-005: No further action is
required by this paragraph.
(2) If the part number is C47100-004 and the serial number ends
with the suffix--K: No further action is required by this paragraph.
(3) If the serial number is listed in the table referred to in
paragraph 2.B.(4) of the Accomplishment Instructions of the
applicable Bombardier service bulletin identified in figure 1 to
paragraph (g)(3) of this AD: Within 60 months from the effective
date of this AD, inspect the HSTA no-back mechanism pawls in
accordance with paragraph 2.C. of the Accomplishment Instructions of
the applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD.
Figure 1 to paragraph (g)(3)--Applicable service information
[GRAPHIC] [TIFF OMITTED] TP24MR23.002
(i) If one or more pawls are not correctly installed: Before
further flight, replace the HSTA in accordance with paragraph 2.E.
of the Accomplishment Instructions of the applicable service
bulletin identified in figure 1 to paragraph (g)(3) of this AD.
(ii) If all the pawls are correctly installed, re-identify and
test the HSTA, and do all applicable corrective actions, in
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment
Instructions of the applicable service bulletin identified in figure
1 to paragraph (g)(3) of this AD.
(4) If the serial number is listed in the table referred to in
paragraph 2.B.(5) of the Accomplishment Instructions of the
applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD: Within 60 months from the effective date of this
AD, add a modification plate to the HSTA in accordance with
paragraph 2.D. of the Accomplishment Instructions of the applicable
service bulletin identified in figure 1 to paragraph (g)(3) of this
AD.
(5) If the records check is inconclusive, or if a visual check
instead of a records check of the HSTA was accomplished: Within 60
months from the effective date of this AD, verify the part and
serial numbers of the HSTA, and verify the modification plate, in
accordance with paragraph 2.B. of the Accomplishment Instructions of
the applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD.
(i) If the HSTA has P/N C47100-005: No further action is
required by this paragraph.
(ii) If the HSTA has P/N C47100-004 and a serial number that
ends with the suffix--K, or if the modification plate contains ``SB
C47100-27-02'' or ``SB C47100-27-03'': No further action is required
by this paragraph.
(iii) If the serial number is listed in the table referred to in
paragraph 2.B.(4) of the Accomplishment Instructions of the
applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD: Within 60 months from the effective date of this
AD, inspect the HSTA no-back mechanism pawls in accordance with
paragraph 2.C. of the Accomplishment Instructions of the applicable
service bulletin identified in figure 1 to paragraph (g)(3) of this
AD.
(A) If one or more pawls are not correctly installed, before
further flight, before further flight, replace the HSTA in
accordance with Paragraph 2.E. of the Accomplishment Instructions of
the applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD.
(B) If all the pawls are correctly installed, re-identify and
test the HSTA, and do all applicable corrective actions, in
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment
Instructions of the applicable service bulletin identified in figure
1 to paragraph (g)(3) of this AD.
(iv) If the serial number is listed in the table referred to in
paragraph 2.B.(5) of the Accomplishment Instructions of the
applicable service bulletin identified in figure 1 to paragraph
(g)(3) of this AD: Within 60 months from the effective date of this
AD, add a modification plate to the HSTA in accordance with
paragraph 2.D. of the Accomplishment Instructions of the applicable
service bulletin identified in figure 1 to paragraph (g)(3) of this
AD.
(h) Parts Installation Prohibition
As of the effective date of this AD, no person may install a
part identified in paragraph (h)(1) or (2) of this AD.
(1) An HSTA with P/N C47100-003 or P/N C47100-004 that does not
have the suffix--K following the serial number.
(2) An HSTA with a modification plate showing ``SB C47100-27-
02'' or ``SB C47100-27-03.''
(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 identified
in paragraphs (i)(1) and (2) of this AD.
[[Page 17751]]
(1) Bombardier Service Bulletin 100-27-20, dated November 9,
2020.
(2) Bombardier Service Bulletin 350-27-009, dated November 9,
2020.
(j) 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 (k)(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 or Bombardier, Inc.'s Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.
(k) Additional Information
(1) Refer to Transport Canada AD CF-2022-55, dated September 21,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0439.
(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].
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.
(l) 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 100-27-20, Revision 01, dated
December 1, 2020.
(ii) Bombardier Service Bulletin 350-27-009, Revision 01, dated
December 1, 2020.
(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 March 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05917 Filed 3-23-23; 8:45 am]
BILLING CODE 4910-13-P