[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 [www.gpo.gov]
[FR Doc No: 2024-10964]


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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).

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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:
     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-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:
     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 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 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: [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-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 
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 
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: 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

    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 regulations.gov 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.
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[[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-
[email protected]. 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: [email protected].

(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 bombardier.com">ac.yul@aero.bombardier.com; website bombardier.com.
    (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 www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    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