[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Proposed Rules]
[Pages 62669-62671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26111]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1064; Directorate Identifier 2011-NM-075-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    It was discovered that the Horizontal Stabilizer Trim Actuator 
(HSTA) No Back and the Number 1 Motor Brake Assembly (MBA) can both 
fail dormant. A failure of the HSTA No Back and the Brake System 
along with additional component failure could result in an 
uncontrollable horizontal stabilizer surface runaway without the 
ability to retrim. This condition, if not corrected, could lead to 
the loss of the aeroplane.
* * * * *
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 25, 
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     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.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
[email protected]; Internet http://www.bombardier.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7318; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1064; 
Directorate Identifier 2011-NM-075-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-05, dated March 24, 2011 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    It was discovered that the Horizontal Stabilizer Trim Actuator 
(HSTA) No Back and the Number 1 Motor Brake Assembly (MBA) can both 
fail dormant. A failure of the HSTA No Back and the Brake System 
along with additional component failure could result in an 
uncontrollable horizontal stabilizer surface runaway without the 
ability to retrim. This condition, if not corrected, could lead to 
the loss of the aeroplane.
    As a result, new Airworthiness Limitation Tasks, consisting of a 
functional test of the HSTA No Back and a functional test of the 
HSTA Brake System, have been introduced to ensure that a dormant 
failure of either component is detected and corrected.
    This [TCCA] directive mandates the revision of the approved 
maintenance schedule to include these new tasks, including phase-in 
schedules.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier, Inc. has issued Temporary Revision 5-2-59, dated 
November 25, 2010, to Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks Manual. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

[[Page 62670]]

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 76 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $6,460, or $85 per product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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

    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 AD:

Bombardier, Inc.: Docket No. FAA-2011-1064; Directorate Identifier 
2011-NM-075-AD.

Comments Due Date

    (a) We must receive comments by November 25, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these tasks is required by 14 CFR 91.403(c). For airplanes that have 
been previously modified, altered, or repaired in the areas 
addressed by these inspections, the operator may not be able to 
accomplish the inspections 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 (j) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 55: 
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It was discovered that the Horizontal Stabilizer Trim Actuator 
(HSTA) No Back and the Number 1 Motor Brake Assembly (MBA) can both 
fail dormant. A failure of the HSTA No Back and the Brake System 
along with additional component failure could result in an 
uncontrollable horizontal stabilizer surface runaway without the 
ability to retrim. This condition, if not corrected, could lead to 
the loss of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 30 days the effective date of this AD: Revise the 
maintenance program by incorporating Task 27-40-00-107, ``Horizontal 
Stabilizer Trim Actuator (HSTA) No Back,'' in accordance with 
Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to 
Section 5-10-40, ``Certification Maintenance Requirements,'' of Part 
2, ``Airworthiness Limitations,'' of the Bombardier Challenger 300 
BD-100 Time Limits/Maintenance Checks Manual. For this task, the 
initial compliance time starts at the applicable time specified in 
paragraph (g)(1) or (g)(2) of this AD.
    (1) For HSTAs with 2,600 or fewer total flight hours on the HSTA 
as of the effective date of this AD: Prior to the accumulation of 
3,000 total flight hours on the HSTA.
    (2) For HSTAs with more than 2,600 total flight hours on the 
HSTA as of the effective date of this AD: Within 400 flight hours or 
6 months after the effective date of this AD, whichever occurs 
first.
    (h) Within 30 days after the effective date of this AD, 
whichever occurs later: Revise the maintenance program by 
incorporating Task 27-41-05-105, ``Functional Test of the Horizontal 
Stabilizer Trim Actuator (HSTA) Brake System,'' in accordance with 
Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to 
Section 5-10-40, ``Certification Maintenance Requirements,'' of Part 
2, ``Airworthiness Limitations,'' of the Bombardier Challenger 300 
BD-100 Time Limits/Maintenance Checks Manual. For this task, the 
initial compliance time starts at the applicable time specified in 
paragraph (h)(1) or (h)(2) of this AD.
    (1) For airplanes with 400 or fewer total flight hours as of the 
effective date of this AD: Prior to the accumulation of 800 total 
flight hours.
    (2) For airplanes with more than 400 total flight hours as of 
the effective date of this AD: Within 400 flight hours or 12 months 
after the effective date of this AD, whichever occurs first.

    Note 2: The maintenance program revision required by paragraphs 
(g) and (h) of this AD may be done by inserting a copy of Bombardier 
TR 5-2-59, dated November 25, 2010, into Section 5-10-40, 
``Certification Maintenance Requirements,'' of Part 2,

[[Page 62671]]

``Airworthiness Limitations,'' of the Bombardier Challenger 300 BD-
100 Time Limits/Maintenance Checks Manual. When this TR has been 
included in the general revisions of Section 5-10-40, 
``Certification Maintenance Requirements,'' of Part 2, 
``Airworthiness Limitations,'' of the Bombardier Challenger 300 BD-
100 Time Limits/Maintenance Checks Manual, the general revisions may 
be inserted in Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks 
Manual, provided that the relevant information in the general 
revision is identical to that in Bombardier TR 5-2-59, dated 
November 25, 2010, to Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks 
Manual.

No Alternative Actions or Intervals

    (i) After accomplishing the revision required by paragraphs (g) 
and (h) of this AD, no alternative actions (e.g., inspections) or 
intervals may be used unless the actions or intervals are approved 
as an alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows:
    No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone 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 local flight standards district office/certificate holding 
district office. The AMOC approval letter must specifically 
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (k) Refer to MCAI Transport Canada Civil Aviation (TCCA) 
Airworthiness Directive CF-2011-05, dated March 24, 2011; and 
Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to 
Section 5-10-40, ``Certification Maintenance Requirements,'' of Part 
2, ``Airworthiness Limitations,'' of the Bombardier Challenger 300 
BD-100 Time Limits/Maintenance Checks Manual; for related 
information.

    Issued in Renton, Washington, on September 30, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-26111 Filed 10-7-11; 8:45 am]
BILLING CODE 4910-13-P