[Federal Register Volume 87, Number 117 (Friday, June 17, 2022)]
[Rules and Regulations]
[Pages 36383-36387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13096]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Rules 
and Regulations  

[[Page 36383]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0832; Project Identifier MCAI-2020-01550-T; 
Amendment 39-22067; AD 2022-11-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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 reports of internal corrosion on the inboard 
flaps found prior to regularly scheduled maintenance checks. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate a certain aircraft maintenance manual (AMM) 
task. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective July 22, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 22, 
2022.

ADDRESSES: 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; 514-
855-2999; email [email protected]; internet https://www.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 on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0832.

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-2021-
0832; 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, 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.

FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, 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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-49R1, dated May 20, 
2021 (TCCA AD CF-2020-49R1) (also 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 in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0832.
    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-700-1A10 and BD-700-1A11 airplanes. The NPRM published 
in the Federal Register on September 27, 2021 (86 FR 53246). The NPRM 
was prompted by reports of internal corrosion on the inboard flaps 
found prior to regularly scheduled maintenance checks. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate a certain AMM task. The FAA is 
issuing this AD to address internal corrosion on the inboard flaps, 
which could result in reduced structural integrity, detachment of the 
flap, and consequent reduced controllability of the airplane. See the 
MCAI for additional background information.

Comments

    The FAA received comments from an individual who supported the NPRM 
without change.
    The FAA received comments from Bombardier, Inc., and NetJets QC. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Change Address for Obtaining Service Information

    Bombardier asked that the address for obtaining its service 
information be updated. Bombardier stated that its contact information 
has changed since issuance of the NPRM.
    The FAA agrees with the commenter and have changed the address for 
obtaining service information throughout this final rule accordingly.

Request To Clarify Why AMM Task Number Was Used

    NetJets QC asked if there is a reason why the AMM task number was 
used instead of the time limits maintenance checks (TLMC) task number.
    The FAA acknowledges the commenter's request for clarification. 
TCCA AD CF-2020-49R1 references TLMC tasks for Models BD-700-1A10 and 
BD-700-1A11, but Part 3 of the TLMC document specifies that all tasks 
in that section are Maintenance Review Board Report (MRBR) tasks. The 
FAA cannot require MRBR tasks because those tasks do not provide 
precise instructions on how the tasks must be done. Therefore, the AMM 
task for each airplane model is referenced in this AD, and the FAA has 
not changed this AD in this regard.

Request To Refer to Most Recent AMM Revision Level

    Bombardier asked that the AMM task revision levels identified in 
the NPRM be changed, as there have been recent improvements to the 
documents. Bombardier added that credit for the revisions currently 
listed should also be included in the proposed AD. Bombardier noted 
that the referenced AMM revision levels were revised

[[Page 36384]]

during the public comment period of the NPRM.
    The FAA disagrees with the commenter's request. This AD requires 
incorporating the information provided in the referenced AMM revisions 
specified in figure 1 to paragraph (g) of this AD. The language in 
paragraph (g) of this AD allows the incorporation of the specific 
information, regardless of the AMM revision level in use, provided the 
language is identical to the information provided in Task 57-51-00-290-
801 specified in the applicable AMMs in specified in figure 1 to 
paragraph (g) of this AD. The language in a later revision of the 
applicable AMMs specified in figure 1 to paragraph (g) of this AD may 
be incorporated. Therefore, if operators incorporate later AMMs into 
the maintenance or inspection program, as applicable, they are in 
compliance with paragraph (g) of this AD. The FAA has confirmed that 
the revisions cited by the commenter are identical to the revisions 
specified in this AD.
    If the language provided in a later AMM revision is not identical 
to the language provided in the task specified in the applicable AMMs 
specified in figure 1 to paragraph (g) of this AD, operators must 
submit a request for approval of an alternate method of compliance 
(AMOC) with supporting data that demonstrates an acceptable level of 
safety for a task that differs from Task 57-51-00-290-801.
    The FAA has not changed this AD regarding this request.

Request To Change ``Unsafe Condition'' to ``Potential Unsafe 
Condition''

    Bombardier asked that the FAA change references to the ``unsafe 
condition'' in the preamble of the NPRM to ``potential unsafe 
condition.'' Bombardier provided no justification for this request.
    The FAA disagrees with the commenter's request. The definition of 
the unsafe condition in this final rule was determined by findings of 
internal corrosion on the inboard flaps. In addition, the unsafe 
condition was addressed in the background section of TCCA AD CF-2020-
49R1. Stating that there is potential for an unsafe condition is 
misleading as it would imply that corrosion wasn't found previously. 
Therefore, the FAA has not changed this final rule regarding this 
request.

Request To Change Description of the Unsafe Condition in Paragraph (e) 
of the Proposed AD

    Bombardier asked that the language describing the unsafe condition 
specified in paragraph (e) of the proposed AD be changed to add more 
detail, as follows: ``The FAA is issuing this AD to supplement 
operator's maintenance program by mandating a periodic inspection of 
the internal structures of the flaps to prevent a possible reduction in 
the structural integrity, detachment of the flap, and consequent 
reduced controllability of the airplane.'' Bombardier provided no 
justification for this request.
    The FAA disagrees with the commenter's request. The purpose of the 
description of the unsafe condition in paragraph (e) of this AD is to 
indicate why a problem is unsafe and the possible results and ultimate 
consequences if the unsafe condition is not corrected. The FAA is 
issuing this AD to address the unsafe condition by requiring revision 
of the existing maintenance or inspection program by mandating 
inspections of the internal structures of the flaps to address the 
internal corrosion. The FAA is not issuing this AD to ``supplement the 
operator's maintenance program by mandating a periodic inspection of 
the internal structures to prevent a possible reduction in the 
structural integrity.'' The FAA has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier issued the following service information. These 
documents describe amendments to the AMM to include inspections of the 
inboard flap internal ribs for corrosion. These documents are distinct 
since they apply to different airplane serial numbers.
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global Express Aircraft 
Maintenance Manual--Part Two, Publication No. BD-700 AMM, Revision 90, 
dated May 19, 2021. (For obtaining the task for the Bombardier Global 
Express AMM--Part Two, Publication No. BD-700 AMM, use Document 
Identification No. GL 700 AMM.)
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global Express XRS Aircraft 
Maintenance Manual--Part Two, Publication No. BD-700 XRS AMM, Revision 
68, dated May 19, 2021. (For obtaining the task for the Bombardier 
Global Express XRS AMM--Part Two, Publication No. BD-700 XRS AMM, use 
Document Identification No. GL XRS AMM.)
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 5000 Aircraft 
Maintenance Manual--Part Two, Publication No. BD-700 AMM, Revision 71, 
dated May 19, 2021. (For obtaining the task for the Bombardier Global 
5000 AMM--Part Two, Publication No. BD-700 AMM, use Document 
Identification No. GL 5000 AMM.)
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 5000 Featuring Global 
Vision Flight Deck Aircraft Maintenance Manual--Part Two, Publication 
No. GL 5000 GVFD AMM, Revision 38, dated May 19, 2021.
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 5500 Aircraft 
Maintenance Manual--Part Two--Publication No. GL 5500 AMM, Revision 7, 
dated May 19, 2021.
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 6000 Aircraft 
Maintenance Manual--Part Two, Publication No. GL 6000 AMM, Revision 39, 
dated May 19, 2021.
     Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 6500 Aircraft 
Maintenance Manual--Part Two, Publication No. GL 6500 AMM, Revision 8, 
dated May 19, 2021.
    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.

[[Page 36385]]

Costs of Compliance

    The FAA estimates that this AD affects 141 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the maintenance or inspection 
program 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

    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.

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:

2022-11-17 Bombardier, Inc.: Amendment 39-22067; Docket No. FAA-
2021-0832; Project Identifier MCAI-2020-01550-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 22, 2022.

(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 
9001 through 9879 inclusive, 9998, and 60001 through 60033 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by reports of internal corrosion on the 
inboard flaps found prior to regularly scheduled maintenance checks. 
The FAA is issuing this AD to address internal corrosion on the 
inboard flaps, which could result in reduced structural integrity, 
detachment of the flap, and consequent reduced controllability of 
the airplane.

(f) Compliance

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

(g) Revision of the Existing Maintenance or Inspection Program

    Within 30 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
include the information specified in Task 57-51-00-290-801, 
``Special Detailed Inspection of the Inboard-Flap Internal Ribs,'' 
of Subject 57-51-00, ``Flaps,'' in Chapter 57, ``Wings,'' of the 
applicable Bombardier Aircraft Maintenance Manual (AMM) identified 
in figure 1 to paragraph (g) of this AD and to include the following 
compliance times for Task 57-51-00-290-801: Within 60 months after 
the effective date of this AD (for the initial compliance time), and 
repeat thereafter at intervals not to exceed 60 months.
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[[Page 36386]]

[GRAPHIC] [TIFF OMITTED] TR17JN22.034

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(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 or 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 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. 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 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.

[[Page 36387]]

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-49R1, dated May 20, 2021, for related 
information. This MCAI may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0832.
    (2) For more information about this AD, contact Antariksh 
Shetty, 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].

(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.
    (i) Task 57-51-00-290-801, ``Special Detailed Inspection of the 
Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global Express Aircraft 
Maintenance Manual--Part Two, Publication No. BD-700 AMM, Revision 
90, dated May 19, 2021.
    Note 1 to paragraph (k)(2)(i): For obtaining the task for the 
Bombardier Global Express AMM--Part Two, Publication No. BD-700 AMM, 
use Document Identification No. GL 700 AMM.
    (ii) Task 57-51-00-290-801, ``Special Detailed Inspection of the 
Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global Express XRS Aircraft 
Maintenance Manual--Part Two, Publication No. BD-700 XRS AMM, 
Revision 68, dated May 19, 2021.
    Note 2 to paragraph (k)(2)(ii): For obtaining the task for the 
Bombardier Global Express XRS AMM--Part Two, Publication No. BD-700 
XRS AMM, use Document Identification No. GL XRS AMM.
    (iii) Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 5000 Aircraft 
Maintenance Manual--Part Two, Publication No. BD-700 AMM, Revision 
71, dated May 19, 2021.
    Note 3 to paragraph (j)(2)(iii): For obtaining the task for the 
Bombardier Global 5000 AMM--Part Two, Publication No. BD-700 AMM, 
use Document Identification No. GL 5000 AMM.
    (iv) Task 57-51-00-290-801, ``Special Detailed Inspection of the 
Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 5000 Featuring 
Global Vision Flight Deck Aircraft Maintenance Manual--Part Two, 
Publication No. GL 5000 GVFD AMM, Revision 38, dated May 19, 2021.
    (v) Task 57-51-00-290-801, ``Special Detailed Inspection of the 
Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 5500 Aircraft 
Maintenance Manual--Part Two, Publication No. GL 5500 AMM, Revision 
7, dated May 19, 2021.
    (vi) Task 57-51-00-290-801, ``Special Detailed Inspection of the 
Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 6000 Aircraft 
Maintenance Manual--Part Two, Publication No. GL 6000 AMM, Revision 
39, dated May 19, 2021.
    (vii) Task 57-51-00-290-801, ``Special Detailed Inspection of 
the Inboard-Flap Internal Ribs,'' of Subject 57-51-00, ``Flaps,'' in 
Chapter 57, ``Wings,'' of the Bombardier Global 6500 Aircraft 
Maintenance Manual--Part Two, Publication No. GL 6500 AMM, Revision 
8, dated May 19, 2021.
    (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; 
514-855-2999; email [email protected]; 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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-13096 Filed 6-16-22; 8:45 am]
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