[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Proposed Rules]
[Pages 24924-24927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08574]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0935; Project Identifier MCAI-2022-01311-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD
was prompted by an in-service event where the nose gear door amber
caution message displayed on the crew alerting system during the
initial climb after gear retraction. This proposed AD would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. 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 June 9,
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.
[[Page 24925]]
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0935; 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: Gabriel D. 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:
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-2023-0935; Project Identifier
MCAI-2022-01311-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
Gabriel D. 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]. 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-2022-57, dated October 5, 2022 (Transport
Canada AD CF-2022-57) (also referred to after this as the MCAI), to
correct an unsafe condition for all Bombardier, Inc., Model BD-100-1A10
airplanes. The MCAI states an in-service event occurred where the nose
gear door amber caution message displayed on the crew alerting system
during the initial climb after gear retraction. After landing, an
inspection found that one of the nose landing gear (NLG) door hinge
fitting assemblies was broken. The absence of an inspection to detect
cracks in the fillet radii of the NLG door hinge fitting could result
in door misalignment with the airplane.
The FAA is proposing this AD to address cracked fillet radii of NLG
door hinge fittings. The unsafe condition, if not addressed, could
result in a NLG door misalignment, which could increase the drag and
yawing movement during flight, could cause jamming of the door
affecting the ability to extend or retract the NLG, or could
potentially result in the NLG door detaching from the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0935.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Challenger 300 BD-100 Time Limits/
Maintenance Checks Temporary Revision (TR) TR5-2-101, dated June 30,
2022; and (Bombardier) Challenger 350 BD-100 Time Limits/Maintenance
Checks Temporary Revision TR5-2-30, dated June 30, 2022. This service
information specifies new or more restrictive airworthiness limitations
for the NLG door hinge fittings fillet radii. These documents are
distinct because 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 ADDRESSES.
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 revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 716 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the maintenance or inspection
program
[[Page 24926]]
takes an average of 90 work-hours per operator, although the agency
recognizes that this number may vary from operator to operator. Since
operators incorporate maintenance or inspection program changes for
their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
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-2023-0935; Project Identifier MCAI-
2022-01311-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 9, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks; 32, Landing Gear.
(e) Reason
This AD was prompted by an in-service event that occurred where
the nose gear door amber caution message displayed on the crew
alerting system during the initial climb after gear retraction. The
FAA is issuing this AD to address cracked fillet radii of the nose
landing gear (NLG) door hinge fittings. The unsafe condition, if not
addressed, could result in a NLG door misalignment, which could
increase the drag and yawing movement during flight, could cause
jamming of the door affecting the ability to extend or retract the
NLG, or could potentially result in the NLG door detaching from the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance and inspection program, as applicable, to
incorporate the information specified in Bombardier Challenger 300
BD-100 Time Limits/Maintenance Checks Temporary Revision (TR) TR5-2-
101, dated June 30, 2022; or (Bombardier) Challenger 350 BD-100 Time
Limits/Maintenance Checks TR TR5-2-30, dated June 30, 2022; as
applicable. The initial compliance time for doing the tasks is at
the time specified in Bombardier Challenger 300 BD-100 Time Limits/
Maintenance Checks Temporary Revision (TR) TR5-2-101, dated June 30,
2022; or (Bombardier) Challenger 350 BD-100 Time Limits/Maintenance
Checks TR TR5-2-30, dated June 30, 2022; as applicable, or within 60
days after the effective date of this AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used unless the
actions and intervals, are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2022-57, dated October 5,
2022, for related information. This Transport Canada may be found in
the AD docket at regulations.gov under Docket No. FAA-2023-0935.
(2) For more information about this AD, contact Gabriel D. 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 (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.
[[Page 24927]]
(i) Bombardier Challenger 300 BD-100 Time Limits/Maintenance
Checks Temporary Revision (TR) TR5-2-101, dated June 30, 2022.
(ii) (Bombardier) Challenger 350 BD-100 Time Limits/Maintenance
Checks Temporary Revision TR5-2-30, dated June 30, 2022.
(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 April 18, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08574 Filed 4-24-23; 8:45 am]
BILLING CODE 4910-13-P