[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87725-87730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27387]


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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]
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 adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This 
proposed AD was prompted by a determination that new or more 
restrictive maintenance tasks are necessary. This proposed AD would 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive maintenance tasks. 
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 February 2, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-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 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:

[[Page 87726]]

    <bullet> For service information identified in this NPRM, 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 <a href="/cdn-cgi/l/email-protection#bddcde93c4c8d1fddcd8cfd29381dc9dd5cfd8db80" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website bombardier.com.
    <bullet> You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email <a href="/cdn-cgi/l/email-protection#1f26327e696c3271667e7c70327c706c5f797e7e31787069"><span class="__cf_email__" data-cfemail="b58c98d4c3c698dbccd4d6da98d6dac6f5d3d4d49bd2dac3">[email protected]</span></a>.

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-2023-2242; Project Identifier 
MCAI-2023-00704-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 
Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#261f0b4750550b485f4745490b4549556640474708414950"><span class="__cf_email__" data-cfemail="21180c4057520c4f5840424e0c424e52614740400f464e57">[email protected]</span></a>. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2023-34, dated May 25, 2023 (Transport 
Canada AD CF-2023-34) (also referred to after this as the MCAI), to 
correct an unsafe condition for all Bombardier, Inc., Model BD-100-1A10 
airplanes. The MCAI states that new or more restrictive maintenance 
tasks have been developed.
    Airplanes with certain serial numbers were delivered after the 
maintenance or inspection program was revised and must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability.
    The FAA is proposing 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.

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.
    <bullet> 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, CH 350, 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.''
    <bullet> 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, CH 300, 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.''
    <bullet> 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.''
    <bullet> 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 ADDRESSES.

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, the 
FAA has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive maintenance tasks.
    This proposed AD would require revisions to certain operator 
maintenance documents to add new actions (i.e., inspections) and 
certain overhaul time limitations. Compliance with these actions is 
required by 14 CFR 91.403(c). For airplanes that have been previously 
modified, altered, or repaired

[[Page 87727]]

in the areas addressed by this proposed AD, the operator may not be 
able to accomplish the actions 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 
(i)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 737 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness 
directive:

Bombardier, Inc.: Docket No. FAA-2023-2242; Project Identifier MCAI-
2023-00704-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 1, 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 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 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.
    Note 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.

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(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)(2) of this AD or email to: <a href="/cdn-cgi/l/email-protection#dbe2f6baada8f6b5a2bab8b4f6b8b4a89bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="b68f9bd7c0c59bd8cfd7d5d99bd5d9c5f6d0d7d798d1d9c0">[email protected]</span></a>. 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

    (1) Refer to Transport Canada AD CF-2023-34, dated May 25, 2023, 
for related information. This Transport Canada AD may be found in 
the AD docket at regulations.gov under Docket No. FAA-2023-2242.
    (2) 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 <a href="/cdn-cgi/l/email-protection#a79e8ac6d1d48ac9dec6c4c88ac4c8d4e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="bf8692dec9cc92d1c6dedcd092dcd0ccffd9dede91d8d0c9">[email protected]</span></a>.

(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, CH 300, Revision 23, 
dated June 14, 2022.
    (ii) Section 5-10-20, ``Time Limits--Supplementary 
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated 
June 14, 2022.

[[Page 87730]]

    (iii) Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300, 
Revision 23, dated June 14, 2022.
    (iv) Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated 
June 14, 2022.
    (v) Bombardier Temporary Revision 5-2-31, dated January 31, 
2023.
    (vi) Bombardier Temporary Revision 5-2-102, dated January 31, 
2023.
    (3) For service information 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 <a href="/cdn-cgi/l/email-protection#2041430e59554c604145524f0e1c4100485245461d" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website 
bombardier.com.
    (4) You may view this service information 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 <a href="/cdn-cgi/l/email-protection#a9cfdb87c0c7dad9cccaddc0c6c7e9c7c8dbc887cec6df"><span class="__cf_email__" data-cfemail="086e7a2661667b786d6b7c6167664866697a69266f677e">[email protected]</span></a>.

    Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27387 Filed 12-18-23; 8:45 am]
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