[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48718-48720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16010]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0935; Project Identifier MCAI-2022-01311-T; 
Amendment 39-22491; AD 2023-13-06]
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 all 
Bombardier, Inc., Model BD-100-1A10 airplanes. This 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 AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective September 1, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 1, 
2023.

ADDRESSES: 
    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 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 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. It is also available at 
regulations.gov under Docket No. FAA-2023-0935.

FOR FURTHER INFORMATION CONTACT: Gabriel D. Kim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7343; 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 all Bombardier, Inc., 
Model BD-100-1A10 airplanes. The NPRM published in the Federal Register 
on April 25, 2023 (88 FR 24924). The NPRM was prompted by AD CF-2022-
57, dated October 5, 2022, issued by Transport Canada, which is the 
aviation authority for Canada (referred to after this as the MCAI). 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 
were 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.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA is issuing 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.

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 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD, would affect 716 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the maintenance or inspection 
program 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

[[Page 48719]]

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

    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:

2023-13-06 Bombardier, Inc.: Amendment 39-22491; Docket No. FAA-
2023-0935; Project Identifier MCAI-2022-01311-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 1, 
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, 
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 manager of the 
certification office, send it to ATTN: Manager, FAA, International 
Validation 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, 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-2022-57, dated October 5, 
2022, for related information. This Transport Canada AD 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, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7343; 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 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 Bombardier 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.

[[Page 48720]]

    (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 July 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16010 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-13-P