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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
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Final rule.
 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.
                        ( print 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 Côte Vertu Road West, Dorval, Québec 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 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 
                        *9-avs-nyaco-cos@faa.gov.*


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
Action
Labor cost
Parts cost
Cost per 
                             product
Cost on U.S. 
                             operatorsHeater mat deactivation (Retained actions from AD 2009-25-13)
1 work-hour × $85 per hour = $85
$0
$85
$28,900Modification and testing (new actions)
12 work-hours × $85 per hour = $1,020
1,150
2,170
737,800
 
 
 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
 1.The authority citation for part 39 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by: a.Removing Airworthiness Directive 2009-25-13, Amendment 39-16133 ( 74 FR 65401, December 10, 2009); and 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-NYACO-COS@faa.gov.*
                             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 
                            *9-avs-nyaco-cos@faa.gov.*( print 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 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email 
                            *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 
                            *fr.inspection@nara.gov.* 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] BILLING CODE 4910-13-P