Rule2024-15972
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
July 22, 2024
Effective
August 26, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was prompted by a determination that new or more restrictive maintenance tasks are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance tasks. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
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[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Rules and Regulations]
[Pages 58958-58962]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15972]
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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;
Amendment 39-22763; AD 2024-11-02]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), 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 determination that new or more restrictive maintenance
tasks are necessary. This AD requires revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive maintenance tasks. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective August 26, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 26,
2024.
ADDRESSES:
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 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:
<bullet> For Bombardier material, 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#ceafade0b7bba28eafabbca1e0f2afeea6bcaba8f3" 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 material 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2242.
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#a29b8fc3d4d18fccdbc3c1cd8fc1cdd1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="043d29657277296a7d65676b29676b77446265652a636b72">[email protected]</span></a>.
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 Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on December 19, 2023 (88 FR 87725). The NPRM was prompted by
AD CF-2023-34, dated May 25, 2023, issued by Transport Canada, which is
the aviation authority for Canada (referred to after this as the MCAI).
The MCAI states that new or more restrictive maintenance tasks have
been developed.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive maintenance tasks. The FAA is issuing 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from a commenter. The following presents
the comments received on the NPRM and the FAA's response to each
comment.
Request for Revised Compliance Language
The commenter requested a revision to paragraph (g) of the proposed
AD to reflect the language from MCAI that more explicitly allows for
the use of superseding Temporary Revisions or later revisions. The
commenter stated that the proposed phrase, ``incorporate the
information specified in,'' is too open to interpretation.
The FAA partially agrees with the request to revise the proposed
language. The phrase ``incorporate the information specified'' refers
to the information stated in the tasks referenced in figures 1 and 2 to
paragraph (g) of this AD. As long as the information in the referenced
task remains the same, an operator can show compliance with that task
without having to obtain an alternative method of compliance
[[Page 58959]]
(AMOC) approval. The FAA has revised paragraph (g) of this AD to
include ``incorporate the information in the tasks specified . . .'' to
clarify that it's only the information within the task that is mandated
to be incorporated into the maintenance or inspection program and that
as long as that task information doesn't change from the time limit/
maintenance check (TLMC) document revision specified in figures 1 and 2
to paragraph (g) of this AD an AMOC is not required.
Request for Reference to Later Revision of Service Information
The commenter requested that the FAA revise figures 1 and 2 to
paragraph (g) of the proposed AD to reference a general revision of a
TLMC instead of a temporary revision. The commenter stated that without
the language from the MCAI that states permission to use ``or later
revision,'' the proposed AD would not allow the use of the general
revision of the TLMC that contains the task information. The commenter
added that an operator would then be required to maintain a copy of the
temporary revision and general revisions of the TLMC that are noted in
figures 1 and 2 to paragraph (g) of the proposed AD.
The FAA provides the following clarification. As previously
mentioned, the AD requires that the maintenance or inspection program
be revised to incorporate the task information specified in the
applicable time TLMC or temporary revision (TR) document. Therefore, as
long the information is the same in the general revision of a TLMC as
the task information specified in the TR document, an AMOC is not
required. The FAA has revised paragraph (g) of this AD for
clarification.
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, considered the
comments received, 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. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
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. Note: The asterisk (or
``one star'') or double asterisk (``two star'') with the last three
digits of the task numbers indicates that the task is an airworthiness
limitation task.
<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, Publication No. CH 350 TLMC,
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, Publication No. CH 300 TLMC,
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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 737 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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
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.
[[Page 58960]]
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:
2024-11-02 Bombardier, Inc.: Amendment 39-22763; Docket No. FAA-
2023-2242; Project Identifier MCAI-2023-00704-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 26, 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 (S/
Ns) 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 in the tasks 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. When the information in the applicable TR has been
incorporated into the general revision of that Bombardier TLMC, the
maintenance or inspection program may be revised using the
information in the general revision.
Figure 1 to Paragraph (g)--Tasks for Model BD-100-1A10 Airplanes Having
S/Ns 20003 Through 20500
[GRAPHIC] [TIFF OMITTED] TR22JY24.200
[[Page 58961]]
Note 1 to Figure 1 to paragraph (g): The section number in the
footer on certain pages of the TLMC sections is incomplete (i.e.,
``05-10-2'' instead of ``05-10-20'' and ``05-10-4'' instead of ``05-
10-40'').
Note 2 to Figure 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.
Figure 2 to Paragraph (g)--Tasks for Model BD-100-1A10 Airplanes Having
S/Ns 20501 Through 20959
[GRAPHIC] [TIFF OMITTED] TR22JY24.201
(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) of this AD or email to: <a href="/cdn-cgi/l/email-protection#c7feeaa6b1b4eaa9bea6a4a8eaa4a8b487a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="87beaae6f1f4aae9fee6e4e8aae4e8f4c7e1e6e6a9e0e8f1">[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
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#ead3c78b9c99c784938b8985c7898599aa8c8b8bc48d859c"><span class="__cf_email__" data-cfemail="c8f1e5a9bebbe5a6b1a9aba7e5aba7bb88aea9a9e6afa7be">[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, Publication No. CH 300
TLMC, Revision 23, dated June 14, 2022.
Note 3 to paragraph (k)(2)(i): The section number in the footer
on pages 1 and 2 of Section 5-10-20, ``Time Limits--Supplementary
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 Time Limits/
[[Page 58962]]
Maintenance Check, Publication No. CH 300 TLMC, Revision 23, dated
June 14, 2022, is incorrectly identified as ``05-10-2'' instead of
``05-10-20.''
(ii) Section 5-10-20, ``Time Limits--Supplementary
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 350 Time Limits/Maintenance Check, Publication
No. CH 350 TLMC, Revision 13, dated June 14, 2022.
Note 4 to paragraph (k)(2)(ii): The section number in the footer
on pages 1 and 2 of Section 5-10-20, ``Time Limits--Supplementary
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 350 Time Limits/Maintenance Check, Publication
No. CH 350 TLMC, Revision 13, dated June 14, 2022, is incorrectly
identified as ``05-10-2'' instead of ``05-10-20.''
(iii) Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 300 Time Limits/Maintenance Check, Publication
No. CH 300 TLMC, Revision 23, dated June 14, 2022.
Note 5 to paragraph (k)(2)(iii): The section number in the
footer on the cover page of Section 5-10-40, ``Certification
Maintenance Requirements,'' of Part 2, ``Airworthiness
Limitations,'' of the Bombardier Challenger 300 Time Limits/
Maintenance Check, Publication No. CH 300 TLMC, Revision 23, dated
June 14, 2022, is incorrectly identified as ``05-10-4'' instead of
``05-10-40.''
(iv) Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 350 Time Limits/Maintenance Check, Publication
No. CH 350 TLMC, Revision 13, dated June 14, 2022.
Note 6 to paragraph (k)(2)(iv): The section number in the footer
on the cover page of Section 5-10-40, ``Certification Maintenance
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the
Bombardier Challenger 350 Time Limits/Maintenance Check, Publication
No. CH 350 TLMC, Revision 13, dated June 14, 2022, is incorrectly
identified as ``05-10-4'' instead of ``05-10-40.''
(v) Bombardier Temporary Revision 5-2-31, dated January 31,
2023.
(vi) Bombardier Temporary Revision 5-2-102, dated January 31,
2023.
(3) For Bombardier material, 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#3a5b5914434f567a5b5f485514065b1a52485f5c07" 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 material 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#0462762a6d6a77746167706d6b6a446a6576652a636b72"><span class="__cf_email__" data-cfemail="9ef8ecb0f7f0edeefbfdeaf7f1f0def0ffecffb0f9f1e8">[email protected]</span></a>.
Issued on July 16, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-15972 Filed 7-19-24; 8:45 am]
BILLING CODE 4910-13-P
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