[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Proposed Rules]
[Pages 65264-65267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17455]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2015; Project Identifier MCAI-2023-00769-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-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by reports of missing or 
damaged inboard flap seal plate assemblies. This proposed AD would 
require repetitive inspections for cracks of the attaching angles of 
the inboard flap seal plates and replacement. This proposed AD would 
also require the eventual replacement of both inboard flap seal plates, 
which would terminate the repetitive inspections. 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 September 
23, 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-2024-2015; or in person at Docket Operations between 9 
a.m. and

[[Page 65265]]

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 material identified in this proposed 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.
     You may view this material 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.

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-2024-2015; Project Identifier 
MCAI-2023-00769-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 that 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-2023-42, dated June 19, 2023 (Transport 
Canada AD CF-2023-42) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
1A10 and BD-700-1A11 airplanes. The MCAI states that there have been 
multiple reports in service of missing or damaged inboard flap seal 
plates. An investigation revealed a premature fatigue failure mode of 
the inboard flap seal plates. Left uncorrected, an inboard flap seal 
plate may partially or totally detach. Under certain flight conditions, 
a missing inboard flap seal plate could lead to excessive buffeting and 
vibration, and consequent damage to the airplane.
    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-2024-2015.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletins 700-27-5509 and 700-
27-6509, both Revision 01, both dated May 5, 2023. This material 
specifies procedures for repetitive detailed inspections for cracks of 
the attaching angles of the inboard flap seal plates and replacing the 
inboard flap seal plates if any crack is detected. This material also 
specifies procedures for replacing both existing inboard flap seal 
plates with structurally more robust redesigned components. The 
replacement actions include a detailed visual inspection for damage 
(including signs of failure, cracking, and deformation) of the flap 
inboard closing ribs and trailing edges, an eddy current or liquid 
penetrant inspection for cracks running out of the flap inboard closing 
rib holes common to the outboard stiffener and angle, and repair for 
cracks and other damage. The replacement would eliminate the need for 
the repetitive detailed inspections. These documents are distinct since 
they apply to different airplane models. This material 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 material 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 material already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 43 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
24 work-hours x $85 per hour = $2,040........................         $37,919          $39,959       $1,718,237
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[[Page 65266]]

    The FAA has received no definitive data on which to base the cost 
estimates for the repairs specified in this proposed 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 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:

    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-2024-2015; Project Identifier MCAI-
2023-00769-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 23, 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, serial numbers 
9861, 9872, 60001 through 60004 inclusive, 60006 through 60023 
inclusive, 60025 through 60029 inclusive, 60031, 60033 through 60036 
inclusive, 60038 through 60042 inclusive, 60044, 60046 through 60048 
inclusive, 60050 through 60055 inclusive, 60058 through 60060 
inclusive, 60062 through 60067 inclusive, 60069 through 60071 
inclusive, 60073 through 60086 inclusive, and 60088 through 60101 
inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of missing or damaged inboard 
flap seal plates. The FAA is issuing this AD to address the unsafe 
condition, which could result in the partial or total detachment of 
the flap seal plate. Under certain flight conditions, a missing 
inboard flap seal plate could lead to excessive buffeting and 
vibration, and consequent damage to the airplane.

(f) Compliance

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

(g) Detailed Inspection

    At the applicable time specified in figure 1 to paragraph (g) of 
this AD, perform a detailed inspection for cracks of the attaching 
angles of the inboard flap seal plates, in accordance with Section 
2.B. (Part A) of the Accomplishment Instructions of Bombardier 
Service Bulletin 700-27-5509 or 700-27-6509, both Revision 01, both 
dated May 5, 2023; as applicable, except do corrective actions as 
specified in paragraph (h) of this AD.

Figure 1 to Paragraph (g)--Compliance Requirements
[GRAPHIC] [TIFF OMITTED] TP09AU24.001

(h) Corrective Actions for Inboard Flap Seal Plates

    (1) If no crack is found during any inspection required by 
paragraph (g) of this AD, repeat the inspection thereafter at 
intervals not to exceed 250 flight hours, except as specified in 
paragraph (i) of this AD.
    (2) If any crack is found during any inspection required by 
paragraph (g) of this AD, do the actions specified in paragraph (i) 
of this AD before further flight.

(i) Replacement of Inboard Flap Seal Plates

    Unless already done as specified in paragraph (h)(2) of this AD: 
Within 12 months after the effective date of this AD, do the actions 
specified in paragraphs (i)(1) through (3) of this AD, in accordance 
with Section 2.C. (Part B) of the Accomplishment Instructions of 
Bombardier Service Bulletin 700-27-5509 or 700-27-6509, both 
Revision 01, both dated May 5, 2023; as applicable.
    (1) Replace the inboard flap seal plates with redesigned plates.
    (2) Do a detailed visual inspection for damage of the flap 
inboard closing ribs and trailing edges.
    (3) Do an eddy current or liquid penetrant inspection for cracks 
running out of the flap inboard closing rib holes common to the 
outboard stiffener and angle.

(j) Repair for Flap Inboard Closing Ribs and Trailing Edges

    If any crack or other damage is found during any inspection 
required by paragraph

[[Page 65267]]

(i)(2) or (3) of this AD, repair before further flight 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 the method is approved by the 
DAO, the approval must include the DAO-authorized signature.

(k) Terminating Action for Repetitive Inspections

    Accomplishment of the actions required by paragraph (i) of this 
AD terminates the requirements of paragraph (h)(1) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by this AD, 
if those actions were performed before the effective date of this AD 
using Bombardier Service Bulletin 700-27-5509 or 700-27-6509, both 
dated October 4, 2022.

(m) No Reporting Requirement

    Although Bombardier Service Bulletins 700-27-5509 and 700-27-
6509, both Revision 01, both dated May 5, 2023; specify to submit 
certain information to the manufacturer, this AD does not include 
that requirement.

(n) 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 (o)(1) of this AD. Information may be emailed to: 9-
[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.

(o) Additional Information

    (1) 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].
    (2) Material identified in this AD that is not incorporated by 
reference is available at the address specified in paragraph (p)(3) 
of this AD.

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-27-5509, Revision 01, dated 
May 5, 2023.
    (ii) Bombardier Service Bulletin 700-27-6509, Revision 01, dated 
May 5, 2023.
    (3) For Bombardier material 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 material 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 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 August 1, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-17455 Filed 8-8-24; 8:45 am]
BILLING CODE 4910-13-P