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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 Cote-Vertu Road West,
Dorval, Quebec H4S 1Y9, Canada; telephone 514-855-2999; email
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 9-avs-nyaco-cos@faa.gov.
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
(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.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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