[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Rules and Regulations]
[Pages 41180-41184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14779]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0575; Product Identifier 2020-NM-096-AD; Amendment 
39-19924; AD 2020-12-15]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. 
This AD was prompted by a report that certain safety valves at the 
left- and right-hand sides of the cabin pressure control system were 
not installed correctly and that the trunnion nuts used to fasten the 
V-band clamp were over torqued. This AD requires a measurement of the 
trunnion nut torque of the V-band clamp, an inspection of the safety 
valve and airplane bulkhead flange area for any cracking and 
deformations, and corrective actions, if necessary. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective July 24, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 24, 
2020.
    The FAA must receive comments on this AD by August 24, 2020.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or 
direct-dial telephone 1-514-855-2999; email ac.yul@aero.bombardier.com; 
internet https://www.bombardier.com. You may view this referenced 
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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0575.

[[Page 41181]]

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0575; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, any comments received, and other information. The 
street address for the Docket Operations office is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7323; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2020-16, dated May 15, 
2020 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. 
You may examine the MCAI on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-0575.
    This AD was prompted by a report that certain safety valves at the 
left- and right-hand sides of the cabin pressure control system were 
not installed correctly and that the trunnion nuts used to fasten the 
V-band clamp were over torqued. The FAA is issuing this AD to address 
incorrect installation of the safety valves and over-torqued trunnion 
nuts, which could cause damage to the safety valve flange and could 
result in pressure leakage or cabin depressurization at altitude. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-21-5009, Revision 02, 
dated March 31, 2020; and Service Bulletin 700-21-6009, Revision 02, 
dated March 31, 2020. This service information describes procedures for 
a measurement of the trunnion nut torque of the V-band clamp at the 
left- and right-hand sides of the cabin pressure control system safety 
valves, a general visual or magnification inspection of the safety 
valve and airplane bulkhead flange area for any cracking and 
deformation, and corrective actions. The corrective actions include 
replacement of the safety valve and repair of cracks on the airplane 
bulkhead flange. These documents are distinct since they apply to 
different airplane models.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our 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 issuing this AD 
because the FAA evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

Explanation of Compliance Time

    In most ADs, we adopt a compliance time relative to the AD's 
effective date. In this case, however, TCCA has already issued 
regulations that require operators to measure the trunnion nut torque 
of the V-band clamp to address the identified unsafe condition by a 
certain date. Per the safety assessment of the design approval holder 
and TCCA, the initial measurement of the trunnion nut torque of the V-
band clamp must be completed before August 31, 2020. In addition, TCCA 
also requires operators to replace certain safety valves by that date. 
To provide for coordinated implementation of TCCA's regulations and 
this AD, we are using the same compliance date in this AD.

Differences Between This AD and the MCAI

    Canadian AD CF-2020-16, dated May 15, 2020, requires an inspection 
of the bulkhead flange but does not provide a corrective action. This 
AD includes a corrective action as specified in paragraphs (h)(1)(iii) 
and (h)(2)(B)(iii) of this AD.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because incorrectly installed safety valves and over-torqued trunnion 
nuts could cause damage to the safety valve flange and could result in 
pressure leakage or cabin depressurization at altitude. Therefore, the 
FAA finds good cause that notice and opportunity for prior public 
comment are impracticable. In addition, for the reasons stated above, 
the FAA finds that good cause exists for making this amendment 
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0575; 
Product Identifier 2020-NM-096-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 17 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 41182]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................              $0             $170           $2,890
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    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:

                Estimated Costs of On-Condition Actions *
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                                                            Cost  per
              Labor cost                   Parts cost        product
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3 work-hours x $85 per hour = $255....          $5,070           $5,325
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* The table does not include costs for the corrective action for the
  bulkhead flange. The FAA has received no definitive data for the cost
  of this corrective action.

    According to the manufacturer, some or all of the parts costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in our cost estimate.

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 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 (AD):

2020-12-15 Bombardier, Inc.: Amendment 39-19924; Docket No. FAA-
2020-0575; Product Identifier 2020-NM-096-AD.

(a) Effective Date

    This AD becomes effective July 24, 2020.

(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 
9810 through 9838 inclusive, 9840 through 9842 inclusive, 9844 
through 9846 inclusive, 9854 and 9855.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by a report that certain safety valves at 
the left- and right-hand sides of the cabin pressure control system 
were not installed correctly and that the trunnion nuts used to 
fasten the V-band clamp were over torqued. The FAA is issuing this 
AD to address incorrect installation of the safety valves and over-
torqued trunnion nuts, which could cause damage to the safety valve 
flange and could result in pressure leakage or cabin 
depressurization at altitude.

(f) Compliance

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

(g) Measurement

    Before August 31, 2020, measure the trunnion nut torque of the 
V-band clamps at the left-and right-hand sides of the cabin pressure 
control system safety valves, in accordance with paragraphs 2.B.(1) 
and 2.B.(2) of the Accomplishment Instructions of the applicable 
service information specified in figure 1 to paragraphs (g) and (h) 
of this AD.

[[Page 41183]]

[GRAPHIC] [TIFF OMITTED] TR09JY20.019

(h) Inspection and Corrective Actions

    Based on the torque measurement required by paragraph (g) of 
this AD, do the applicable actions specified in paragraph (h)(1) or 
(2) of this AD.
    (1) For safety valves with a V-band clamp trunnion nut torque of 
less than 80 lbf-in: Before further flight, do a general visual 
inspection for any cracking and deformation, in accordance with 
paragraph 2.B.(3)(a) of the Accomplishment Instructions of the 
applicable service information specified in figure 1 to paragraphs 
(g) and (h) of this AD.
    (i) If no cracking and deformation is found on the safety valve 
and airplane bulkhead flange: Before further flight, re-torque the 
V-band clamp trunnion nut, in accordance with paragraph 2.B.(3)(b) 
of the Accomplishment Instructions of the applicable service 
information specified in figure 1 to paragraphs (g) and (h) of this 
AD.
    (ii) If any cracking or deformation is found on the safety 
valve: Before further flight, replace the safety valve, in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
the applicable service information specified in figure 1 to 
paragraphs (g) and (h) of this AD.
    (iii) If any cracking or deformation is found on the airplane 
bulkhead flange: Before further flight, repair using a method 
approved by the Manager, New York ACO Branch, FAA; or Transport 
Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design 
Approval Organization (DAO). If approved by the DAO, the approval 
must include the DAO-authorized signature.
    (2) For safety valves with a V-band clamp trunnion nut torque of 
80 lbf-in or higher: Before further flight, do a magnification 
inspection for any cracking and deformation of the safety valve and 
airplane bulkhead flange area, in accordance with paragraphs 
2.B.(4)(a) and 2.B.(4)(b) of the Accomplishment Instructions of the 
applicable service information specified in figure 1 to paragraphs 
(g) and (h) of this AD.
    (i) If no cracking and deformation is found on the safety valve 
and airplane bulkhead flange, do the actions specified in paragraphs 
(h)(2)(i)(A) and (B) of this AD.
    (A) Before further flight, re-install the safety valve and 
torque the V-band clamp trunnion nut, in accordance with paragraph 
2.B.(4)(c) of the Accomplishment Instructions of the applicable 
service information specified in figure 1 to paragraphs (g) and (h) 
of this AD.
    (B) Before August 31, 2021, replace the safety valve, in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
the applicable service information specified in figure 1 to 
paragraphs (g) and (h) of this AD.
    (ii) If any cracking or deformation is found on the safety 
valve: Before further flight, replace the safety valve, in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
the applicable service information specified in figure 1 to 
paragraphs (g) and (h) of this AD.
    (iii) If any cracking or deformation is found on the airplane 
bulkhead flange: Before further flight, repair using a method 
approved by the Manager, New York ACO Branch, FAA; or TCCA; or 
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using the following service 
information.
    (1) Bombardier Service Bulletin 700-21-5009, dated January 23, 
2020; and Bombardier Service Bulletin 700-21-5009, Revision 01, 
dated March 19, 2020.
    (2) Bombardier Service Bulletin 700-21-6009, dated January 23, 
2020; and Bombardier Service Bulletin 700-21-6009, Revision 01, 
dated March 19, 2020.

(j) 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 local Flight Standards District 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; fax 516-794-5531. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
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 TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by 
the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2020-16, dated May 15, 2020, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2020-0575.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email 
9-avs-nyaco-cos@faa.gov.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-21-5009, Revision 02, dated 
March 31, 2020.
    (ii) Bombardier Service Bulletin 700-21-6009, Revision 02, dated 
March 31, 2020.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email 
ac.yul@aero.bombardier.com; internet https://www.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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.


[[Page 41184]]


    Issued on June 18, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-14779 Filed 7-8-20; 8:45 am]
BILLING CODE 4910-13-P


