Proposed Rule2024-10964
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 22, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2009-25-13, which applies to certain Bombardier, Inc., Model BD-100- 1A10 (Challenger 300) airplanes. AD 2009-25-13 requires the deactivation of the left-hand (LH) baggage bay heater mat. Since the FAA issued AD 2009-25-13, Bombardier developed a new design solution for the potential uncontrolled heating of the baggage bay sidewall heater mat. This proposed AD would retain the requirements of AD 2009- 25-13, and would also require modifying the baggage bay sidewall interior panel, heater mat, and water tank heater installation, and doing functional testing. Upon the completion of the new actions, the retained requirements of AD 2009-25-13 would terminate. This proposed AD would also revise the applicability and prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Proposed Rules]
[Pages 44930-44933]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10964]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1469; Project Identifier MCAI-2024-00130-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2009-25-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 (Challenger 300) airplanes. AD 2009-25-13 requires the
deactivation of the left-hand (LH) baggage bay heater mat. Since the
FAA issued AD 2009-25-13, Bombardier developed a new design solution
for the potential uncontrolled heating of the baggage bay sidewall
heater mat. This proposed AD would retain the requirements of AD 2009-
25-13, and would also require modifying the baggage bay sidewall
interior panel, heater mat, and water tank heater installation, and
doing functional testing. Upon the completion of the new actions, the
retained requirements of AD 2009-25-13 would terminate. This proposed
AD would also revise the applicability and prohibit the installation of
affected parts. 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 July 8,
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-2024-1469; 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:
<bullet> For Bombardier, Inc. service information, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; phone 514-855-
2999; email <a href="/cdn-cgi/l/email-protection#7415175a0d0118341511061b5a4815541c06111249" 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 Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
[[Page 44931]]
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#86bfabe7f0f5abe8ffe7e5e9abe5e9f5c6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="ead3c78b9c99c784938b8985c7898599aa8c8b8bc48d859c">[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-2024-1469; Project Identifier
MCAI-2024-00130-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
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#142d39756267397a6d75777b39777b67547275753a737b62"><span class="__cf_email__" data-cfemail="b38a9ed2c5c09eddcad2d0dc9ed0dcc0f3d5d2d29dd4dcc5">[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
The FAA issued AD 2009-25-13, Amendment 39-16133 (74 FR 65401,
December 10, 2009) (AD 2009-25-13), for certain Bombardier, Inc., Model
BD-100-1A10 airplanes. AD 2009-25-13 was prompted by MCAI originated by
Transport Canada, which is the aviation authority for Canada. Transport
Canada issued AD CF-2009-38, dated October 15, 2009 (Transport Canada
AD CF 2009-38), to correct an unsafe condition.
AD 2009-25-13 requires the deactivation of the LH baggage bay
heater. The FAA issued AD 2009-25-13 to address the possibility of
uncontrolled heating by the heater panel, and on the baggage bay
compartment, that could lead to flammability issues.
Actions Since AD 2009-25-13 Was Issued
Since the FAA issued AD 2009-25-13, Transport Canada issued AD CF-
2023-72, dated October 18, 2023 (Transport Canada AD CF-2023-72)
(referred to after this as the MCAI), to correct an unsafe condition on
certain Bombardier, Inc., Model BD-100-1A10 airplanes. The MCAI states
that new procedures have been developed for modifications of the
baggage bay sidewall interior panel, heater mat, and water tank heater
installation that will address the unsafe condition. The FAA is
proposing this AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1469.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletin 100-25-35, Revision
02, dated January 11, 2016. This service information specifies
procedures for modifying the LH baggage bay sidewall interior panel and
heater mat, installing a LH baggage bay sidewall interior panel blind
insert for certain airplanes, modifying the wiring of the LH and right-
hand (RH) baggage bay sidewall heater mats, re-identifying the LH
heater mat as P/N 3436-07, installing LH and RH heater pictograms for
certain airplanes, modifying the water tank heater installation, and
performing a functional test.
This proposed AD would also require Bombardier Service Bulletin
A100-25-30, dated July 20, 2009, which the Director of the Federal
Register approved for incorporation by reference as of December 28,
2009 (74 FR 65401, December 10, 2009).
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 referenced above. The FAA is issuing this NPRM
after determining that 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 retain all of the requirements of AD 2009-
25-13. This proposed AD would require accomplishing the actions
specified in the service information described previously, which would
terminate the retained requirements of AD 2009-25-13. This proposed AD
would also prohibit the installation of affected parts.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 340 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Parts Cost per Cost on U.S.
Action Labor cost cost product operators
----------------------------------------------------------------------------------------------------------------
Heater mat deactivation (Retained actions 1 work-hour x $85 per hour = $0 $85 $28,900
from AD 2009-25-13). $85.
Modification and testing (new proposed 12 work-hours x $85 per hour = 1,150 2,170 737,800
actions). $1,020.
----------------------------------------------------------------------------------------------------------------
[[Page 44932]]
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed 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
The FAA has 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) 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 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:
0
a. Removing airworthiness directive AD 2009-25-13, Amendment 39-16133
(74 FR 65401, December 10, 2009) (AD 2009-25-13); and
0
b. Adding the following new airworthiness directive:
Bombardier, Inc.: Docket No. FAA-2024-1469; Project Identifier MCAI-
2024-00130-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 8, 2024.
(b) Affected ADs
This AD replaces AD 2009-25-13, Amendment 39-16133 (74 FR 65401,
December 10, 2009) (AD 2009-25-13).
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20364 inclusive, 20366, 20367, 20369, and 20372.
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Reason
This AD was prompted by reports of the baggage bay sidewall
heater mat malfunctioning and by the development of a new design
solution for the potential uncontrolled heating of the heater mats.
The FAA is issuing this AD to address malfunctioning of a baggage
bay sidewall heater mat. The unsafe condition, if not addressed,
could result in a fire in the baggage bay.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Actions, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2009-25-13, with no changes. Within 100 flight hours after December
28, 2009 (the effective date of AD 2009-25-13), deactivate the left-
hand (LH) baggage bay sidewall heater having part number (P/N) 3436-
06-1/0, in accordance with Bombardier Service Bulletin A100-25-30,
dated July 20, 2009.
(h) New Requirement of This AD: Modification
Within 36 months after the effective date of this AD, do the
applicable actions specified in paragraphs (h)(1) through (7) of
this AD, in accordance with paragraphs 2.B. through 2.E. of the
Accomplishment Instructions of Bombardier Service Bulletin 100-25-
35, Revision 02, dated January 11, 2016.
(1) Remove the baggage bay sidewall heater mat part number (P/N)
3436-06-1/0 from the LH sidewall panel.
(2) Modify the LH baggage bay sidewall interior panel and heater
mat.
(3) Modify the wiring of the LH and right-hand (RH) baggage bay
sidewall heater mats.
(4) Reidentify the LH baggage bay sidewall heater mat as P/N
3436-07.
(5) For airplanes having serial numbers (S/N) 20124, 20125,
20128, 20134, 20139, 20143, 20146, and 20148 to 20215 inclusive:
install LH baggage bay sidewall interior panel blind insert.
(6) For airplanes having S/N 20003 to 20259 inclusive: install
LH and RH heater pictogram.
(7) Modify the water tank heater installation.
(i) New Requirement of This AD: Functional Test
Before further flight after completing paragraph (h) of this AD,
perform the functional tests, in accordance with paragraph 2.F. of
the Accomplishment Instructions of Bombardier Service Bulletin 100-
25-35, Revision 02, dated January 11, 2016.
(j) Terminating Action for Heater Mat Deactivation
Modifying and testing an airplane as required by paragraphs (h)
and (i) of this AD terminate the requirements of paragraph (g) of
this AD.
(k) Credit for Previous Actions
This paragraph provides credit for actions required by
paragraphs (h) and (i) of this AD, if those actions were performed
before the effective date of this AD using Bombardier Service
Bulletin 100-25-35, dated November 15, 2012, or Bombardier Service
Bulletin 100-25-35, Revision 01, dated September 23, 2013.
(l) Additional AD Provisions
(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 the address identified
in paragraph (m) of this AD. Information may be emailed to: 9-AVS-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="703e2931333f5d333f23301611115e171f06">[email protected]</a>. 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.
[[Page 44933]]
(m) Additional Information
For more information about this AD, contact Steven Dzierzynski,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#330a1e5245401e5d4a52505c1e505c40735552521d545c45"><span class="__cf_email__" data-cfemail="0d34206c7b7e2063746c6e62206e627e4d6b6c6c236a627b">[email protected]</span></a>.
(n) 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.
(3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) Bombardier Service Bulletin 100-25-35, Revision 02, dated
January 11, 2016.
(ii) [Reserved]
(4) The following service information was approved for IBR on
December 28, 2009 (74 FR 65401, December 10, 2009).
(i) Bombardier Service Bulletin A100-25-30, dated July 20, 2009.
(ii) [Reserved]
(5) For Bombardier, Inc. service information, contact Bombardier
Business Aircraft Customer Response Center, 400 C[ocirc]te-Vertu
Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; phone 514-855-
2999; email <a href="/cdn-cgi/l/email-protection#6405074a1d1108240501160b4a5805440c16010259" 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>.
(6) You may view this service information at the FAA,
Airworthiness Products 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.
(7) 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#4224306c2b2c31322721362b2d2c022c2330236c252d34"><span class="__cf_email__" data-cfemail="3f594d1156514c4f5a5c4b5650517f515e4d5e11585049">[email protected]</span></a>.
Issued on May 14, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-10964 Filed 5-21-24; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 22, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.