Proposed Rule2023-27387
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
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Published
December 19, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD was prompted by a determination that new or more restrictive maintenance tasks are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance tasks. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 242 (Tuesday, December 19, 2023)</title>
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[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87725-87730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27387]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2242; Project Identifier MCAI-2023-00704-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-100-1A10 airplanes. This
proposed AD was prompted by a determination that new or more
restrictive maintenance tasks are necessary. This proposed AD would
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive maintenance tasks.
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 February 2,
2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2242; 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:
[[Page 87726]]
<bullet> For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email <a href="/cdn-cgi/l/email-protection#bddcde93c4c8d1fddcd8cfd29381dc9dd5cfd8db80" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website <a href="http://bombardier.com">bombardier.com</a>.
<bullet> 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, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email <a href="/cdn-cgi/l/email-protection#1f26327e696c3271667e7c70327c706c5f797e7e31787069"><span class="__cf_email__" data-cfemail="b58c98d4c3c698dbccd4d6da98d6dac6f5d3d4d49bd2dac3">[email protected]</span></a>.
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-2023-2242; Project Identifier
MCAI-2023-00704-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
<a href="http://regulations.gov">regulations.gov</a>, 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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#261f0b4750550b485f4745490b4549556640474708414950"><span class="__cf_email__" data-cfemail="21180c4057520c4f5840424e0c424e52614740400f464e57">[email protected]</span></a>. 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-2023-34, dated May 25, 2023 (Transport
Canada AD CF-2023-34) (also referred to after this as the MCAI), to
correct an unsafe condition for all Bombardier, Inc., Model BD-100-1A10
airplanes. The MCAI states that new or more restrictive maintenance
tasks have been developed.
Airplanes with certain serial numbers were delivered after the
maintenance or inspection program was revised and must comply with the
airworthiness limitations specified as part of the approved type design
and referenced on the type certificate data sheet; this proposed AD
therefore does not include those airplanes in the applicability.
The FAA is proposing this AD to address failure or degradation of
the horizontal stabilizer trim actuator (HSTA) and motor brake
assembly. A failed or degraded HSTA or motor brake assembly could
result in loss of control of the airplane. You may examine the MCAI in
the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2242.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following Bombardier service information,
which describes new or more restrictive airworthiness limitation
maintenance tasks that specify inspection and overhaul of the HSTA and
add flight-cycle and flight-hour limitations.
<bullet> Sections 5-10-20, ``Time Limits--Supplementary
Limitations,'' and 5-10-40, ``Certification Maintenance Requirements,''
of part 2, ``Airworthiness Limitations,'' of the Bombardier Challenger
350 Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14,
2022, which include Task 27-40-00-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004 and
subs,'' and Task 27-41-05-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004/-005.''
<bullet> Sections 5-10-20, ``Time Limits--Supplementary
Limitations,'' and 5-10-40, ``Certification Maintenance Requirements,''
of part 2, ``Airworthiness Limitations,'' of the Bombardier Challenger
300 Time Limits/Maintenance Check, CH 300, Revision 23, dated June 14,
2022, which include Task 27-40-00-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004 and
subs,'' and Task 27-41-05-104*, ``Restoration (Overhaul) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004/-005.''
<bullet> Temporary Revision 5-2-31, dated January 31, 2023, which
includes Task 27-40-00-108**, ``Restoration (Inspection) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-003 and
subs.''
<bullet> Temporary Revision 5-2-102, dated January 31, 2023, which
includes Task 27-40-00-108**, ``Restoration (Inspection) of the
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-003 and
subs.''
These documents are distinct since they apply to different airplane
models.
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 ADDRESSES.
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, the
FAA has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive maintenance tasks.
This proposed AD would require revisions to certain operator
maintenance documents to add new actions (i.e., inspections) and
certain overhaul time limitations. Compliance with these actions is
required by 14 CFR 91.403(c). For airplanes that have been previously
modified, altered, or repaired
[[Page 87727]]
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.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 737 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
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:
Bombardier, Inc.: Docket No. FAA-2023-2242; Project Identifier MCAI-
2023-00704-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 1, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, having serial numbers 20003
through 20500 inclusive, and 20501 through 20959 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 27, Stabilizer.
(e) Reason
This AD was prompted by a determination that new or more
restrictive maintenance tasks are necessary. The FAA is issuing this
AD to address failure or degradation of the horizontal stabilizer
trim actuator (HSTA) and motor brake assembly. The unsafe condition,
if not addressed, could result in loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in figure 1 or 2 to paragraph
(g) of this AD, as applicable. The initial compliance time for doing
the tasks is at the time specified in the applicable temporary
revision (TR) or time limit/maintenance check (TLMC) document
specified in figures 1 and 2 to paragraph (g) of this AD, or within
60 days after the effective date of this AD, whichever occurs later.
Note 1 to paragraph (g): The asterisk (or ``one star'') or
double asterisk (``two star'') with the last three digits of the
task numbers listed in figures 1 and 2 to paragraph (g) of this AD
indicates that the task is an airworthiness limitation task.
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(h) No Alternative Actions, or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) Other FAA 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 inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (j)(2) of this AD or email to: <a href="/cdn-cgi/l/email-protection#dbe2f6baada8f6b5a2bab8b4f6b8b4a89bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="b68f9bd7c0c59bd8cfd7d5d99bd5d9c5f6d0d7d798d1d9c0">[email protected]</span></a>. If
mailing information, also submit information by email. 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, International
Validation 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-2023-34, dated May 25, 2023,
for related information. This Transport Canada AD may be found in
the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2242.
(2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#a79e8ac6d1d48ac9dec6c4c88ac4c8d4e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="bf8692dec9cc92d1c6dedcd092dcd0ccffd9dede91d8d0c9">[email protected]</span></a>.
(k) 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) Section 5-10-20, ``Time Limits--Supplementary Limitations,''
of Part 2, ``Airworthiness Limitations,'' of the Bombardier
Challenger 300 Time Limits/Maintenance Check, CH 300, Revision 23,
dated June 14, 2022.
(ii) Section 5-10-20, ``Time Limits--Supplementary
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated
June 14, 2022.
[[Page 87730]]
(iii) Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300,
Revision 23, dated June 14, 2022.
(iv) Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated
June 14, 2022.
(v) Bombardier Temporary Revision 5-2-31, dated January 31,
2023.
(vi) Bombardier Temporary Revision 5-2-102, dated January 31,
2023.
(3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514-855-2999; email <a href="/cdn-cgi/l/email-protection#2041430e59554c604145524f0e1c4100485245461d" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website
<a href="http://bombardier.com">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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#a9cfdb87c0c7dad9cccaddc0c6c7e9c7c8dbc887cec6df"><span class="__cf_email__" data-cfemail="086e7a2661667b786d6b7c6167664866697a69266f677e">[email protected]</span></a>.
Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-27387 Filed 12-18-23; 8:45 am]
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