DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0995; Project Identifier MCAI-2021-01365-T;
Amendment 39-22269; AD 2022-25-13]
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-700-1A10 and BD-700-1A11 airplanes.
This AD was prompted by reports of the passenger door failing to dampen
during opening at regularly scheduled maintenance checks, causing the
door to open more rapidly than normal. An investigation found that a
contributing factor was erroneous aircraft maintenance manual (AMM)
procedures. This AD prohibits using certain versions of certain AMM
tasks for the passenger door. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective January 13, 2023.
ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov
under Docket No. FAA-2022-0995; 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.
FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email 9-avs-nyaco-cos@faa.gov.
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-700-1A10 and BD-700-1A11 airplanes. The NPRM published
in the Federal Register on August 12, 2022 (87 FR 49799). The NPRM was
prompted by AD CF-2021-41, dated November 24, 2021, issued by Transport
Canada, which is the aviation authority for Canada (referred to after
this as the MCAI). The MCAI states that there have been reports of the
passenger door failing to dampen during opening at regularly scheduled
maintenance checks, causing the door to open more rapidly than normal.
An investigation found that a contributing factor was erroneous AMM
procedures.
In the NPRM, the FAA proposed to prohibit using certain versions of
certain AMM tasks for the passenger door. The FAA is issuing this AD to
prevent rapid opening of the passenger door, which can result in damage
to the door and consequent injury to maintenance personnel.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0995.
Discussion of Final Airworthiness Directive Comments
The FAA received one comment from an individual. The following
presents the comment received on the NPRM and the FAA's response.
Request for Earlier Date of Compliance
The commenter asked that the compliance time in the proposed AD be
changed to state that within 30 days, check to confirm that all the
tasks in figure 1 to paragraph (g) of this AD were not issued prior to
May 19, 2021, and make a logbook entry accordingly. The commenter
stated that the current compliance method seems rather odd. The
commenter asked if the compliance method means waiting until one of the
tasks in figure 1 is accomplished, and then making an aircraft logbook
entry that the task was not issued prior to May 19, 2021.
The FAA agrees to clarify. The AMM tasks related to passenger door
maintenance have been corrected, and only versions of these tasks dated
May 19, 2021, or later have the correct procedures. Therefore, this AD
requires that maintenance tasks identified in figure 1 to paragraph (g)
of this AD must be done using versions issued on or after May 19, 2021.
This requirement remains in effect following the compliance time (30
days after the effective date of this AD), and compliance must be shown
for each occurrence. The FAA has not changed this AD in this regard.
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, considered the
comment received, 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,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Costs of Compliance
The FAA estimates that this AD affects 408 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated costs for required actions
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$34,680
|
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
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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