[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Proposed Rules]
[Pages 35686-35689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12623]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0677; Project Identifier MCAI-2021-01378-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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[[Page 35687]]

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This 
proposed AD was prompted by the investigation of erroneous radio 
altimeter data that was displayed on an in-service airplane. It was 
revealed that certain radio altimeter coaxial cables used by the radio 
altimeter systems, in the aft fuselage equipment bay, were damaged. 
This proposed AD would require replacing affected radio altimeter 
coaxial cables. 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 July 28, 
2022.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 1-514-855-2999; 
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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0677; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
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-2022-0677; Project Identifier 
MCAI-2021-01378-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 
https://www.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 
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; 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 Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-45, dated December 7, 
2021 (TCCA AD CF-2021-45) (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-700-2A12 
airplanes. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0677.
    This proposed AD was prompted by the investigation of erroneous 
radio altimeter data that was displayed on an in-service airplane. It 
was revealed that certain radio altimeter coaxial cables, from Radio 
Altimeters A28 and A29 to antennas, have been reported damaged, due 
their light weight construction, and their proximity to the access door 
on the eBay. The FAA is proposing this AD to address the damage to or 
kinks in the radio altimeter coaxial cables which could lead to signal 
loss or degradation, and possibly un-annunciated loss of terrain 
awareness warning system aural cues during approach. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-91-7502, Revision 01, 
dated August 31, 2020. This service information describes procedures 
for replacing affected radio altimeter coaxial cables. The replacement 
includes removing the existing radio altimeter coaxial cables, 
replacing with new coaxial cables, installing new clamps to accommodate 
the coaxial bend radius along the coaxial routing, and re-routing new 
radio altimeter coaxial cables from the wing to fuselage fairing, in 
the left and right aft fuselage, and in the aft fuselage belly fairing.
    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 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.

[[Page 35688]]

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 27 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
70 work-hours x $85 per hour = $5,950........................         $13,808          $19,758         $533,466
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:



Bombardier, Inc.: Docket No. FAA-2022-0677; Project Identifier MCAI-
2021-01378-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 28, 2022.

(b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12 
airplanes, serial numbers 70006 through 70053 inclusive, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by the investigation of erroneous radio 
altimeter data that was displayed on an in-service airplane. It was 
revealed that certain radio altimeter coaxial cables in the aft 
fuselage equipment bay were damaged. The FAA is issuing this AD to 
address damage to or kinks in the radio altimeter coaxial cables, 
which could lead to signal loss or degradation, and possibly un-
annunciated loss of terrain awareness warning system aural cues 
during approach.

(f) Compliance

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

(g) Replacement of Radio Altimeter Coaxial Cables

    Within 12 months after the effective date of this AD, replace 
affected radio altimeter coaxial cables, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 700-91-
7502, Revision 01, dated August 31, 2020, except as specified in 
paragraph (h) of this AD.

(h) No Reporting Requirement

    Although Bombardier Service Bulletin 700-91-7502, Revision 01, 
dated August 31, 2020, specifies to submit certain information to 
the manufacturer, this AD does not include that requirement.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the service information identified in 
Bombardier Service Bulletin 700-91-7502, dated February 6, 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 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 Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by

[[Page 35689]]

the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-45, dated December 7, 2021, for related 
information 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-2022-0677.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; email [email protected].
    (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 1-514-855-2999; 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.

    Issued on June 6, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-12623 Filed 6-10-22; 8:45 am]
BILLING CODE 4910-13-P


