Airworthiness Directives; Bombardier, Inc., Airplanes, 12136-12139 [2023-03692]
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12136
Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Rules and Regulations
Applicability
As discussed above, these special
conditions are applicable to the Dassault
Model Falcon 6X airplane. Should
Dassault apply at a later date for a
change to the type certificate to include
another model incorporating the same
novel or unusual design feature, these
special conditions would apply to that
model as well.
Conclusion
This action affects only a certain
novel or unusual design feature on one
model of airplane. It is not a rule of
general applicability.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
Authority Citation
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701, 44702, 44704.
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The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for Dassault Aviation
Model Falcon 6X airplanes.
In lieu of the requirements of 14 CFR
25.1351(d), the following special
conditions apply:
(a) The applicant must show, by test
or a combination of test and analysis,
that the airplane is capable of continued
safe flight and landing with all normal
electrical power sources inoperative, as
prescribed by paragraphs (b)(1) and
(b)(2) below. For purposes of this
special condition, normal sources of
electrical-power generation do not
include alternate power sources such as
a battery, ram-air turbine, or
independent power systems such as a
flight-control permanent-magnet
generating system.
(b) The airplane is demonstrated to be
capable of continued safe flight and
landing by ensuring the performance of
the systems capability, effects on crew
workload and operating conditions, and
the physiological needs of the flightcrew
and passengers meet the requirements
for the longest diversion time for which
approval is sought.
(1) Common-cause failures, cascading
failures, and zonal physical threats must
be considered in showing compliance
with this requirement.
(2) The ability to restore operation of
portions of the electrical-power
generation and distribution system may
be considered if it can be shown that
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unrecoverable loss of those portions of
the system is extremely improbable. An
alternative source of electrical power
must be provided for the time required
to restore the minimum electricalpower-generation capability required for
safe flight and landing. Unrecoverable
loss of all engines may be excluded
when showing that unrecoverable loss
of critical portions of the electrical
system is extremely improbable.
Unrecoverable loss of all engines is
covered in special condition (c), below,
and thus may be excluded when
showing compliance with this
requirement.
(c) Regardless of any electricalgeneration and distribution-system
recovery capability shown under special
condition (a), above, sufficient
electrical-system capability must be
provided to:
(1) Allow time to descend, with all
engines inoperative, at the speed that
provides the best glide distance, from
the maximum operating altitude to the
altitude at the top of the engine restart
envelope, and
(2) Subsequently allow multiple start
attempts of the engines and APU. This
capability must be provided in addition
to the electrical capability required by
existing part 25 requirements related to
operation with all engines inoperative.
(d) The airplane emergency electricalpower system must be designed to
supply electrical power required for:
(1) Immediate safety, which must
continue to operate without the need for
flightcrew action following the loss of
the normal electrical power, for a
duration sufficient to allow
reconfiguration to provide a non-timelimited source of electrical power.
(2) Continued safe flight and landing
for the maximum diversion time.
(e) If APU-generated electrical power
is used in satisfying the requirements of
these special conditions, and if reaching
a suitable runway upon which to land
is beyond the capacity of the battery
systems, then the APU must be able to
be started under any foreseeable flight
condition prior to the depletion of the
battery or the restoration of normal
electrical power, which ever occurs
first. Flight tests must demonstrate this
capability at the most critical condition.
(1) The applicant must show that the
APU will provide adequate electrical
power for continued safe flight and
landing.
(2) The Airplane Flight Manual (AFM)
must incorporate non-normal
procedures that direct the pilot to take
appropriate actions to activate the APU
after loss of normal engine-generated
electrical power.
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Fmt 4700
Sfmt 4700
(f) As a part of showing compliance
with these special conditions, the tests
by which loss of all normal electrical
power is demonstrated must also take
into account the following:
(1) The failure condition should be
assumed to occur during night
instrument meteorological conditions
(IMC), at the most critical phase of the
flight, relative to the worst possible
electrical-power distribution and
equipment-loads-demand condition.
(2) After the un-restorable loss of
normal engine-generated electrical
power, the airplane-engine-restart
capability must be provided and
operations continued in IMC.
(3) The applicant must demonstrate
that the aircraft is capable of continued
safe flight and landing. The length of
time must be computed based on the
maximum diversion-time capability for
which the airplane is being certified.
Consideration for airspeed reductions
resulting from the associated failure or
failures must be made.
(4) The airplane must provide
adequate indication of loss of normal
electrical power to direct the pilot to the
non-normal procedures, and the AFM
must incorporate non-normal
procedures that will direct the pilot to
take appropriate actions.
Issued in Kansas City, Missouri, on
February 22, 2023.
Patrick R. Mullen,
Manager, Technical Innovation Policy
Branch, Policy and Innovation Division,
Aircraft Certification Service.
[FR Doc. 2023–03981 Filed 2–24–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1485; Project
Identifier MCAI–2022–00522–T; Amendment
39–22333; AD 2023–03–08]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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 certain fasteners attaching
the fuselage skin to a certain stringer
may be missing. This AD requires
inspecting for missing fasteners and
SUMMARY:
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Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Rules and Regulations
damage, including cracking, of the
affected area, and repair or installation
of fasteners if necessary. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 3,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 3, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1485; 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 Coˆte-Vertu Road West,
Dorval, Que´bec H4S 1Y9, Canada;
telephone 514–855–2999; email 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–
2022–1485.
FOR FURTHER INFORMATION CONTACT:
Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion
Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@
faa.gov.
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–700–2A12 airplanes. The NPRM
published in the Federal Register on
November 25, 2022 (87 FR 72419). The
NPRM was prompted by AD CF–2022–
17, dated April 13, 2022, issued by
Transport Canada, which is the aviation
authority for Canada (referred to after
this as the MCAI). The MCAI states that
certain fasteners attaching the fuselage
skin to stringer 19 between fuselage
station (FS) FS945.75 and FS961.45 may
be missing. The affected area of the
fuselage is a build-up of skin, stringers,
and frames, and is identified as a
principal structural element for which
missing fasteners could significantly
reduce safety margins.
In the NPRM, the FAA proposed to
require inspecting for missing fasteners
and damage, including cracking, of the
affected area, and repair or installation
of fasteners if necessary. The FAA is
issuing this AD to address missing
fasteners, which may subject the skin to
inter-rivet buckling under compressive
load. The unsafe condition, if not
addressed, could create a hazard of
permanent deformation and/or cracking
of the skin.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1485.
Discussion of Final Airworthiness
Directive
Comments
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
Additional Changes Made to This AD
The FAA has revised paragraph (g) of
this AD to clarify that, if any damage or
missing fasteners are found, the damage
must be repaired or the fasteners
installed before further flight. In the
NPRM, the FAA inadvertently left out
the compliance time for this action.
However, as stated in the NPRM, the
affected area is identified as a principal
12137
structural element for which missing
fasteners could significantly reduce
safety margins. Further, missing
fasteners may create a hazard of
permanent deformation and/or cracking
of the skin. Therefore, damage needs to
be repaired and missing fasteners need
to be installed before further flight to
address the identified unsafe condition.
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, 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 Bombardier
Service Bulletin 700–53–7547, dated
July 21, 2021. This service information
specifies procedures for inspecting the
affected area of the fuselage skin
attached to stringer 19 between
FS945.75 and FS961.45 for missing
fasteners and associated damage, and for
installing missing fasteners and
repairing any damage. 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 11 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
5 work-hours × $85 per hour = $425 ..........................................................................................
$0
$425
$4,675
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
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18:59 Feb 24, 2023
Jkt 259001
the results of any required actions. The
FAA has no way of determining the
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number of aircraft that might need these
on-condition actions:
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12138
Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Rules and Regulations
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
27 work-hours × $85 per hour = $2,295 .................................................................................................................
$5,792
$8,087
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.
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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,
VerDate Sep<11>2014
18:59 Feb 24, 2023
Jkt 259001
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–03–08 Bombardier, Inc.: Amendment
39–22333; Docket No. FAA–2022–1485;
Project Identifier MCAI–2022–00522–T.
(a) Effective Date
This airworthiness directive (AD) is
effective April 3, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–700–2A12 airplanes, certificated
in any category, serial numbers 70020
through 70039 inclusive, 70041, 70046, and
70047.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that
certain fasteners attaching the fuselage skin
to a certain stringer may be missing. The
FAA is issuing this AD to address missing
fasteners, which may subject the skin to
inter-rivet buckling under compressive load.
The unsafe condition, if not addressed, could
create a hazard of permanent deformation
and/or cracking of the skin.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 32 months from the effective date
of this AD: Do a detailed visual inspection for
missing fasteners and damage, including
cracking, in the fuselage skin attached to
stringer 19 between fuselage station (FS)
FS945.75 and FS961.45. If any damage or
missing fasteners are found: Before further
flight, repair any damage found, and install
fasteners where missing, in accordance with
the Accomplishment Instructions of
Bombardier Service Bulletin 700–53–7547,
dated July 21, 2021.
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Frm 00006
Fmt 4700
Sfmt 4700
(h) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
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: Program Manager,
Continuing Operational Safety, FAA, New
York ACO 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, New York ACO 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 DAOauthorized signature.
(i) Additional Information
(1) Refer to Transport Canada AD CF–
2022–17, dated April 13, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2022–1485.
(2) For more information about this AD,
contact Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7300; email 9-avs-nyacocos@faa.gov.
(j) 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 700–53–
7547, dated July 21, 2021.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Bombardier Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email
ac.yul@aero.bombardier.com; website
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
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Federal Register / Vol. 88, No. 38 / Monday, February 27, 2023 / Rules and Regulations
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 fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on February 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–03692 Filed 2–24–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1245; Project
Identifier MCAI–2022–00503–T; Amendment
39–22334; AD 2023–03–09]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re´gional
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–20–
09, which applied to certain ATR—GIE
Avions de Transport Re´gional Model
ATR72 airplanes. AD 2021–20–09
required revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
This AD was prompted by a
determination that new or more
restrictive tasks and airworthiness
limitations are necessary. This AD
continues to require the actions in AD
2021–20–09 and requires revising the
existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive tasks
and airworthiness limitations, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective April 3,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 3, 2023.
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SUMMARY:
VerDate Sep<11>2014
18:59 Feb 24, 2023
Jkt 259001
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of December 27, 2021 (86 FR
64805, November 19, 2021).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1245; 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 material incorporated by
reference in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
website easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
• 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.
It is also available in the AD docket at
regulations.gov under Docket No. FAA–
2022–1245.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 206–231–3220; email
shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2021–20–09,
Amendment 39–21747 (86 FR 64805,
November 19, 2021) (AD 2021–20–09).
AD 2021–20–09 applied to certain
ATR—GIE Avions de Transport
Re´gional Model ATR72–101, –102,
–201, –202, –211, –212, and –212A
airplanes. AD 2021–20–09 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. The FAA
issued AD 2021–20–09 to address
reduced structural integrity of the
airplane.
The NPRM published in the Federal
Register on December 6, 2022 (87 FR
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
12139
74538). The NPRM was prompted by
AD 2022–0201, dated September 26,
2022, issued by EASA (EASA AD 2022–
0201) (referred to after this as the
MCAI). The MCAI states that the
manufacturer updated the time limits
document to introduce new or more
restrictive tasks and limitations.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1245.
In the NPRM, the FAA proposed to
continue to require the actions in AD
2021–20–09 and require revising the
existing maintenance or inspection
program, as applicable, to incorporate
additional new or more restrictive tasks
and airworthiness limitations, as
specified in EASA AD 2022–0201. The
FAA is issuing this AD to address
fatigue cracking and damage in
principal structural elements, which
could result in reduced structural
integrity of the airplane.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
the Air Line Pilots Association,
International (ALPA), who supported
the NPRM without change.
Explanation of Revised Applicability
The FAA revised paragraph (c) of this
AD to apply to airplanes with an
original airworthiness certificate or
original export certificate of
airworthiness issued on or before
September 21, 2022 (the issuance date
of the service information referenced in
EASA AD 2022–0201). Airplanes with
an original airworthiness certificate or
original export certificate of
airworthiness issued after September 21,
2022, must comply with the
airworthiness limitations specified as
part of the approved type design and
referenced on the type certificate data
sheet; this AD therefore does not
include those airplanes in the
applicability. In the NPRM, the FAA
inadvertently specified a date of
February 3, 2022, which is the issuance
date of a prior revision of the service
information referenced in EASA AD
2022–0201. The FAA has confirmed no
affected airplanes were added to the
U.S. Registry between February 3, 2022
and September 21, 2022.
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
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]]>Agencies
[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12136-12139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03692]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1485; Project Identifier MCAI-2022-00522-T;
Amendment 39-22333; AD 2023-03-08]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 certain fasteners attaching the fuselage skin
to a certain stringer may be missing. This AD requires inspecting for
missing fasteners and
[[Page 12137]]
damage, including cracking, of the affected area, and repair or
installation of fasteners if necessary. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective April 3, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 3,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1485; 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">[email protected]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-2022-1485.
FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch,
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-700-2A12 airplanes. The NPRM published in the Federal
Register on November 25, 2022 (87 FR 72419). The NPRM was prompted by
AD CF-2022-17, dated April 13, 2022, issued by Transport Canada, which
is the aviation authority for Canada (referred to after this as the
MCAI). The MCAI states that certain fasteners attaching the fuselage
skin to stringer 19 between fuselage station (FS) FS945.75 and FS961.45
may be missing. The affected area of the fuselage is a build-up of
skin, stringers, and frames, and is identified as a principal
structural element for which missing fasteners could significantly
reduce safety margins.
In the NPRM, the FAA proposed to require inspecting for missing
fasteners and damage, including cracking, of the affected area, and
repair or installation of fasteners if necessary. The FAA is issuing
this AD to address missing fasteners, which may subject the skin to
inter-rivet buckling under compressive load. The unsafe condition, if
not addressed, could create a hazard of permanent deformation and/or
cracking of the skin.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1485.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Additional Changes Made to This AD
The FAA has revised paragraph (g) of this AD to clarify that, if
any damage or missing fasteners are found, the damage must be repaired
or the fasteners installed before further flight. In the NPRM, the FAA
inadvertently left out the compliance time for this action. However, as
stated in the NPRM, the affected area is identified as a principal
structural element for which missing fasteners could significantly
reduce safety margins. Further, missing fasteners may create a hazard
of permanent deformation and/or cracking of the skin. Therefore, damage
needs to be repaired and missing fasteners need to be installed before
further flight to address the identified unsafe condition.
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, 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 Bombardier Service Bulletin 700-53-7547, dated
July 21, 2021. This service information specifies procedures for
inspecting the affected area of the fuselage skin attached to stringer
19 between FS945.75 and FS961.45 for missing fasteners and associated
damage, and for installing missing fasteners and repairing any damage.
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 11 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 operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425........................... $0 $425 $4,675
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:
[[Page 12138]]
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
27 work-hours x $85 per hour = $2,295. $5,792 $8,087
------------------------------------------------------------------------
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:
2023-03-08 Bombardier, Inc.: Amendment 39-22333; Docket No. FAA-
2022-1485; Project Identifier MCAI-2022-00522-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 3, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70020
through 70039 inclusive, 70041, 70046, and 70047.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that certain fasteners
attaching the fuselage skin to a certain stringer may be missing.
The FAA is issuing this AD to address missing fasteners, which may
subject the skin to inter-rivet buckling under compressive load. The
unsafe condition, if not addressed, could create a hazard of
permanent deformation and/or cracking of the skin.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 32 months from the effective date of this AD: Do a
detailed visual inspection for missing fasteners and damage,
including cracking, in the fuselage skin attached to stringer 19
between fuselage station (FS) FS945.75 and FS961.45. If any damage
or missing fasteners are found: Before further flight, repair any
damage found, and install fasteners where missing, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
700-53-7547, dated July 21, 2021.
(h) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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: Program Manager, Continuing Operational
Safety, FAA, New York ACO 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, New York ACO
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.
(i) Additional Information
(1) Refer to Transport Canada AD CF-2022-17, dated April 13,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2022-1485.
(2) For more information about this AD, contact Jiwan
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7300; email [email protected].
(j) 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 700-53-7547, dated July 21,
2021.
(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">[email protected]bombardier.com; website
bombardier.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section,
[[Page 12139]]
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 February 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-03692 Filed 2-24-23; 8:45 am]
BILLING CODE 4910-13-P
