[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20520-20522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8041]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1064; Directorate Identifier 2011-NM-075-AD; 
Amendment 39-16984; AD 2012-06-03]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Bombardier, Inc. Model BD-100-1A10 (Challenger 300) airplanes. This AD 
was prompted by reports that the horizontal stabilizer trim actuator 
(HSTA) no-back and the number 1 motor brake assembly (MBA) can both 
fail dormant. This AD requires revising the airplane maintenance 
schedule to include new functional tests of the HSTA no-back and HSTA 
brake system. We are issuing this AD to prevent dormant failure of the 
HSTA no-back and the number 1 MBA, which along with additional 
component failure could result in an uncontrollable horizontal 
stabilizer surface runaway without the ability to retrim, and 
consequent loss of the airplane.

DATES: This AD becomes effective May 10, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7318; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 11, 2011 (76 
FR 62669), and proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It was discovered that the Horizontal Stabilizer Trim Actuator 
(HSTA) No Back and the Number 1 Motor Brake Assembly (MBA) can both 
fail dormant. A failure of the HSTA No Back and the Brake System 
along with additional component failure could result in an 
uncontrollable horizontal stabilizer surface runaway without the 
ability to retrim. This condition, if not corrected, could lead to 
the loss of the aeroplane.
    As a result, new Airworthiness Limitation Tasks, consisting of a 
functional test of the HSTA No Back and a functional test of the 
HSTA Brake System, have been introduced to ensure that a dormant 
failure of either component is detected and corrected.
    This [TCCA] directive mandates the revision of the approved 
maintenance schedule to include these new tasks, including phase-in 
schedules.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the single comment received.

Request To Revise Number of U.S.-Registered Airplanes

    The commenter, Matthew B. Mitchell, stated that the number of U.S.-
registered Model BD-100-1A10 airplanes exceeds the 76 airplanes shown 
in the Costs of Compliance section of this AD, and should be 238 
airplanes, to agree with Aircraft Geometric Height Measurement Element 
(AGHME) figures.
    We agree to revise the number of U.S.-registered airplanes used to 
determine the cost estimate in this AD. We have confirmed with 
Bombardier, Inc., that 217 Model BD-100-1A10 airplanes are registered 
in the U.S. We have changed the figures in the ``Costs of Compliance'' 
section of this AD accordingly.

Additional Changes Made to This AD

    We have redesignated Note 1 of the NPRM (76 FR 62669, October 11, 
2011) as paragraph (c)(2) of this AD, paragraph (c) of the NPRM as 
paragraph (c)(1) of this AD, and Note 2 of the NPRM as Note 1 to 
paragraphs (g) and (h) of this AD. We have also relocated Note 1 of 
this AD to follow paragraph (g) of this AD.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD

[[Page 20521]]

with the changes described previously. We determined that these changes 
will not increase the economic burden on any operator or increase the 
scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 217 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $18,445, or $85 per product.

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.
    We are 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

    We determined that 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 this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (76 FR 62669, October 11, 
2011), the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Operations office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 AD:

2012-06-03 Bombardier, Inc.: Amendment 39-16984. Docket No. FAA-
2011-1064; Directorate Identifier 2011-NM-075-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 10, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category.
    (2) This AD requires revisions to certain operator maintenance 
documents to include new inspections. Compliance with these tasks is 
required by 14 CFR 91.403(c). For airplanes that have been 
previously modified, altered, or repaired in the areas addressed by 
these inspections, the operator may not be able to accomplish the 
inspections described in the revisions. In this situation, to comply 
with 14 CFR 91.403(c), the operator must request approval for an 
alternative method of compliance according to paragraph (j) of this 
AD. The request should include a description of changes to the 
required inspections that will ensure the continued operational 
safety of the airplane.

(d) Subject

    Air Transport Association (ATA) of America Code 55: Stabilizers.

(e) Reason

    This AD was prompted by reports that the horizontal stabilizer 
trim actuator (HSTA) no-back and the number 1 motor brake assembly 
(MBA) can both fail dormant. We are issuing this AD to prevent 
dormant failure of the HSTA no-back and the number 1 MBA, which 
along with additional component failure could result in an 
uncontrollable horizontal stabilizer surface runaway without the 
ability to retrim, and consequent loss of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Add Task 27-40-00-107 to the Maintenance Program

    Within 30 days after the effective date of this AD: Revise the 
maintenance program by incorporating Task 27-40-00-107, ``Functional 
Test of the Horizontal Stabilizer Trim Actuator (HSTA) No Back,'' in 
accordance with Bombardier Temporary Revision 5-2-59, dated November 
25, 2010, to Section 5-10-40, of Part 2, of the Bombardier 
Challenger 300 BD-100 Time Limits/Maintenance Checks Manual. For 
this task, the initial compliance time starts at the applicable time 
specified in paragraph (g)(1) or (g)(2) of this AD.

    Note 1 to paragraphs (g) and (h) of this AD: The maintenance 
program revision required by paragraphs (g) and (h) of this AD may 
be done by inserting a copy of Bombardier Temporary Revision 5-2-59, 
dated November 25, 2010, into Section 5-10-40, of Part 2, of the 
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks 
Manual. When this Temporary Revision has been included in the 
general revisions of Section 5-10-40, of Part 2, of the Bombardier 
Challenger 300 BD-100 Time Limits/Maintenance Checks Manual, the 
general revisions may be inserted in Section 5-10-40, of Part 2, of 
the Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks 
Manual, provided that the relevant information in the general 
revision is identical to that in Bombardier Temporary Revision 5-2-
59, dated November 25, 2010, to Section 5-10-40, of Part 2, of the 
Bombardier Challenger 300 BD-100 Time Limits/Maintenance Checks 
Manual.

    (1) For HSTAs with 2,600 or fewer total flight hours on the HSTA 
as of the effective date of this AD: Prior to the accumulation of 
3,000 total flight hours on the HSTA.
    (2) For HSTAs with more than 2,600 total flight hours on the 
HSTA as of the effective date of this AD: Within 400 flight hours or 
6 months after the effective date of this AD, whichever occurs 
first.

(h) Add Task 27-41-05-105 to the Maintenance Program

    Within 30 days after the effective date of this AD, whichever 
occurs later: Revise the maintenance program by incorporating Task 
27-41-05-105, ``Functional Test of the Horizontal Stabilizer Trim 
Actuator (HSTA) Brake System,'' in accordance with

[[Page 20522]]

Bombardier Temporary Revision 5-2-59, dated November 25, 2010, to 
Section 5-10-40, of Part 2, of the Bombardier Challenger 300 BD-100 
Time Limits/Maintenance Checks Manual. For this task, the initial 
compliance time starts at the applicable time specified in paragraph 
(h)(1) or (h)(2) of this AD.
    (1) For airplanes with 400 or fewer total flight hours as of the 
effective date of this AD: Prior to the accumulation of 800 total 
flight hours.
    (2) For airplanes with more than 400 total flight hours as of 
the effective date of this AD: Within 400 flight hours or 12 months 
after the effective date of this AD, whichever occurs first.

(i) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraphs (g) and 
(h) of this AD, no alternative actions (e.g., inspections) or 
intervals may be used unless the actions or intervals are approved 
as an alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, New York 11590; telephone 516-228-7300; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office. The AMOC approval letter must specifically 
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-05, dated 
March 24, 2011; and Bombardier Temporary Revision 5-2-59, dated 
November 25, 2010, to Section 5-10-40, of Part 2, of the Bombardier 
Challenger 300 BD-100 Time Limits/Maintenance Checks Manual; for 
related information.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Bombardier Temporary Revision 5-2-59, dated November 25, 
2010, to Section 5-10-40, of Part 2, of the Bombardier Challenger 
300 BD-100 Time Limits/Maintenance Checks Manual.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; email <a href="/cdn-cgi/l/email-protection#d1a5b9b5ffb2a3bb91b0b4a3beffb3bebcb3b0a3b5b8b4a3ffb2bebc"><span class="__cf_email__" data-cfemail="42362a266c213028022327302d6c202d2f202330262b27306c212d2f">[email protected]</span></a>; Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-8041 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P


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