[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Proposed Rules]
[Pages 42884-42886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14076]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88, No. 127 / Wednesday, July 5, 2023 / 
Proposed Rules  

[[Page 42884]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1223; Project Identifier MCAI-2022-00982-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 certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by a determination that a 
certain nondestructive test (NDT) procedure associated with a certain 
airworthiness limitation for inspecting the inboard, mid, and outboard 
flap metallic end ribs does not contain all of the necessary 
instructions. This proposed AD would require a revision to the existing 
maintenance or inspection program to require using a revised NDT 
procedure when performing an airworthiness limitation task. This 
proposed AD would also prohibit the use of earlier revisions of that 
NDT procedure. 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 August 21, 
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-2023-1223; 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, Inc., 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; internet: 
bombardier.com.
     You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer, 
FAA, 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-2023-1223; Project Identifier 
MCAI-2022-00982-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 Yaser 
Osman, Aviation Safety Engineer, FAA, 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-2022-40, dated July 21, 2022 (Transport 
Canada AD CF-2022-40) (also referred to after this as the MCAI), to 
correct an unsafe condition for certain Bombardier, Inc., Model BD-700-
1A10, and BD-700-1A11 airplanes. The MCAI states that Bombardier 
determined that non-destructive testing manual (NDTM) procedure ET-57-
51-009, dated May 6, 2019, or earlier, did not contain all of the 
necessary instructions to perform the inspections of the inboard, mid, 
and outboard flap metallic end ribs in associated airworthiness 
limitation task number 57-51-00-109. If those inspections are not fully 
completed, there is a potential for undetected cracks in the inspection 
area; which can result in structural failure of the flap.
    The FAA is proposing this AD to address undetected cracking. The 
unsafe condition, if not addressed, could result in structural failure 
of the flap, which

[[Page 42885]]

could result in possible reduced structural integrity of the airplane. 
You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1223.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed procedure ET-57-51-009. ``Special Detailed 
Inspection of the Inboard, Mid and Outboard Flap (Metallic) End Ribs, 
of Part 6--Eddy Current, of Bombardier Global 5000 Nondestructive 
Testing Manual, Publication No. BD-700 NDTM, Revision 46, dated August 
16, 2022. This service information specifies revised inspection 
procedures for NDT procedure ET-57-51-009.
    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 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, 
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 a revision to the existing 
maintenance or inspection program to require using a revised NDT 
procedure when performing a certain airworthiness limitation task. This 
proposed AD would also prohibit the use of earlier revisions of that 
NDT procedure when performing that airworthiness limitation task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 441 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $37,485
----------------------------------------------------------------------------------------------------------------

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-2023-1223; Project Identifier MCAI-
2022-00982-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 21, 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, having serial 
numbers 9002 through 9879 inclusive, 9998, and 60001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code: 57, Wings.

(e) Reason

    This AD was prompted by a determination that a certain 
nondestructive test (NDT) procedure associated with a certain 
airworthiness limitation for inspecting for cracks at the inboard, 
mid, and outboard flap metallic end ribs does not contain all of the 
necessary instructions. The FAA is issuing this AD to address 
undetected cracks. The unsafe condition, if not addressed, could 
result in structural failure of the flap, which could result in 
possible reduced structural integrity of the airplane.

(f) Compliance

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

(g) Maintenance Procedure Limitation

    As of 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to use 
procedure ET-57-51-009. ``Special Detailed Inspection of the 
Inboard, Mid and Outboard Flap (Metallic) End Ribs, of Part 6--Eddy 
Current, of Bombardier Global 5000 Nondestructive Testing Manual, 
Publication No. BD-700 NDTM, Revision 46, dated August 16, 2022, 
when performing

[[Page 42886]]

airworthiness limitation task number 57-51-00-109.

(h) Maintenance Procedure Prohibition

    As of 90 days after the effective date of this AD, it is 
prohibited to use procedure ET-57-51-009. ``Special Detailed 
Inspection of the Inboard, Mid and Outboard Flap (Metallic) End 
Ribs, of Part 6--Eddy Current, of Bombardier Global 5000 
Nondestructive Testing Manual, Publication No. BD-700 NDTM, dated 
May 6, 2019, or earlier revisions when performing airworthiness 
limitation task number 57-51-00-109.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j)(2) of this AD. Information may be emailed to: [email protected]. 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, International 
Validation 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-2022-40, dated July 21, 
2022, for related information. This Transport Canada may be found in 
the AD docket at regulations.gov under Docket No. FAA-2023-1223.
    (2) For more information about this AD, contact Yaser Osman, 
Aviation Safety Engineer, FAA, 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.
    (i) Procedure ET-57-51-009. ``Special Detailed Inspection of the 
Inboard, Mid and Outboard Flap (Metallic) End Ribs, of Part 6--Eddy 
Current, of Bombardier Global 5000 Nondestructive Testing Manual, 
Publication No. BD-700 NDTM, Revision 46, dated August 16, 2022.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 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; internet: 
bombardier.com.
    (4) You may view this service information 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 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 June 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14076 Filed 7-3-23; 8:45 am]
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