[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Rules and Regulations]
[Pages 15733-15735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1223; Project Identifier MCAI-2022-00982-T; 
Amendment 39-22669; AD 2024-02-05]
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-700-1A10 and BD-700-1A11 airplanes. 
This 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 AD requires a 
revision to the existing maintenance or inspection program to require 
using a revised NDT procedure when performing an airworthiness 
limitation task. This AD also prohibits the use of earlier revisions of 
that NDT procedure. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 9, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 9, 
2024.

ADDRESSES: 
    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 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, 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. It is also available at 
regulations.gov under Docket No. FAA-2023-1223.

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 Bombardier, 
Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published 
in the Federal Register on July 5, 2023 (88 FR 42884). The NPRM was 
prompted by AD CF-2022-40, dated July 21, 2022, issued by Transport 
Canada, which is the aviation authority for Canada (referred to after 
this as the MCAI). 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.
    In the NPRM, the FAA proposed to require a revision to the existing 
maintenance or inspection program to require using a revised NDT 
procedure when performing a certain airworthiness limitation task. The 
FAA also proposed to prohibit the use of earlier revisions of that NDT 
procedure when performing that airworthiness limitation task. The FAA 
is issuing this AD to address undetected cracking. 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1223.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from NetJets. The following presents the 
comments received on the NPRM and the FAA's response to each comment.

Request To Clarify Affected Airplanes and Appropriate NDT Manuals

    NetJets requested that the proposed applicability be clarified if 
aircraft types G5500 and G6000 are affected, considering that the 
required actions in paragraphs (g) and (h) of the proposed AD reference 
a G5000 NDT manual only, but the serial numbers specified in paragraph 
(c) of the proposed AD include the G5500 and G6000 airplanes.
    Additionally, NetJets requested that paragraph (g) of the proposed 
AD be revised to remove reference to ``Revision 46'' because the G5500 
NDT manual is not at that revision level. NetJets noted that Transport 
Canada did not refer to a revision level to avoid alternative method of 
compliance (AMOC) requests.
    The FAA contacted Bombardier and confirmed the G5500 and G6000 
airplanes are included in the applicability as well as the G6000, G5000 
GVFD, Global Express, and Global XRS airplanes. Paragraph (c) of this 
AD specifies that the AD applies to Model BD-700-1A10 and BD-700-1A11 
airplanes, having serial numbers 9002 through 9879 inclusive, 9998, and 
60001 and subsequent; these serial numbers include airplanes with the 
marketing designations Global 5000, Global 5000 GVFD, Global 5500, 
Global 6000, Global 6500, Global Express, and Global Express XRS. The 
FAA also confirmed that operators cannot use the G5000 NDT manual for 
all airplanes as it is only applicable to the G5000 and would need to 
get an AMOC to comply with this AD as proposed. The FAA has revised 
paragraph (g) of this AD to reference the appropriate NDT manuals for 
all of the airplanes identified in the applicability, including the 
appropriate revision level of each manual. The FAA must include 
revision levels due to

[[Page 15734]]

Office of the Federal Register (OFR) regulations on citing material 
that must be used to comply with an AD and is incorporated by 
reference. The requirements and substantive contents of the required 
task in each NDT manual are the same and the cost to use each NDT 
manual is the same; therefore this revision does not create an 
additional burden on operators. The FAA has also revised paragraph (h) 
of this AD to remove the reference to specific NDT manuals.

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, considered the 
comments received, 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, and any other changes described previously, 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 the revised inspection procedures for NDT 
procedure ET-57-51-009, ``Special Detailed Inspection of the Inboard, 
Mid and Outboard Flap (Metallic) End Ribs,'' of Part 6-Eddy Current, of 
the following nondestructive testing manuals. These documents are 
distinct since they apply to different airplane configurations.
    (1) Bombardier Global 5000 Nondestructive Testing Manual, 
Publication No. BD-700 NDTM, Revision 46, dated August 16, 2022.
    (2) Bombardier Global 5000 Featuring Global Vision Flight Deck 
Nondestructive Testing Manual, Publication No. GL 5000 GVFD NDTM, 
Revision 34, dated August 16, 2022.
    (3) Bombardier Global 5500 Nondestructive Testing Manual, 
Publication No. GL 5500 NDTM, Revision 8, dated August 16, 2022.
    (4) Bombardier Global 6000 Nondestructive Testing Manual, 
Publication No. GL 6000 NDTM, Revision 34, dated August 16, 2022.
    (5) Bombardier Global 6500 Nondestructive Testing Manual, 
Publication No. GL 6500 NDTM, Revision 8, dated August 16, 2022.
    (6) Bombardier Global Express Nondestructive Testing Manual, 
Publication No. BD-700-NDTM, Revision 48, dated August 16, 2022.
    (7) Bombardier Global Express XRS Nondestructive Testing Manual, 
Publication No. BD-700 XRS NDTM, Revision 44, dated August 16, 2022.
    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 441 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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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

    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:

2024-02-05 Bombardier, Inc.: Amendment 39-22669; Docket No. FAA-
2023-1223; Project Identifier MCAI-2022-00982-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 9, 2024.

(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.

[[Page 15735]]

(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 the applicable Bombardier NDT manual specified in 
paragraphs (g)(1) through (7) of this AD when performing 
airworthiness limitation task number 57-51-00-109.
    (1) For Global 5000 airplanes: Bombardier Global 5000 
Nondestructive Testing Manual, Publication No. BD-700 NDTM, Revision 
46, dated August 16, 2022.
    (2) For Global 5000 GVFD airplanes: Bombardier Global 5000 
Featuring Global Vision Flight Deck Nondestructive Testing Manual, 
Publication No. GL 5000 GVFD NDTM, Revision 34, dated August 16, 
2022.
    (3) For Global 5500 airplanes: Bombardier Global 5500 
Nondestructive Testing Manual, Publication No. GL 5500 NDTM, 
Revision 8, dated August 16, 2022.
    (4) For Global 6000 airplanes: Bombardier Global 6000 
Nondestructive Testing Manual, Publication No. GL 6000 NDTM, 
Revision 34, dated August 16, 2022.
    (5) For Global 6500 airplanes: Bombardier Global 6500 
Nondestructive Testing Manual, Publication No. GL 6500 NDTM, 
Revision 8, dated August 16, 2022.
    (6) For Global Express airplanes: Bombardier Global Express 
Nondestructive Testing Manual, Publication No. BD-700-NDTM, Revision 
48, dated August 16, 2022.
    (7) For Global Express XRS airplanes: Bombardier Global Express 
XRS Nondestructive Testing Manual, Publication No. BD-700 XRS NDTM, 
Revision 44, dated August 16, 2022.

(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 any Bombardier Global NDT manual 
specified in paragraphs (h)(1) through (7) of this AD, dated May 6, 
2019, or earlier revisions when performing airworthiness limitation 
task number 57-51-00-109.
    (1) For Global 5000 airplanes: Bombardier Global 5000 
Nondestructive Testing Manual, Publication No. BD-700 NDTM.
    (2) For Global 5000 GVFD airplanes: Bombardier Global 5000 
Featuring Global Vision Flight Deck Nondestructive Testing Manual, 
Publication No. GL 5000 GVFD NDTM.
    (3) For Global 5500 airplanes: Bombardier Global 5500 
Nondestructive Testing Manual, Publication No. GL 5500 NDTM.
    (4) For Global 6000 airplanes: Bombardier Global 6000 
Nondestructive Testing Manual, Publication No. GL 6000 NDTM.
    (5) For Global 6500 airplanes: Bombardier Global 6500 
Nondestructive Testing Manual, Publication No. GL 6500 NDTM.
    (6) For Global Express airplanes: Bombardier Global Express 
Nondestructive Testing Manual, Publication No. BD-700-NDTM.
    (7) For Global Express XRS airplanes: Bombardier Global Express 
XRS Nondestructive Testing Manual, Publication No. BD-700 XRS NDTM.

(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) 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 Featuring Global Vision 
Flight Deck Nondestructive Testing Manual, Publication No. GL 5000 
GVFD NDTM, Revision 34, dated August 16, 2022.
    (iii) 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 5500 Nondestructive Testing 
Manual, Publication No. GL 5500 NDTM, Revision 8, dated August 16, 
2022.
    (iv) 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 6000 Nondestructive Testing 
Manual, Publication No. GL 6000 NDTM, Revision 34, dated August 16, 
2022.
    (v) 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 6500 Nondestructive Testing Manual, 
Publication No. GL 6500 NDTM, Revision 8, dated August 16, 2022.
    (vi) 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 Express Nondestructive Testing 
Manual, Publication No. BD-700-NDTM, Revision 48, dated August 16, 
2022.
    (vii) 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 Express XRS Nondestructive 
Testing Manual, Publication No. BD-700 XRS NDTM, Revision 44, dated 
August 16, 2022.
    (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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04556 Filed 3-4-24; 8:45 am]
BILLING CODE 4910-13-P