[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11191-11193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03585]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0030; Project Identifier MCAI-2020-01395-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 certain Bombardier, Inc., Model BD-700-1A10 airplanes. This 
proposed AD was prompted by a report indicating that during 
installation, a fuel pipe bracket assembly on the intermediate rib in 
the center fuel tank was mislocated, resulting in an offset between the 
fitting assembly and the refuel/defuel tube assembly. This proposed AD 
would require modification of the fuel pipe bracket assembly, including 
all related investigative actions and corrective actions, if necessary; 
and performing an operational test of the refuel and defuel system. 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 April 12, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email 
<a href="/cdn-cgi/l/email-protection#5c283438723f2e361c3d392e33723e33313e3d2e3835392e723f3331"><span class="__cf_email__" data-cfemail="b8ccd0dc96dbcad2f8d9ddcad796dad7d5dad9cadcd1ddca96dbd7d5">[email protected]</span></a>; internet http://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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0030; 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. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7362; fax 516-794-5531; email <a href="/cdn-cgi/l/email-protection#497064283f3a642730282a26642a263a092f2828672e263f"><span class="__cf_email__" data-cfemail="ae9783cfd8dd83c0d7cfcdc183cdc1ddeec8cfcf80c9c1d8">[email protected]</span></a>.

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-2021-0030; Project Identifier 
MCAI-2020-01395-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any

[[Page 11192]]

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 proposed AD.

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 
Siddeeq Bacchus, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7362; fax 516-
794-5531; email <a href="/cdn-cgi/l/email-protection#ecd5c18d9a9fc182958d8f83c18f839fac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="370e1a5641441a594e5654581a5458447751565619505841">[email protected]</span></a>. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-37, dated October 9, 
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 airplanes. You may examine the MCAI 
in the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0030.
    This proposed AD was prompted by a report indicating that during 
installation, a fuel pipe bracket assembly on the intermediate rib in 
the center fuel tank was mislocated, resulting in an offset between the 
fitting assembly and the refuel/defuel tube assembly. The FAA is 
proposing this AD to address the offset, which could cause a preload on 
the fuel pipes and reduce their ability to absorb shock or vibration-
induced loads, making the tube and clamp more prone to stress corrosion 
cracking. This could lead to failure of the coupling and the bracket 
and p-clamp assembly, resulting in fuel leakage and loss of electrical 
bonding between fuel pipes, and lightning-induced sparking that could 
induce fuel ignition. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 700-28-6006, dated June 1, 
2020. This service information describes procedures for a modification 
of the fuel pipe bracket assembly, including investigative actions (a 
detailed visual inspection of the fuel pipe assembly for any damaged 
paint, permanent deformation, corrosion, cracking, gouges, dents, or 
deep scratches); installation of certain new parts; replacement of the 
fuel pipe and fuel pipe bracket assembly, if necessary; and an 
operational test of the refuel and defuel system. 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.

Proposed Requirements of This NPRM

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

Costs of Compliance

    The FAA estimates that this proposed AD affects 51 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
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850..........................            $904           $1,754          $89,454
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    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255......          $1,937          $2,192
------------------------------------------------------------------------


[[Page 11193]]

    According to the manufacturer, some or all of the costs of this 
proposed 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 the 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 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) 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 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-2021-0030; Project Identifier MCAI-
2020-01395-T.

(a) Comments Due Date

    The FAA must receive comments by April 12, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 
airplanes, certificated in any category, serial numbers 9657 through 
9844 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report indicating that during 
installation, a fuel pipe bracket assembly on the intermediate rib 
in the center fuel tank was mislocated, resulting in an offset 
between the fitting assembly and the refuel/defuel tube assembly. 
The FAA is issuing this AD to address the offset, which could cause 
a preload on the fuel pipes and reduce their ability to absorb shock 
or vibration-induced loads, making the tube and clamp more prone to 
stress corrosion cracking. This could lead to failure of the 
coupling and the bracket and p-clamp assembly, resulting in fuel 
leakage and loss of electrical bonding between fuel pipes, and 
lightning-induced sparking that could induce fuel ignition.

(f) Compliance

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

(g) Inspection and Corrective Action

    Within 30 months after the effective date of this AD: Perform a 
modification of the fuel pipe bracket assembly and refuel tube 
assembly; do all related investigative actions and applicable 
corrective actions; and perform an operational test of the refuel 
and defuel system; in accordance with paragraphs 2.B. and 2.C. of 
the Accomplishment Instructions of Bombardier Service Bulletin 700-
28-6006, dated June 1, 2020. All related investigative and 
corrective actions must be done before further flight.

(h) 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; fax 516-794-5531. 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 the DAO, the approval must include the DAO-authorized 
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-37, dated October 9, 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-2021-0030.
    (2) For more information about this AD, contact Siddeeq Bacchus, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7362; fax 516-794-5531; email 
<a href="/cdn-cgi/l/email-protection#60594d0116134d0e1901030f4d030f13200601014e070f16"><span class="__cf_email__" data-cfemail="dce5f1bdaaaff1b2a5bdbfb3f1bfb3af9cbabdbdf2bbb3aa">[email protected]</span></a>.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; email <a href="/cdn-cgi/l/email-protection#baced2de94d9c8d0fadbdfc8d594d8d5d7d8dbc8ded3dfc894d9d5d7"><span class="__cf_email__" data-cfemail="77031f135914051d37161205185915181a151605131e12055914181a">[email protected]</span></a>; internet http://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 February 4, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03585 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P


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