[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Pages 39341-39344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0439; Project Identifier MCAI-2022-01263-T; 
Amendment 39-22449; AD 2023-11-04]
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 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 AD requires a check for part 
number and serial numbers of the HSTA, and if necessary, inspection of 
the no-back pawl installation, and corrective action. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 21, 
2023.

ADDRESSES: 
    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 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:
     For service information identified in this final rule, 
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. It is also available at 
regulations.gov under Docket No. FAA-2023-0439.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

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 March 24, 2023 (88 FR 17748). The NPRM was prompted by AD 
CF-2022-55, dated September 21, 2022, issued by Transport Canada, which 
is the aviation authority for Canada (referred to after this as the 
MCAI). The MCAI states that during an unscheduled inspection, a design 
deficiency was discovered which could allow a no-back pawl to be

[[Page 39342]]

incorrectly installed in an 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 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).
    In the NPRM, the FAA proposed to 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. The FAA is issuing 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from an individual who supported the 
SNPRM/NPRM without change.

Additional Changes to This AD

    The FAA has revised paragraph (h) of this AD to clarify the parts 
installation prohibition applies only to any HSTA with P/N C47100-003 
or P/N C47100-004 that does not have either the suffix-K following the 
serial number or a modification plate showing ``SB C47100-27-02'' or 
``SB C47100-27-03.'' In the NPRM, the FAA had inadvertently stated that 
installation of an HSTA with a modification plate showing ``SB C47100-
27-02'' or ``SB C47100-27-03'' was prohibited.

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 
change, 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 Bombardier Service Bulletins 100-27-20 and 350-27-
009, both Revision 01, 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.

Costs of Compliance

    The FAA estimates that this AD will affect 703 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

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

    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 
airplanes 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            $2,905   Up to $5,030.
 hour = Up to $2,125.
------------------------------------------------------------------------

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

    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

[[Page 39343]]

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.

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:

2023-11-04 Bombardier, Inc.:
Amendment 39-22449; Docket No. FAA-2023-0439; Project Identifier 
MCAI-2022-01263-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 21, 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.
    (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.

      Figure 1 to Paragraph (g)(3)--Applicable Service Information
------------------------------------------------------------------------
                                                Applicable bombardier
              Airplane model                      service bulletin
------------------------------------------------------------------------
BD-100-1A10 (CH300 marketing).............  100-27-20, Revision 01,
                                             dated December 1, 2020.
BD-100-1A10 (CH 350 marketing)............  350-27-009, Revision 01,
                                             dated December 1, 2020.
------------------------------------------------------------------------

    (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 numbers 
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 part number (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, 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 an 
HSTA with P/N C47100-003 or P/N C47100-004 that does not have either 
the suffix-K following the serial number or a modification plate 
showing ``SB C47100-27-02'' or ``SB C47100-27-03'' on any airplane.

(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.
    (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, 
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

[[Page 39344]]

to the manager of the International Validation 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, 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.

(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, 
Aviation Safety Engineer, FAA, 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 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 June 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-12934 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-13-P