[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Proposed Rules]
[Pages 44933-44935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10965]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1468; Project Identifier MCAI-2023-00975-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This 
proposed AD was prompted by reports that the pivot door pressure seals 
on the thrust reverser fixed structure were found disbonded or missing 
on several airplanes. This proposed AD would require inspecting the 
pivot door pressure seals and accomplishing applicable corrective 
actions. This proposed AD would also require a functional test of the 
thrust reversers. 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 July 8, 
2024.

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-2024-1468; 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 Bombardier, Inc. service information, 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 Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7366; 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-2024-1468; Project Identifier 
MCAI-2023-00975-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 
Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7366; 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-2023-61, dated August 16, 2023 (Transport 
Canada AD CF-2023-61) (also referred

[[Page 44934]]

to after this as the MCAI), to correct an unsafe condition on certain 
serial-numbered Bombardier, Inc., Model BD-700-2A12 airplanes. The MCAI 
states that the pivot door pressure seals on the thrust reverser fixed 
structure were found disbonded or missing on several airplanes. The 
investigation revealed that the seal disbond condition was caused by 
the variation in the installation process of the seals during bonding 
surface preparation and sealant application. The unsafe condition, if 
not addressed, could result in engine thrust loss due to flow path 
overboard leakage during forward thrust operation and reduce airplane 
performance during one-engine inoperative conditions in climb margin 
and ceiling altitude.
    The FAA is proposing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1468.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-78-7501, Revision 
01, dated July 13, 2023. This service information specifies procedures 
for a one-time general visual inspection for discrepant (missing, 
damaged, or disbonded) thrust reverser pivoting door pressure seals, a 
bonding check of the pivoting door seals, and repair or replacement of 
discrepant seals. This service information also specifies procedure for 
performing a functional test of the thrust reverser.
    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.

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, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 53 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
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6 work-hours x $85 per hour =           $0        $510          $27,030
 $510........................
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                                     Estimated Costs of On-Condition Actions
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                    Labor cost                       Parts cost                  Cost per product
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Up to 24 work-hours x $85 per hour = $2,040.......       $4,850  Up to $6,890.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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

    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:


[[Page 44935]]


    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-2024-1468; Project Identifier MCAI-
2023-00975-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 8, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12 
airplanes, certificated in any category, serial numbers 70007, 
70008, 70010, 70012 through 70047 inclusive, 70049, 70051, 70052, 
70053, 70055 through 70077 inclusive, 70079, 70080, 70081, 70083 
through 70133 inclusive, 70135, 70136, 70137, 70138, 70142 through 
70148 inclusive, 70150, 70152, and 70158.

(d) Subject

    Air Transport Association (ATA) of America Code 78, Engine 
exhaust.

(e) Unsafe Condition

    This AD was prompted by reports that the pivot door pressure 
seals on the thrust reverser fixed structure were found disbonded or 
missing on several airplanes. The FAA is issuing this AD to address 
the pivot door pressure seals on the thrust reverser fixed 
structure. The unsafe condition, if not addressed, could result in 
engine thrust loss due to flow path overboard leakage during forward 
thrust operation and reduce airplane performance during one-engine 
inoperative conditions in climb margin and ceiling altitude.

(f) Compliance

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

(g) Inspection and Functional Test

    (1) Within 750 flight hours or 18 months, whichever comes first 
from the effective date of this AD, perform a general visual 
inspection for discrepancies (missing, damaged, or disbonding) of 
the 4 pivot door pressure seals on the thrust reverser door of each 
engine, and perform a bonding check as applicable, and repair or 
replace each discrepant seal as applicable, in accordance with Part 
2.B of the Accomplishment Instructions of Bombardier Service 
Bulletin 700-78-7501, Revision 01, dated July 13, 2023. Applicable 
corrective actions must be done before further flight.
    (2) Before further flight after accomplishing the actions 
specified in paragraph (g)(1) of this AD: Perform a functional test 
of the thrust reverser in accordance with Part 2.C of the 
Accomplishment Instructions of Bombardier Service Bulletin 700-78-
7501, Revision 01, dated July 13, 2023.

(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 700-78-7501, dated 
April 12, 2023.

(i) No Reporting Requirement

    Although the service information referenced in Bombardier 
Service Bulletin 700-78-7501, Revision 01, dated July 13, 2023, 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k) 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.

(k) Additional Information

    For more information about this AD, contact Joseph Catanzaro, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7366; email 
[email protected].

(l) 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) Bombardier Service Bulletin 700-78-7501, Revision 01, dated 
July 13, 2023.
    (ii) [Reserved]
    (3) For Bombardier, Inc. service information, 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 material 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/ibr-locations, or email [email protected].

    Issued on May 14, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-10965 Filed 5-21-24; 8:45 am]
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