Airworthiness Directives; Bombardier, Inc., Airplanes, 24924-24927 [2023-08574]
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24924
Proposed Rules
Federal Register
Vol. 88, No. 79
Tuesday, April 25, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 35
[NRC–2022–0218]
RIN 3150–AK91
Reporting Nuclear Medicine Injection
Extravasations as Medical Events;
Correction
Nuclear Regulatory
Commission.
ACTION: Preliminary proposed rule
language; notice of availability and
public meeting; correction.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is correcting a notice
that was published in the Federal
Register on April 19, 2023, making
available preliminary proposed rule
language for a rulemaking on the
reporting of nuclear medicine injection
extravasations as medical events. This
action is necessary to correct the time of
the public meeting.
DATES: The correction takes effect on
April 25, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2022–0218 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0218. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
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SUMMARY:
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select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to PDR.Resource@nrc.gov.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
eastern time, Monday through Friday,
except Federal holidays.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking
Support Branch, Division of Rulemaking,
Environmental, and Financial Support Office
of Nuclear Material Safety and Safeguards.
FOR FURTHER INFORMATION CONTACT:
Airworthiness Directives; Bombardier,
Inc., Airplanes
Irene Wu, telephone: 301–415–1951,
email: Irene.Wu@nrc.gov; and Daniel
DiMarco, telephone: 301–415–3303,
email: Daniel.Dimarco@nrc.gov. Both
are staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
The NRC
is announcing the following corrected
language to proposed rule FR Doc.
2023–08238, published at 88 FR 24130
on April 19, 2023. On page 24130, in the
first column, Dates section, the public
meeting time is corrected to read ‘‘from
1:00 p.m. to 4:00 p.m. eastern time
(ET)’’. On page 24132, in the second
column, section V. Public Meeting, the
second sentence in the first paragraph is
corrected to read ‘‘The public meeting
will be held on May 24, 2023, from 1:00
p.m. to 4:00 p.m. ET on the Microsoft
Teams online platform.’’.
The NRC may post materials related
to this document, including public
comments, on the Federal rulemaking
website at https://www.regulations.gov
under Docket ID NRC–2022–0218. In
addition, the Federal rulemaking
website allows members of the public to
receive alerts when changes or additions
occur in a docket folder. To subscribe:
(1) navigate to the docket folder (NRC–
2011–0014; NRC–2011–0015; NRC–
2011–0017; NRC–2011–0018); (2) click
the ‘‘Subscribe’’ link; and (3) enter an
email address and click on the
‘‘Subscribe’’ link.
SUPPLEMENTARY INFORMATION:
Dated: April 19, 2023.
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[FR Doc. 2023–08685 Filed 4–24–23; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0935; Project
Identifier MCAI–2022–01311–T]
RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Bombardier, Inc., Model BD–100–1A10
airplanes. This proposed AD was
prompted by an in-service event where
the nose gear door amber caution
message displayed on the crew alerting
system during the initial climb after gear
retraction. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
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 June 9, 2023.
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.
SUMMARY:
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Proposed Rules
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0935; 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 service information identified
in this NPRM, 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.
FOR FURTHER INFORMATION CONTACT:
Gabriel D. Kim, Aerospace Engineer,
Mechanical Systems and Administrative
Services 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:
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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–2023–0935; Project Identifier
MCAI–2022–01311–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
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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 Gabriel D. Kim,
Aerospace Engineer, Mechanical
Systems and Administrative Services
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. 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–2022–
57, dated October 5, 2022 (Transport
Canada AD CF–2022–57) (also referred
to after this as the MCAI), to correct an
unsafe condition for all Bombardier,
Inc., Model BD–100–1A10 airplanes.
The MCAI states an in-service event
occurred where the nose gear door
amber caution message displayed on the
crew alerting system during the initial
climb after gear retraction. After
landing, an inspection found that one of
the nose landing gear (NLG) door hinge
fitting assemblies was broken. The
absence of an inspection to detect cracks
in the fillet radii of the NLG door hinge
fitting could result in door
misalignment with the airplane.
The FAA is proposing this AD to
address cracked fillet radii of NLG door
hinge fittings. The unsafe condition, if
not addressed, could result in a NLG
door misalignment, which could
increase the drag and yawing movement
during flight, could cause jamming of
the door affecting the ability to extend
or retract the NLG, or could potentially
result in the NLG door detaching from
the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–0935.
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24925
Related Service Information Under 1
CFR Part 51
The FAA reviewed Bombardier
Challenger 300 BD–100 Time Limits/
Maintenance Checks Temporary
Revision (TR) TR5–2–101, dated June
30, 2022; and (Bombardier) Challenger
350 BD–100 Time Limits/Maintenance
Checks Temporary Revision TR5–2–30,
dated June 30, 2022. This service
information specifies new or more
restrictive airworthiness limitations for
the NLG door hinge fittings fillet radii.
These documents are distinct because
they apply to different airplane
configurations.
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 ADDRESSES.
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 the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is proposing this AD because the FAA
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed Requirements of This NPRM
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 716
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
The FAA has determined that revising
the maintenance or inspection program
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Proposed Rules
takes an average of 90 work-hours per
operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the agency
estimates the average total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
Authority for This Rulemaking
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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.
16:27 Apr 24, 2023
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PART 39—AIRWORTHINESS
DIRECTIVES
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:
Bombardier, Inc., Docket No. FAA–2023–
0935; Project Identifier MCAI–2022–
01311–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by June 9, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Bombardier, Inc.,
Model BD–100–1A10 airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time limits/maintenance
checks; 32, Landing Gear.
(e) Reason
This AD was prompted by an in-service
event that occurred where the nose gear door
amber caution message displayed on the
crew alerting system during the initial climb
after gear retraction. The FAA is issuing this
AD to address cracked fillet radii of the nose
landing gear (NLG) door hinge fittings. The
unsafe condition, if not addressed, could
result in a NLG door misalignment, which
could increase the drag and yawing
movement during flight, could cause
jamming of the door affecting the ability to
extend or retract the NLG, or could
potentially result in the NLG door detaching
from the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Maintenance or Inspection Program
Revision
Within 60 days after the effective date of
this AD, revise the existing maintenance and
inspection program, as applicable, to
incorporate the information specified in
Bombardier Challenger 300 BD–100 Time
Limits/Maintenance Checks Temporary
Revision (TR) TR5–2–101, dated June 30,
2022; or (Bombardier) Challenger 350 BD–
100 Time Limits/Maintenance Checks TR
TR5–2–30, dated June 30, 2022; as
applicable. The initial compliance time for
doing the tasks is at the time specified in
Bombardier Challenger 300 BD–100 Time
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Limits/Maintenance Checks Temporary
Revision (TR) TR5–2–101, dated June 30,
2022; or (Bombardier) Challenger 350 BD–
100 Time Limits/Maintenance Checks TR
TR5–2–30, dated June 30, 2022; as
applicable, or within 60 days after the
effective date of this AD, whichever occurs
later.
(h) No Alternative Actions or Intervals
1. The authority citation for part 39
continues to read as follows:
■
■
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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The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals, may be used unless the actions and
intervals, are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) Other FAA 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2022–57, dated October 5, 2022, for related
information. This Transport Canada may be
found in the AD docket at regulations.gov
under Docket No. FAA–2023–0935.
(2) For more information about this AD,
contact Gabriel D. Kim, Aerospace Engineer,
Mechanical Systems and Administrative
Services 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.
(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.
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Proposed Rules
(i) Bombardier Challenger 300 BD–100
Time Limits/Maintenance Checks Temporary
Revision (TR) TR5–2–101, dated June 30,
2022.
(ii) (Bombardier) Challenger 350 BD–100
Time Limits/Maintenance Checks Temporary
Revision TR5–2–30, dated June 30, 2022.
(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,
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 April 18, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–08574 Filed 4–24–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0190; Project
Identifier 2019–CE–048–AD]
RIN 2120–AA64
Airworthiness Directives; Viking Air
Limited (Type Certificate Previously
Held by Bombardier Inc. and de
Havilland Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (SNPRM).
AGENCY:
The FAA is revising a notice
of proposed rulemaking (NPRM) that
would have superseded Airworthiness
Directive (AD) 64–09–03, which applies
to all de Havilland (type certificate now
held by Viking Air Limited) Model
DHC–2 ‘‘Beaver’’ airplanes. This action
revises the NPRM by changing the
required action specified in the
proposed AD. Additionally, the FAA is
publishing an Initial Regulatory
Flexibility Analysis (IRFA) to aid the
public in commenting on the potential
impacts to small entities from this
proposal. The FAA is reopening the
comment period to allow the public the
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SUMMARY:
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16:27 Apr 24, 2023
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chance to comment on the revised
proposed action and whether the
revised proposed action would have a
significant economic impact on a
substantial number of small entities.
The FAA is proposing this AD to
address the unsafe condition on these
products and the agency is requesting
comments on this SNPRM.
DATES: The FAA must receive comments
on this SNPRM by June 9, 2023.
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–2022–0190; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains the NPRM, this SNPRM, 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 service information identified
in this SNPRM, contact Viking Air
Limited Technical Support, 1959 De
Havilland Way, Sidney, British
Columbia, Canada, V8L 5V5; phone:
(800) 663–8444; fax: (250) 656–0673;
email: technical.support@vikingair.com;
website: vikingair.com/support/servicebulletins.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
James Delisio, Continued Operational
Safety Program Manager, FAA, New
York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; phone: (516) 228–7321; email: 9avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
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24927
arguments about this proposal,
including the IRFA. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2022–0190; Project Identifier 2019–CE–
048–AD’’ 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 again revise this 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 SNPRM.
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 SNPRM
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 SNPRM, 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 SNPRM. Submissions containing
CBI should be sent to James Delisio,
Continued Operational Safety Program
Manager, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410,
Westbury, NY 11590. Any commentary
that the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
Background
The FAA issued an NPRM (87 FR
7065, February 8, 2022; corrected
February 18, 2022 (87 FR 9274)) that
would apply to all Viking Air Limited
(Viking) Model DHC–2 Mk. I, DHC–2
Mk. II, and DHC–2 Mk. III airplanes.
The NPRM proposed to supersede AD
64–09–03, Amendment 718 (29 FR
5390, April 22, 1964) (AD 64–09–03),
which applies to all de Havilland (type
certificate now held by Viking) Model
E:\FR\FM\25APP1.SGM
25APP1
]]>Agencies
[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Proposed Rules]
[Pages 24924-24927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08574]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0935; Project Identifier MCAI-2022-01311-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 all Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD
was prompted by an in-service event where the nose gear door amber
caution message displayed on the crew alerting system during the
initial climb after gear retraction. This proposed AD would require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. 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 June 9,
2023.
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.
[[Page 24925]]
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0935; 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 service information identified in this NPRM, 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.
FOR FURTHER INFORMATION CONTACT: Gabriel D. Kim, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 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-2023-0935; Project Identifier
MCAI-2022-01311-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
Gabriel D. Kim, Aerospace Engineer, Mechanical Systems and
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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-2022-57, dated October 5, 2022 (Transport
Canada AD CF-2022-57) (also referred to after this as the MCAI), to
correct an unsafe condition for all Bombardier, Inc., Model BD-100-1A10
airplanes. The MCAI states an in-service event occurred where the nose
gear door amber caution message displayed on the crew alerting system
during the initial climb after gear retraction. After landing, an
inspection found that one of the nose landing gear (NLG) door hinge
fitting assemblies was broken. The absence of an inspection to detect
cracks in the fillet radii of the NLG door hinge fitting could result
in door misalignment with the airplane.
The FAA is proposing this AD to address cracked fillet radii of NLG
door hinge fittings. The unsafe condition, if not addressed, could
result in a NLG door misalignment, which could increase the drag and
yawing movement during flight, could cause jamming of the door
affecting the ability to extend or retract the NLG, or could
potentially result in the NLG door detaching from the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0935.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Challenger 300 BD-100 Time Limits/
Maintenance Checks Temporary Revision (TR) TR5-2-101, dated June 30,
2022; and (Bombardier) Challenger 350 BD-100 Time Limits/Maintenance
Checks Temporary Revision TR5-2-30, dated June 30, 2022. This service
information specifies new or more restrictive airworthiness limitations
for the NLG door hinge fittings fillet radii. These documents are
distinct because they apply to different airplane configurations.
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 ADDRESSES.
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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 716 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the maintenance or inspection
program
[[Page 24926]]
takes an average of 90 work-hours per operator, although the agency
recognizes that this number may vary from operator to operator. Since
operators incorporate maintenance or inspection program changes for
their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
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-2023-0935; Project Identifier MCAI-
2022-01311-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 9, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks; 32, Landing Gear.
(e) Reason
This AD was prompted by an in-service event that occurred where
the nose gear door amber caution message displayed on the crew
alerting system during the initial climb after gear retraction. The
FAA is issuing this AD to address cracked fillet radii of the nose
landing gear (NLG) door hinge fittings. The unsafe condition, if not
addressed, could result in a NLG door misalignment, which could
increase the drag and yawing movement during flight, could cause
jamming of the door affecting the ability to extend or retract the
NLG, or could potentially result in the NLG door detaching from the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance and inspection program, as applicable, to
incorporate the information specified in Bombardier Challenger 300
BD-100 Time Limits/Maintenance Checks Temporary Revision (TR) TR5-2-
101, dated June 30, 2022; or (Bombardier) Challenger 350 BD-100 Time
Limits/Maintenance Checks TR TR5-2-30, dated June 30, 2022; as
applicable. The initial compliance time for doing the tasks is at
the time specified in Bombardier Challenger 300 BD-100 Time Limits/
Maintenance Checks Temporary Revision (TR) TR5-2-101, dated June 30,
2022; or (Bombardier) Challenger 350 BD-100 Time Limits/Maintenance
Checks TR TR5-2-30, dated June 30, 2022; as applicable, or within 60
days after the effective date of this AD, whichever occurs later.
(h) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals, may be used unless the
actions and intervals, are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) Other FAA 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2022-57, dated October 5,
2022, for related information. This Transport Canada may be found in
the AD docket at regulations.gov under Docket No. FAA-2023-0935.
(2) For more information about this AD, contact Gabriel D. Kim,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 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.
[[Page 24927]]
(i) Bombardier Challenger 300 BD-100 Time Limits/Maintenance
Checks Temporary Revision (TR) TR5-2-101, dated June 30, 2022.
(ii) (Bombardier) Challenger 350 BD-100 Time Limits/Maintenance
Checks Temporary Revision TR5-2-30, dated June 30, 2022.
(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, 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 April 18, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-08574 Filed 4-24-23; 8:45 am]
BILLING CODE 4910-13-P
