AD 2021-09-17

[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Rules and Regulations]
[Pages 27028-27031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-10467]


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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; 
Amendment 39-21531; AD 2021-09-17]
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 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 AD requires an 
inspection to determine if affected MFS PCUs are installed, and 
replacement of affected MFS PCUs. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective June 23, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 23, 
2021.

ADDRESSES: For service information identified in this final rule, 
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#1574763b6c6079557470677a3b777a78777467717c70673b767a78"><span class="__cf_email__" data-cfemail="4a2b2964333f260a2b2f382564282527282b382e232f3864292527">[email&#160;protected]</span></a>; internet: <a href="https://www.bombardier.com">https://www.bombardier.com</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0101.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 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; phone: 
516-228-7362; fax: 516-794-5531; email: <a href="/cdn-cgi/l/email-protection#0d34206c7b7e2063746c6e62206e627e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="e2dbcf839491cf8c9b83818dcf818d91a2848383cc858d94">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-26, dated August 4, 
2020 (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2021-0101.
    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 February 26, 2021 (86 FR 11667). The NPRM 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 NPRM 
proposed to require an inspection to determine if affected MFS PCUs are 
installed, and replacement of affected MFS 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. See 
the MCAI for additional background information.

[[Page 27029]]

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> 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 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.

Costs of Compliance

    The FAA estimates that this AD affects 630 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
----------------------------------------------------------------------------------------------------------------
Up to 19 work[dash]hours x $85 per     Up to $19,600 (up to 4   Up to $21,215 (up to 4   Up to $13,365,450 (up
 hour = 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 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

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:

2021-09-17 Bombardier, Inc.: Amendment 39-21531; Docket No. FAA-
2021-0101; Project Identifier MCAI-2020-01084-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 23, 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).

[[Page 27030]]

[GRAPHIC] [TIFF OMITTED] TR19MY21.003

(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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2021-0101.
    (2) For more information about this AD, contact Siddeeq Bacchus, 
Aerospace

[[Page 27031]]

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#4e77632f383d6320372f2d21632d213d0e282f2f60292138"><span class="__cf_email__" data-cfemail="7a43571b0c095714031b1915571915093a1c1b1b541d150c">[email&#160;protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 100-27-17, Revision 03, dated 
June 19, 2020.
    (ii) Bombardier Service Bulletin 350-27-010, dated June 19, 
2020.
    (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#4120226f38342d012024332e6f232e2c232033252824336f222e2c"><span class="__cf_email__" data-cfemail="9cfdffb2e5e9f0dcfdf9eef3b2fef3f1fefdeef8f5f9eeb2fff3f1">[email&#160;protected]</span></a>; internet: <a href="https://www.bombardier.com">https://www.bombardier.com</a>.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email <a href="/cdn-cgi/l/email-protection#9cfaf9f8eef9fbb2f0f9fbfdf0dcf2fdeefdb2fbf3ea"><span class="__cf_email__" data-cfemail="d5b3b0b1a7b0b2fbb9b0b2b4b995bbb4a7b4fbb2baa3">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on April 23, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10467 Filed 5-18-21; 8:45 am]
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