[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Proposed Rules]
[Pages 17748-17751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05917]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0439; Project Identifier MCAI-2022-01263-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 adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This 
proposed AD was prompted by a report that a design deficiency was 
discovered which could allow a no-back pawl to be incorrectly installed 
in a horizontal stabilizer trim actuator (HSTA). This proposed AD would 
require a check for part number and serial numbers of the HSTA, and if 
necessary, inspection of the no-back pawl installation, and corrective 
action. This proposed AD would also 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 May 8, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: 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 regulations.gov under 
Docket No. FAA-2023-0439; 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:
     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 bombardier.com">ac.yul@aero.bombardier.com; website bombardier.com.
     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: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

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-2023-0439; Project Identifier 
MCAI-2022-01263-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 
regulations.gov, 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 
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email [email protected]. 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-2022-55, dated September 21, 2022 
(Transport Canada AD CF-2022-55) (also 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 during an unscheduled 
inspection, a design deficiency was discovered which could allow a no-
back pawl to be incorrectly installed in a HSTA. The no-back mechanism 
is a primary means to prevent back driving of the HSTA, and the motor 
brake assemblies (MBAs) are the secondary means. If this condition is

[[Page 17749]]

not corrected, a non-functioning no-back mechanism in combination with 
loss of, or degraded HSTA MBA braking capability, could lead to a loss 
of control of the airplane. The MCAI also states that as a mitigating 
action, Transport Canada AD CF-2019-23, dated June 18, 2019, was issued 
to mandate a software upgrade for the horizontal stabilizer trim 
electronic control unit to verify the MBA for braking capability during 
the power up test on certain Bombardier, Inc., Model BD-100-1A10 
airplanes. Transport Canada AD CF-2019-23 corresponds to FAA AD 2019-
15-04, Amendment 39-19697 (84 FR 38862, August 8, 2019) (AD 2019-15-
04).
    The FAA is proposing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0439.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletins 100-27-20 and 350-27-
009, both Revision 1, both dated December 1, 2020. This service 
information specifies procedures for a check for part number and serial 
numbers of the HSTA, and if necessary, inspection of the no-back pawl 
installation and corrective action. Corrective actions include 
replacement of the HSTA, and a re-identification and test of the HSTA. 
These documents are distinct since they apply to different airplane 
configurations.
    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 described above. The FAA is issuing this NPRM 
after determining that the 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 require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also prohibit the installation of affected parts.
    Regarding the corrective action for certain HSTAs, as specified in 
Bombardier Service Bulletins 100-27-20 and 350-27-009, both Revision 1, 
both dated December 1, 2020, rework of the HSTA is required by the 
manufacturer, since this manufacturer is the only producer of the 
affected part.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 703 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                   Cost on U.S.
               Labor cost                         Parts cost               Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Up to 2 work-hours x $85 per hour = $170  None......................  Up to $170................        $119,510
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 25 work-hours x $85 per hour          $2,905  Up to $5,030.
 = $2,125.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. 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

    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.

[[Page 17750]]

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-2023-0439; Project Identifier MCAI-
2022-01263-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 8, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, having serial number 20003 
and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report that a design deficiency was 
discovered which could allow a no-back pawl to be incorrectly 
installed in a horizontal stabilizer trim actuator (HSTA). The FAA 
is issuing this AD to address incorrectly installed no-back pawls. 
The unsafe condition, if not addressed, could result in a non-
functioning no-back mechanism, which, in combination with loss of or 
degraded HSTA motor brake assembly (MBA) braking capability, could 
lead to a loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Records Check and Corrective Actions

    Within 60 months after the effective date of this AD, check the 
airplane maintenance records or do a visual check to determine the 
part and serial numbers of the HSTA.
    (1) If the part number is C47100-005: No further action is 
required by this paragraph.
    (2) If the part number is C47100-004 and the serial number ends 
with the suffix--K: No further action is required by this paragraph.
    (3) If the serial number is listed in the table referred to in 
paragraph 2.B.(4) of the Accomplishment Instructions of the 
applicable Bombardier service bulletin identified in figure 1 to 
paragraph (g)(3) of this AD: Within 60 months from the effective 
date of this AD, inspect the HSTA no-back mechanism pawls in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
the applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD.

Figure 1 to paragraph (g)(3)--Applicable service information
[GRAPHIC] [TIFF OMITTED] TP24MR23.002

    (i) If one or more pawls are not correctly installed: Before 
further flight, replace the HSTA in accordance with paragraph 2.E. 
of the Accomplishment Instructions of the applicable service 
bulletin identified in figure 1 to paragraph (g)(3) of this AD.
    (ii) If all the pawls are correctly installed, re-identify and 
test the HSTA, and do all applicable corrective actions, in 
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment 
Instructions of the applicable service bulletin identified in figure 
1 to paragraph (g)(3) of this AD.
    (4) If the serial number is listed in the table referred to in 
paragraph 2.B.(5) of the Accomplishment Instructions of the 
applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD: Within 60 months from the effective date of this 
AD, add a modification plate to the HSTA in accordance with 
paragraph 2.D. of the Accomplishment Instructions of the applicable 
service bulletin identified in figure 1 to paragraph (g)(3) of this 
AD.
    (5) If the records check is inconclusive, or if a visual check 
instead of a records check of the HSTA was accomplished: Within 60 
months from the effective date of this AD, verify the part and 
serial numbers of the HSTA, and verify the modification plate, in 
accordance with paragraph 2.B. of the Accomplishment Instructions of 
the applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD.
    (i) If the HSTA has P/N C47100-005: No further action is 
required by this paragraph.
    (ii) If the HSTA has P/N C47100-004 and a serial number that 
ends with the suffix--K, or if the modification plate contains ``SB 
C47100-27-02'' or ``SB C47100-27-03'': No further action is required 
by this paragraph.
    (iii) If the serial number is listed in the table referred to in 
paragraph 2.B.(4) of the Accomplishment Instructions of the 
applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD: Within 60 months from the effective date of this 
AD, inspect the HSTA no-back mechanism pawls in accordance with 
paragraph 2.C. of the Accomplishment Instructions of the applicable 
service bulletin identified in figure 1 to paragraph (g)(3) of this 
AD.
    (A) If one or more pawls are not correctly installed, before 
further flight, before further flight, replace the HSTA in 
accordance with Paragraph 2.E. of the Accomplishment Instructions of 
the applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD.
    (B) If all the pawls are correctly installed, re-identify and 
test the HSTA, and do all applicable corrective actions, in 
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment 
Instructions of the applicable service bulletin identified in figure 
1 to paragraph (g)(3) of this AD.
    (iv) If the serial number is listed in the table referred to in 
paragraph 2.B.(5) of the Accomplishment Instructions of the 
applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD: Within 60 months from the effective date of this 
AD, add a modification plate to the HSTA in accordance with 
paragraph 2.D. of the Accomplishment Instructions of the applicable 
service bulletin identified in figure 1 to paragraph (g)(3) of this 
AD.

 (h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
part identified in paragraph (h)(1) or (2) of this AD.
    (1) An HSTA with P/N C47100-003 or P/N C47100-004 that does not 
have the suffix--K following the serial number.
    (2) An HSTA with a modification plate showing ``SB C47100-27-
02'' or ``SB C47100-27-03.''

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the applicable service information identified 
in paragraphs (i)(1) and (2) of this AD.

[[Page 17751]]

    (1) Bombardier Service Bulletin 100-27-20, dated November 9, 
2020.
    (2) Bombardier Service Bulletin 350-27-009, dated November 9, 
2020.

(j) Additional 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 New York ACO 
Branch, mail it to ATTN: Program Manager, Continuing Operational 
Safety, at the address identified in paragraph (k)(2) of this AD or 
email to: [email protected]. 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, New York ACO 
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.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2022-55, dated September 21, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0439.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(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 100-27-20, Revision 01, dated 
December 1, 2020.
    (ii) Bombardier Service Bulletin 350-27-009, Revision 01, dated 
December 1, 2020.
    (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 bombardier.com">ac.yul@aero.bombardier.com; website 
bombardier.com.
    (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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 17, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-05917 Filed 3-23-23; 8:45 am]
BILLING CODE 4910-13-P