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2023-20-10 BOMBARDIER, INC.: Amendment 39-22569; Docket No. FAA-2023-1493; Project Identifier MCAI-2022-01105-T.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective November 21, 2023.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to Bombardier, Inc., Model BD-700-2A12 airplanes, cer-
    tificated in any category,  serial numbers  70006 through 70129 inclu-
    sive.

(d) SUBJECT

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

(e) UNSAFE CONDITION

    This  AD was  prompted by  a report  that some  of the  multi-function
    spoiler (MFS)  anti-rotation plates  failed in-service  due to  a thin
    wall design. The FAA is  issuing this AD to address  MFS anti-rotation
    plate failures. The unsafe  condition, if not addressed,  could result
    in wear and  failure of the  inboard and outboard  spoiler hinge pins,
    possibly  resulting  in a  hinge  no longer  supporting  the load,  or
    unintended  asymmetrical  spoiler   deployment,  leading  to   reduced
    controllability of the airplane, or loss of control of the airplane.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) REPLACEMENT AND INSPECTION

(1) Within 36 months after the effective date of this AD, replace the left
    and right MFS No. 1, MFS No. 2, and MFS No. 3 anti-rotation plate part
    number (P/N) G05770140-103  and  P/N G05770160-101 with P/N G05770140-
    105, including inspecting the MFS anti-rotation plates  for any crack-
    ing and the hinge bolts  for any evidence of rotation,  in  accordance
    with Part 2.B. of the Accomplishment Instructions  of Bombardier Serv-
    ice Bulletin 700-27-7504,  Revision 01,  dated  July 11, 2022.  If any
    cracking or evidence of rotation is found,  before further flight, re-
    pair using a method approved  in accordance with the procedures speci-
    fied in paragraph (i)(1) of this AD.

(2) Before further flight  after  accomplishing  the actions  specified in
    paragraph (g)(1) of this AD:  Perform a functional test  (stop-to-stop
    check) of the MFS control-surfaces in accordance with Step 2.C. (3) of
    the Accomplishment Instructions of Bombardier Service Bulletin 700-27-
    7504, Revision 01, dated July 11, 2022.

(h) CREDIT FOR PREVIOUS ACTIONS

    This paragraph provides credit  for actions  required by paragraph (g)
    of this AD,  if those actions were performed before the effective date
    of this AD using Bombardier Service Bulletin 700-27-7504,  dated March
    2, 2022.

(i) ADDITIONAL AD PROVISIONS

    The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs):  The Manager, International
    Validation 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 in-
    spector or  responsible Flight Standards Office,  as  appropriate.  If
    sending information directly to the manager of the International Vali-
    dation Branch,  mail it to the address  identified in paragraph (j)(2)
    of this AD.  Information  may  be emailed to: 9-avs-nyaco-cos@faa.gov.
    Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking a principal inspector,  the manager of the respon-
    sible Flight Standards Office.

(2) Contacting the Manufacturer:  For any requirement in this AD to obtain
    instructions from a manufacturer,  the  instructions  must  be  accom-
    plished using a method approved by the Manager,  International Valida-
    tion Branch, FAA;  or Transport Canada or Bombardier, Inc.'s Transport
    Canada Design Approval Organization (DAO). If approved by the DAO, the
    approval must include the DAO-authorized signature.

(j) ADDITIONAL INFORMATION

(1) Refer to Transport Canada AD CF-2022-47R1, dated October 11, 2022, for
    related information.  This Transport Canada AD  may be found in the AD
    docket at regulations.gov under Docket No. FAA-2023-1493.

(2) For more information about this AD contact Yaser Osman, Aviation Safe-
    ty Engineer, FAA,  1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
    telephone 516-228-7300; email 9-avs-nyaco-cos@faa.gov.

(3) Service information identified in this AD  that is not incorporated by
    reference is available at the addresses specified in paragraphs (k)(3)
    and (4) of this AD.

(k) MATERIAL INCORPORATED BY REFERENCE

(1) The Director of the Federal Register  approved  the  incorporation  by
    reference of the service information  listed in this paragraph under 5
    U.S.C. 552(a) and 1 CFR part 51.

(2) You must use this service information as applicable  to do the actions
    required by this AD, unless this AD specifies otherwise.

(i) Bombardier Service Bulletin 700-27-7504,  Revision 01,  dated July 11,
    2022.

(ii) [Reserved]

(3) For service information identified in this AD, contact Bombardier Bus-
    iness 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.

(4) You may view this service information at the FAA,  Airworthiness Prod-
    ucts Section, Operational Safety Branch,  2200 South 216th Street, Des
    Moines, WA.  For information  on the availability  of this material at
    the FAA, call 206-231-3195.

(5) You may view  this service information  that is incorporated by refer-
    ence at the National Archives and Records Administration  (NARA).  For
    information on the availability  of this material  at NARA,  email fr.
    inspection@nara.gov,  or go to: www.archives.gov/federal-register/cfr/
    ibr-locations.html.

Issued on October 4, 2023.  Victor Wicklund, Deputy Director, Compliance &
Airworthiness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Yaser Osman,  Aviation  Safety  Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228
-7300; email 9-avs-nyaco-cos@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1493; Project Identifier MCAI-2022-01105-T;
Amendment 39-22569; AD 2023-20-10]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was
prompted by a report that some of the multi-function spoiler (MFS)
anti-rotation plates failed in-service due to a thin wall design. This
AD requires replacing the MFS anti-rotation plates, inspecting the MFS
anti-rotation plates for cracking and hinge bolts for evidence of
rotation, accomplishing applicable corrective actions, and performing a
functional test of the MFS control surfaces. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective November 21, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 21,
2023.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1493; 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.
Material Incorporated by Reference:
For service information identified in this final rule,
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. It is also available at
regulations.gov under Docket No. FAA-2023-1493.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer,
FAA, 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 serial-numbered
Bombardier, Inc., Model BD-700-2A12 airplanes. The NPRM published in
the Federal Register on July 14, 2023 (88 FR 45121). The NPRM was
prompted by AD CF-2022-47R1, dated October 11, 2022, issued by
Transport Canada, which is the aviation authority for Canada (referred
to after this as ``the MCAI''). The MCAI states that a report was
received that some of the MFS anti-rotation plates failed in-service
due to a thin wall design. The MFS anti-rotation plates were designed
with overlapping tolerances on the inside and outside diameters, which
allows for an extremely thin wall thickness once machined.
In the NPRM, the FAA proposed to require replacing the MFS anti-
rotation plates, inspecting the MFS anti-rotation plates for cracking
and hinge bolts for evidence of rotation, accomplishing applicable
corrective actions, and performing a functional test of the MFS control
surfaces. The FAA is issuing this AD to address MFS anti-rotation plate
failures. The unsafe condition, if not addressed, could result in wear
and failure of the inboard and outboard spoiler hinge pins, possibly
resulting in a hinge no longer supporting the load, or unintended
asymmetrical spoiler deployment, leading to reduced controllability of
the airplane, or loss of control of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1493.

Discussion of Final Airworthiness Directive

Comments

The FAA received no comments on the NPRM or on the determination of
the cost to the public.

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 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. This AD is adopted as proposed in the
NPRM.

Related Service Information Under 1 CFR Part 51


The FAA reviewed Bombardier Service Bulletin 700-27-7504, Revision
01, dated July 11, 2022. This service information specifies procedures
for replacing the left and right MFS No. 1, MFS No. 2, and MFS No. 3
anti-rotation plate part number (P/N) G05770140-103 and P/N G05770160-
101 with P/N G05770140-105. In addition, one of the procedural steps is
to inspect the MFS anti-rotation plates for cracking and the hinge bolt
for any evidence of rotation, and repair or replacement. This service
information also specifies procedures for performing a functional test
(stop-to-stop check) of the MFS control-surfaces.
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 42 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. perators
3 work-hours x $85 per hour = $255
$2,000
$2,255
$94,710

The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs or replacements specified in
this AD.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

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: