[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 [www.gpo.gov]
[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 regulations.gov 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:
     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 
bombardier.com">ac.yul@aero.bombardier.com; website bombardier.com.
     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 regulations.gov 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 [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 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 regulations.gov 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.
     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.''
     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.''
     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.''
     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: [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.

(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 [email protected].

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

    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