[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76408-76411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21180]


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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; 
Amendment 39-22810; AD 2024-16-04]
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 superseding Airworthiness Directive (AD) 2009-25-
13, which applied to certain Bombardier, Inc., Model BD-100-1A10 
(Challenger 300) airplanes. AD 2009-25-13 required 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 AD retains the requirements of AD 2009-25-13 and requires 
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 will terminate. This AD also revises the applicability. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 23, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 23, 
2024.

[[Page 76409]]

    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
December 28, 2009 (74 FR 65401, December 10, 2009).

ADDRESSES: 
    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 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, Inc. material 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.
     You may view this material 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. It is also available at regulations.gov 
under Docket No. FAA-2024-1469.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, 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 to supersede AD 2009-25-13, Amendment 39-16133 (74 FR 
65401, December 10, 2009) (AD 2009-25-13). AD 2009-25-13 applied to 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. AD 2009-25-13 
required 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 result in 
a fire in the baggage bay.
    The NPRM published in the Federal Register on May 22, 2024 (89 FR 
44930). The NPRM was prompted by AD CF-2023-72, dated October 18, 2023, 
issued by Transport Canada, which is the aviation authority for Canada 
(Transport Canada AD CF-2023-72) (also referred to as the MCAI). 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.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2009-25-13, and further require modifying the baggage bay sidewall 
interior panel, heater mat, and water tank heater installation, and 
doing functional testing. In the NPRM, the FAA proposed that, upon the 
completion of the new actions, the retained requirements of AD 2009-25-
13 would terminate. In the NPRM, the FAA also proposed to revise the 
applicability to clarify that the AD applies to airplanes having 
certain serial numbers (which equates to those equipped with sidewall 
heater having part number (P/N) 3436-06-1/0) instead of part numbers 
which could be misread. 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-2024-1469.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Additional Changes Made to This Final Rule

    In the NPRM, the FAA inadvertently stated that the NPRM proposed to 
prohibit the installation of affected parts. This AD does not contain a 
parts installation prohibition, so the FAA deleted references to such a 
prohibition.

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 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, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 100-25-35, Revision 
02, dated January 11, 2016. This material 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 AD also requires 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 material 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 340 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                 Action                           Labor cost          Parts cost      product        operators
----------------------------------------------------------------------------------------------------------------
Heater mat deactivation (Retained         1 work-hour x $85 per hour          $0             $85         $28,900
 actions from AD 2009-25-13).              = $85.
Modification and testing (new actions)..  12 work-hours x $85 per          1,150           2,170         737,800
                                           hour = $1,020.
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[[Page 76410]]

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this 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

    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.

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:
0
a. Removing Airworthiness Directive 2009-25-13, Amendment 39-16133 (74 
FR 65401, December 10, 2009); and
0
b. Adding the following new Airworthiness Directive:

2024-16-04 Bombardier, Inc.: Amendment 39-22810; Docket No. FAA-
2024-1469; Project Identifier MCAI-2024-00130-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 23, 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.

(m) Additional Information

    For more information about this AD, contact Steven Dzierzynski, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].

[[Page 76411]]

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (3) The following material was approved for IBR on October 23, 
2024.
    (i) Bombardier Service Bulletin 100-25-35, Revision 02, dated 
January 11, 2016.
    (ii) [Reserved]
    (4) The following material 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. material 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.
    (6) You may view this material 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 September 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-21180 Filed 9-17-24; 8:45 am]
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