[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71464-71466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22871]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1493; Project Identifier MCAI-2022-01105-T; 
Amendment 39-22569; AD 2023-20-10]
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 a report that some of the multi-function spoiler (MFS) 
anti-rotation plates failed in-service due to a thin wall design. This 
AD requires replacing the MFS anti-rotation plates, inspecting the MFS 
anti-rotation plates for cracking and hinge bolts for evidence of 
rotation, accomplishing applicable corrective actions, and performing a 
functional test of the MFS control surfaces. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective November 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 21, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1493; 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-2023-1493.

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:

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 serial-numbered 
Bombardier, Inc., Model BD-700-2A12 airplanes. The NPRM published in 
the Federal Register on July 14, 2023 (88 FR 45121). The NPRM was 
prompted by AD CF-2022-47R1, dated October 11, 2022, issued by 
Transport Canada, which is the aviation authority for Canada (referred 
to after this as ``the MCAI''). The MCAI states that a report was 
received that some of the MFS anti-rotation plates failed in-service 
due to a thin wall design. The MFS anti-rotation plates were designed 
with overlapping tolerances on the inside and outside diameters, which 
allows for an extremely thin wall thickness once machined.
    In the NPRM, the FAA proposed to require replacing the MFS anti-
rotation plates, inspecting the MFS anti-rotation plates for cracking 
and hinge bolts for evidence of rotation, accomplishing applicable 
corrective actions, and performing a functional test of the MFS control 
surfaces. The FAA is issuing this AD to address MFS anti-rotation plate 
failures. The unsafe condition, if not addressed, could result in wear 
and failure of the inboard and outboard spoiler hinge pins, possibly 
resulting in a hinge no longer supporting the load, or unintended 
asymmetrical spoiler deployment, leading to reduced controllability of 
the airplane, or loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1493.

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

[[Page 71465]]

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. This AD is adopted as proposed in the 
NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-27-7504, Revision 
01, dated July 11, 2022. This service information specifies procedures 
for replacing the left and right MFS No. 1, MFS No. 2, and MFS No. 3 
anti-rotation plate part number (P/N) G05770140-103 and P/N G05770160-
101 with P/N G05770140-105. In addition, one of the procedural steps is 
to inspect the MFS anti-rotation plates for cracking and the hinge bolt 
for any evidence of rotation, and repair or replacement. This service 
information also specifies procedures for performing a functional test 
(stop-to-stop check) of the MFS control-surfaces.
    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 affects 42 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product          perators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................          $2,000           $2,255          $94,710
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs or replacements specified in 
this AD.
    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:

2023-20-10 Bombardier, Inc.: Amendment 39-22569; Docket No. FAA-
2023-1493; Project Identifier MCAI-2022-01105-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 21, 
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 70129 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code: 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by a report that some of the multi-function 
spoiler (MFS) anti-rotation plates failed in-service due to a thin 
wall design. The FAA is issuing this AD to address MFS anti-rotation 
plate failures. The unsafe condition, if not addressed, could result 
in wear and failure of the inboard and outboard spoiler hinge pins, 
possibly resulting in a hinge no longer supporting the load, or 
unintended asymmetrical spoiler deployment, leading to reduced 
controllability of the airplane, or loss of control of the airplane.

(f) Compliance

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

(g) Replacement and Inspection

    (1) Within 36 months after the effective date of this AD, 
replace the left and right MFS No. 1, MFS No. 2, and MFS No. 3 anti-
rotation plate part number (P/N) G05770140-103 and P/N G05770160-101 
with P/N G05770140-105, including inspecting the MFS anti-rotation 
plates for any cracking and the hinge bolts for any evidence of 
rotation, in accordance with Part 2.B. of the Accomplishment 
Instructions of Bombardier Service Bulletin 700-27-7504, Revision 
01, dated July 11, 2022. If any cracking or evidence of rotation is 
found, before further flight, repair using a method approved in 
accordance with the procedures specified in paragraph (i)(1) of this 
AD.
    (2) Before further flight after accomplishing the actions 
specified in paragraph (g)(1) of this AD: Perform a functional test 
(stop-to-

[[Page 71466]]

stop check) of the MFS control-surfaces in accordance with Step 2.C. 
(3) of the Accomplishment Instructions of Bombardier Service 
Bulletin 700-27-7504, Revision 01, dated July 11, 2022.

(h) 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 Bombardier Service Bulletin 700-27-7504, dated 
March 2, 2022.

(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 manager of the 
International Validation Branch, mail it to the address 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-2022-47R1, dated October 11, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1493.
    (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].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

(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 700-27-7504, Revision 01, dated 
July 11, 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 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 October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22871 Filed 10-16-23; 8:45 am]
BILLING CODE 4910-13-P