[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Proposed Rules]
[Pages 11667-11670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03745]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0101; Project Identifier MCAI-2020-01084-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-100-1A10 airplanes. This 
proposed AD was prompted by a report that the inboard multi-function 
spoiler (MFS) surfaces failed to deploy, which was caused by missing 
notches on the piston seal of the MFS power control units (PCUs). This 
proposed AD would require an inspection to determine if affected MFS 
PCUs are installed, and replacement of affected MFS PCUs. 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., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 2A3, Canada; North America toll-free phone: 1-866-538-1247 or 
direct-dial phone: 1-514-855-2999; email: <a href="/cdn-cgi/l/email-protection#3e5f5d10474b527e5f5b4c51105c51535c5f4c5a575b4c105d5153"><span class="__cf_email__" data-cfemail="f59496db8c8099b59490879adb979a98979487919c9087db969a98">[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-
0101; 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: Siddeeq Bacchus, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 
516-228-7362; fax: 516-794-5531; email: <a href="/cdn-cgi/l/email-protection#5f66723e292c7231263e3c30723c302c1f393e3e71383029"><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-2021-0101; Project Identifier 
MCAI-2020-01084-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

[[Page 11668]]

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; phone: 516-228-7362; fax: 516-
794-5531; email: <a href="/cdn-cgi/l/email-protection#083125697e7b256671696b67256b677b486e6969266f677e"><span class="__cf_email__" data-cfemail="dde4f0bcabaef0b3a4bcbeb2f0beb2ae9dbbbcbcf3bab2ab">[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-2020-26, dated August 4, 
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-100-1A10 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-2021-0101.
    This proposed AD was prompted by a report that the inboard MFS 
surfaces failed to deploy, which was caused by missing notches on the 
piston seal of the MFS PCUs. The FAA is proposing this AD to address 
MFS PCUs with improperly configured piston seals, which could cause 
degraded proportional lift dumping (PLD) function and could hinder the 
airplane from carrying out an emergency descent, resulting in 
structural damage and injury to occupants. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information. This 
service information describes procedures for an inspection to determine 
if affected MFS PCUs are installed, and replacement of affected MFS 
PCUs. These documents are distinct since they apply to different 
airplane configurations.
    <bullet> Bombardier Service Bulletin 100-27-17, Revision 03, dated 
June 19, 2020.
    <bullet> Bombardier Service Bulletin 350-27-010, dated June 19, 
2020.
    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 630 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 19 work-hours x $85 per hour =   Up to $19,600 (up to 4   Up to $21,215 (up to 4   Up to $13,365,450 (up
 Up to $1,615.                          MFS PCUs per airplane).  MFS PCUs per airplane).  to 4 MFS PCUs per
                                                                                          airplane).
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    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) 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.

[[Page 11669]]

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-2021-0101; Project Identifier MCAI-
2020-01084-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by April 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20457 inclusive, and 20501 through 22999 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report that the inboard multi-function 
spoiler (MFS) surfaces failed to deploy, which was caused by missing 
notches on the piston seal of the MFS power control units (PCUs). 
The FAA is issuing this AD to address MFS PCUs with improperly 
configured piston seals, which could cause degraded proportional 
lift dumping (PLD) function. This condition could hinder the 
airplane from carrying out an emergency descent, resulting in 
structural damage and injury to occupants.

(f) Compliance

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

(g) Definition of Affected Part

    For the purpose of this AD, an affected MFS PCU is an MFS PCU 
that has a serial number of 0001 through 1410 inclusive, except for 
those MFS PCUs having the serial numbers listed in figure 1 to 
paragraph (g) of this AD and except for those with the suffix ``A'' 
at the end of the serial number (i.e., serial number 1025A).
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(h) Required Actions

    (1) Within 12 months after the effective date of this AD: Do an 
inspection to determine if affected MFS PCUs are installed on the 
airplane in accordance with Paragraph 2.B. of Bombardier Service 
Bulletin 100-27-17, Revision 03, dated June 19, 2020; or Bombardier 
Service Bulletin 350-27-010, dated June 19, 2020; as applicable. A 
review of airplane maintenance records is acceptable in lieu of this 
inspection if the serial number of the MFS PCU can be conclusively 
determined from that review.
    (2) Within 12 months after the effective date of this AD: 
Replace any affected MFS PCUs with MFS PCUs that are not affected, 
in accordance with Paragraphs 2.C., 2.D., 2.E., and 2.F., as 
applicable, of Bombardier Service Bulletin 100-27-17, Revision 03, 
dated June 19, 2020; or Bombardier Service Bulletin 350-27-010, 
dated June 19, 2020; as applicable.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected MFS PCU, on any airplane.

(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; phone: 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-26, dated August 4, 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-2021-0101.
    (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; phone: 516-228-7362; fax: 516-794-5531; email: 
<a href="/cdn-cgi/l/email-protection#033a2e6275702e6d7a62606c2e606c70436562622d646c75"><span class="__cf_email__" data-cfemail="d5ecf8b4a3a6f8bbacb4b6baf8b6baa695b3b4b4fbb2baa3">[email protected]</span></a>.
    (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 phone: 1-866-
538-1247 or direct-dial phone: 1-514-855-2999; email: 
<a href="/cdn-cgi/l/email-protection#ccadafe2b5b9a08cada9bea3e2aea3a1aeadbea8a5a9bee2afa3a1"><span class="__cf_email__" data-cfemail="caaba9e4b3bfa68aabafb8a5e4a8a5a7a8abb8aea3afb8e4a9a5a7">[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 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03745 Filed 2-25-21; 8:45 am]
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