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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0859; Product Identifier 2020-NM-084-AD; Amendment
39-21413; AD 2021-03-10]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by reports of failure of a certain fire detection and
extinguishing (FIREX) control unit. This AD requires replacing FIREX
control units having a certain part number. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD is effective March 31, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 31,
2021.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 Cote Vertu Road
West, Dorval, Quebec H4S 2A3, Canada; North America toll-free
telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; email
ac.yul@aero.bombardier.com; 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-2020-0859.
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-2020-
0859; 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: 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 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-12, dated April 17,
2020 (TCCA AD CF-2020-12) (also referred to 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-2020-0859.
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-100-1A10 airplanes. The NPRM published in the Federal
Register on October 1, 2020 (85 FR 61881). The NPRM was prompted by
reports of failure of a certain FIREX control unit. The NPRM proposed
to require replacing FIREX control units having a certain part number.
The FAA is issuing this AD to address the failure of a FIREX control
unit, which could result in the loss of the ability to detect a fire.
See the MCAI for additional background information.
Comment
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to that comment.
Request To Allow Records Review
NetJets requested that paragraph (i) of the proposed AD be revised
to allow operators to review airplane maintenance records to determine
the part number of the FIREX control unit installed on an airplane. The
commenter stated that for the airplane having serial number (S/N) 20662
the logbook delivery document specifies that the -3 FIREX control unit
is installed. The commenter explained that there is not a signoff sheet
for Bombardier Service Bulletin 350-26-001, but that the serialized
parts list clearly indicates that the -3 FIREX control unit is
installed.
The FAA disagrees with the commenter's request because this AD does
not mandate the method an operator must use to determine what FIREX
control unit part number is installed on an airplane. As specified in
paragraph (c) of this AD, this AD is only applicable to Bombardier,
Inc., Model BD-100-1A10 airplanes fitted with FIREX control unit part
number (P/N) 474112-2. If an operator is able to confirm that FIREX
control unit P/N 474112-3 is installed on an airplane the requirements
of this AD are not applicable to that airplane. This AD requires
operators to remove FIREX P/N 474112-2 and install P/N 474112-3. The
FAA has not changed this AD in regard to this issue.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for 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.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Service Bulletin 100-26-01, Revision 01,
dated December 5, 2019; and Service Bulletin 350-26-001, Revision 01,
dated December 5, 2019. This service information describes procedures
for replacing FIREX control units having P/N 474112-2 with units having
P/N 474112-3. These documents are distinct since they apply to
different airplane configurations. 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 223 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost
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Parts cost
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Cost per
product
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Cost on
U.S. operators
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| 1 work-hour x $85 per hour =
$85 |
$6,389
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$6,474
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$1,443,702
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According to the manufacturer, some
or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. 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
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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