[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Rules and Regulations]
[Pages 12136-12139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03692]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1485; Project Identifier MCAI-2022-00522-T; 
Amendment 39-22333; AD 2023-03-08]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was 
prompted by a report that certain fasteners attaching the fuselage skin 
to a certain stringer may be missing. This AD requires inspecting for 
missing fasteners and

[[Page 12137]]

damage, including cracking, of the affected area, and repair or 
installation of fasteners if necessary. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective April 3, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 3, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1485; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact Bombardier Business Aircraft Customer Response Center, 400 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email bombardier.com">[email protected]bombardier.com; website 
bombardier.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2022-1485.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace 
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model BD-700-2A12 airplanes. The NPRM published in the Federal 
Register on November 25, 2022 (87 FR 72419). The NPRM was prompted by 
AD CF-2022-17, dated April 13, 2022, issued by Transport Canada, which 
is the aviation authority for Canada (referred to after this as the 
MCAI). The MCAI states that certain fasteners attaching the fuselage 
skin to stringer 19 between fuselage station (FS) FS945.75 and FS961.45 
may be missing. The affected area of the fuselage is a build-up of 
skin, stringers, and frames, and is identified as a principal 
structural element for which missing fasteners could significantly 
reduce safety margins.
    In the NPRM, the FAA proposed to require inspecting for missing 
fasteners and damage, including cracking, of the affected area, and 
repair or installation of fasteners if necessary. The FAA is issuing 
this AD to address missing fasteners, which may subject the skin to 
inter-rivet buckling under compressive load. The unsafe condition, if 
not addressed, could create a hazard of permanent deformation and/or 
cracking of the skin.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1485.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Additional Changes Made to This AD

    The FAA has revised paragraph (g) of this AD to clarify that, if 
any damage or missing fasteners are found, the damage must be repaired 
or the fasteners installed before further flight. In the NPRM, the FAA 
inadvertently left out the compliance time for this action. However, as 
stated in the NPRM, the affected area is identified as a principal 
structural element for which missing fasteners could significantly 
reduce safety margins. Further, missing fasteners may create a hazard 
of permanent deformation and/or cracking of the skin. Therefore, damage 
needs to be repaired and missing fasteners need to be installed before 
further flight to address the identified unsafe condition.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, and any other changes described 
previously, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-53-7547, dated 
July 21, 2021. This service information specifies procedures for 
inspecting the affected area of the fuselage skin attached to stringer 
19 between FS945.75 and FS961.45 for missing fasteners and associated 
damage, and for installing missing fasteners and repairing any damage. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 11 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425           $4,675
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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:

[[Page 12138]]



                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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27 work-hours x $85 per hour = $2,295.          $5,792           $8,087
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

2023-03-08 Bombardier, Inc.: Amendment 39-22333; Docket No. FAA-
2022-1485; Project Identifier MCAI-2022-00522-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12 
airplanes, certificated in any category, serial numbers 70020 
through 70039 inclusive, 70041, 70046, and 70047.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that certain fasteners 
attaching the fuselage skin to a certain stringer may be missing. 
The FAA is issuing this AD to address missing fasteners, which may 
subject the skin to inter-rivet buckling under compressive load. The 
unsafe condition, if not addressed, could create a hazard of 
permanent deformation and/or cracking of the skin.

(f) Compliance

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

(g) Required Actions

    Within 32 months from the effective date of this AD: Do a 
detailed visual inspection for missing fasteners and damage, 
including cracking, in the fuselage skin attached to stringer 19 
between fuselage station (FS) FS945.75 and FS961.45. If any damage 
or missing fasteners are found: Before further flight, repair any 
damage found, and install fasteners where missing, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
700-53-7547, dated July 21, 2021.

(h) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the responsible Flight 
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada; or Bombardier, Inc.'s Transport 
Canada Design Approval Organization (DAO). If approved by the DAO, 
the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to Transport Canada AD CF-2022-17, dated April 13, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-1485.
    (2) For more information about this AD, contact Jiwan 
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7300; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-53-7547, dated July 21, 
2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Bombardier Business Aircraft Customer Response Center, 400 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email bombardier.com">[email protected]bombardier.com; website 
bombardier.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section,

[[Page 12139]]

Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03692 Filed 2-24-23; 8:45 am]
BILLING CODE 4910-13-P


