DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0169; Project Identifier MCAI-2022-00462-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, and BD-700-1A11
airplanes. This proposed AD was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. This proposed
AD would require revising the existing maintenance or inspection
program, as applicable, to incorporate more restrictive airworthiness
limitations. 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 13,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0169; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For Bombardier service information identified in this
NPRM, contact Bombardier Business Aircraft Customer Response Center,
400 Cote-Vertu Road West, Dorval, Quebec H4S 1Y9, Canada;
telephone 514-855-2999; email ac.yul@aero.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.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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:

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-2023-0169; Project Identifier
MCAI-2022-00462-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
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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
Gabriel Kim, 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. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-15, dated April 7, 2022 (Transport
Canada AD CF-2022-15) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
1A10, and BD-700-1A11 airplanes. The MCAI states that during a design
review, it was discovered that three candidate certification
maintenance requirements (CCMRs) which were dispositioned as
maintenance review board report (MRBR) tasks had reached or exceeded
the limit for escalation and that exceeding the CCMR limitations could
result in unsafe conditions. The MCAI also states that Bombardier
issued certification maintenance requirements (CMRs) to prevent escalation and
reduce the interval, as applicable, for these tasks, which consist of a
functional test of the landing-gear emergency extension; an operational
test of the brake shutoff valve; and a visual check of the passenger-
door vent-flap mechanism.
The FAA is proposing this AD to address the following unsafe
conditions:
Dormant failure of the landing gear emergency extension
system, which could lead to failure to extend the landing gear when
normal gear extension has failed. This unsafe condition, if not
addressed, could result in an annunciated failure to extend both main
landing gears or all landing gears.
Dormant failure of the brake shut off valve in the open
state. This unsafe condition, if not addressed, could result in
uncommanded braking during take-off.
Dormant failure of the vent flap assembly where it fails
in the closed position, which could result in the failure to prevent
the initiation of cabin pressurization when the passenger door is not
fully closed, latched and locked. This unsafe condition, if not
addressed, could result in the passenger door opening under pressure on
ground or during flight.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0169.

Related Service Information Under 1 CFR Part 51

The FAA reviewed the following airplane maintenance manual (AMM)
tasks from Bombardier.
Tasks 32-34-00-101, ``Functional Test of the Landing-Gear
Emergency Extension;'' 32-43-25-101, ``Operational Test of the Brake
Shutoff Valve;'' and 52-11-00-106, ``Visual Check of the Passenger-Door
Vent-Flap Mechanism;'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Global Express Time Limits/Maintenance Checks (TLMC),
Publication No. BD-700 TLMC, Revision 34, dated March 1, 2022. (For
obtaining the tasks for Bombardier Global Express TLMC, Publication No.
BD-700 TLMC, use Document Identification No. GL 700 TLMC.)
Tasks 32-34-00-101, ``Functional Test of the Landing-Gear
Emergency Extension;'' 32-43-25-101, ``Operational Test of the Brake
Shutoff Valve;'' and 52-11-00-101, ``Visual Check of the Passenger-Door
Vent-Flap Mechanism;'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Global Express XRS TLMC, Publication No. BD-700 XRS TLMC,
Revision 21, dated March 1, 2022. (For obtaining the tasks for
Bombardier Global Express XRS TLMC, Publication No. BD-700 XRS TLMC,
use Document Identification No. GL XRS TLMC.)
Tasks 32-34-00-101, ``Functional Test of the Landing-Gear
Emergency Extension;'' 32-43-25-101, ``Operational Test of the Brake
Shutoff Valve;'' and 52-11-00-106, ``Visual Check of the Passenger-Door
Vent-Flap Mechanism;'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Global 5000 TLMC, Publication No. BD-700 TLMC, Revision 25,
dated March 1, 2022. (For obtaining the tasks for Bombardier Global
5000 TLMC, Publication No. BD-700 TLMC, use Document Identification No.
GL 5000 TLMC.)
Tasks 32-34-00-101, ``Functional Test of the Landing-Gear
Emergency Extension;'' 32-43-25-101, ``Operational Test of the Brake
Shutoff Valve;'' and 52-11-00-106, ``Visual Check of the Passenger-Door
Vent-Flap Mechanism;'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Global 5000 Featuring Global Vision Flight Deck (GVFD) TLMC,
Publication No. GL 5000 GVFD TLMC, Revision 15, dated March 1, 2022.
(For obtaining the tasks for Bombardier Global 5000 Featuring GVFD
TLMC, Publication No. GL 5000 GVFD TLMC, use Document Identification
No. GL 5000 GVFD TLMC.)
Tasks 32-34-00-101, ``Functional Test of the Landing-Gear
Emergency Extension;'' 32-43-25-101, ``Operational Test of the Brake
Shutoff Valve;'' and 52-11-00-106, ``Visual Check of the Passenger-Door
Vent-Flap Mechanism;'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Global 6000 TLMC, Publication No. GL 6000 TLMC, Revision 15,
dated March 1, 2022. (For obtaining the tasks for Bombardier Global
6000 TLMC, Publication No. GL 6000 TLMC, use Document Identification
No. GL 6000 TLMC.)
This service information specifies more restrictive airworthiness
limitations for CMRs. These documents are distinct since they apply to
different airplane models in different 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.

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 this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would require revising the existing maintenance or
inspection program as applicable to incorporate more restrictive
airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.

Differences Between This NPRM and the MCAI

Where Transport Canada AD CF-2022-15 references associated MRBRs
tasks, Figure 1 to paragraph (g) of this proposed AD references AMM
tasks instead. The FAA has determined that CCMRs cannot be mandated by
the FAA. However, equivalent AMM tasks may be mandated in lieu of
CCMRs.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 413 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

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.

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

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: