[Federal Register Volume 89, Number 185 (Tuesday, September 24, 2024)]
[Rules and Regulations]
[Pages 77769-77772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0758; Project Identifier MCAI-2023-00671-T; 
Amendment 39-22819; AD 2024-16-13]
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 the discovery of a single-point failure within the left-
hand and right-hand heater current monitor (HCM) units. This AD 
requires installing a monitor circuit comprising relays external to the 
HCM units. This AD also requires revising the normal and non-normal 
procedure sections of the existing airplane flight manual (AFM) to add 
new procedures associated with revised crew alerting system (CAS) 
messages. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 29, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 29, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0758; 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

[[Page 77770]]

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:
    <bullet> For Bombardier 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: <a href="/cdn-cgi/l/email-protection#08696b26717d6448696d7a6726346928607a6d6e35" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website: bombardier.com.
    <bullet> 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-2024-0758.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#ffc6d29e898cd291869e9c90d29c908cbf999e9ed1989089"><span class="__cf_email__" data-cfemail="81b8ace0f7f2aceff8e0e2eeace2eef2c1e7e0e0afe6eef7">[email protected]</span></a>.

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 March 25, 2024 (89 FR 20562). The NPRM was prompted by AD 
CF-2023-33, dated May 10, 2023 (referred to after this as the MCAI), 
issued by Transport Canada, which is the aviation authority for Canada. 
The MCAI states that during a review of the air data system, Bombardier 
discovered that a single-point failure exists within the left-hand and 
right hand HCM units. The HCM unit is designed with a single 
programmable logic device (PLD), which is responsible for the control 
and monitoring functions of the HCM unit. The PLD could fail in a way 
that it would erroneously energize the heater control relay and switch 
the heaters off. This failure could lead to un-annunciated loss of ice 
protection on the air data probes, resulting in the potential display 
of misleading airspeed, and erroneous indications to the flightcrew.
    In the NPRM, the FAA proposed to require installing a monitor 
circuit comprising relays external to the HCM units. The NPRM also 
required revising the normal and non-normal procedure sections of the 
existing AFM to add new procedures associated with revised CAS 
messages. 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-2024-0758.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from NetJets Inc. The following presents 
the comment received on the NPRM and the FAA's response to the comment.

Request to Reference Previous AFM Revision

    NetJets requested that the NPRM be revised to change references to 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, Revision 38, 
dated May 11, 2023 (Revision 38), to Revision 36, dated September 27, 
2022 (Revision 36), which is referenced in the MCAI for Challenger 350 
airplanes. NetJets pointed out that the particular procedures affected 
by the proposed AD were amended in Revision 36. Further, NetJets stated 
that Revision 38 is out-of-date and speculated that chances are good 
that, if the FAA changes to Revision 39, dated September 25, 2023 
(Revision 39), Bombardier will issue a new revision before the final AD 
is released. NetJets went on to assert that this will cause an 
increased workload for the FAA, Bombardier, and operators due to the 
increase in necessary requests for approvals of alternative methods of 
compliance (AMOCs) to use later revisions of the AFM.
    The FAA does not agree to revise this AD to change the AFM revision 
but provides the following clarification: Paragraphs (h)(3) and (4) 
specify to revise Chapter 4, Normal Procedures, to include the 
information in BEFORE STARTING ENGINES section, Subsection 04-02, and 
in Chapter 5, Non-Normal Procedures, to include the information in 
Subsection 05-27, Ice & Rain Protection, respectively, of the 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, Revision 38, 
dated May 11, 2023 (for the applicable airplanes). The language in 
paragraph (h) of this AD is designed to allow incorporating the 
information in the referenced sections, regardless of the revision 
level of the AFM, so long as the language is identical to the 
information in BEFORE STARTING ENGINES section, Subsection 04-02, 
Chapter 4, Normal Procedures, and Subsection 05-27, Ice & Rain 
Protection, Chapter 5, Non-Normal Procedures, of the Bombardier 
Challenger 350 AFM, Publication No. CH 350 AFM, Revision 38, dated May 
11, 2023. The information in BEFORE STARTING ENGINES section, 
Subsection 04-02, Chapter 4, Normal Procedures, and Subsection 05-27, 
Ice & Rain Protection, Chapter 5, Non-Normal Procedures, of the 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, Revision 38 
is identical to that in Revision 36. Therefore, this AD has not been 
changed regarding this request.

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 
comment 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, 
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 100-30-06 and 
Bombardier Service Bulletin 350-30-001, both dated December 29, 2022. 
This material specifies procedures to install a monitoring circuit 
comprising relays external to the HCM units, including reworking the 
plate assembly, installing relay bracket assemblies, installing relays 
and a rail terminal module, installing wires for the relays, and 
performing operational testing. These documents are distinct since they 
apply to different airplane serial numbers.
    The FAA also reviewed the following material, which specifies new 
normal procedures to follow after installation of the monitoring 
circuit. These documents are distinct since they apply to different 
airplane serial numbers.
    <bullet> BEFORE STARTING ENGINES section, Subsection 04-02, Chapter 
4, Normal Procedures, Bombardier Challenger 300 AFM (Imperial Version), 
Publication No. CSP 100-1, Revision 72, dated May 11, 2023. (For 
obtaining the procedures for Bombardier Challenger 300 AFM (Imperial 
Version), Publication No. CSP 100-1, use Document Identification No. CH 
300 AFM-I.)

[[Page 77771]]

    <bullet> BEFORE STARTING ENGINES section, Subsection 04-02, Chapter 
4, Normal Procedures, Bombardier Challenger 350 AFM, Publication No. CH 
350 AFM, Revision 38, dated May 11, 2023. (For obtaining the procedures 
for Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.)
    The FAA reviewed the following material, which specifies non-normal 
procedures to follow after installation of the monitoring circuit. 
These documents are distinct since they apply to different airplane 
serial numbers.
    <bullet> Subsection 05-27, Ice & Rain Protection, Chapter 5, Non-
Normal Procedures, Bombardier Challenger 300 AFM (Imperial Version), 
Publication No. CSP 100-1, Revision 72, dated May 11, 2023. (For 
obtaining the procedures for Bombardier Challenger 300 AFM (Imperial 
Version), Publication No. CSP 100-1, use Document Identification No. CH 
300 AFM-I.)
    <bullet> Subsection 05-27, Ice & Rain Protection, Chapter 5, Non-
Normal Procedures, Bombardier Challenger 350 AFM, Publication No. CH 
350 AFM, Revision 38, dated May 11, 2023. (For obtaining the procedures 
for Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.)
    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 343 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 70 work-hours x $85 per hour =   Up to $2,324...........  Up to $8,274...........  Up to $2,837,982
 Up to $5,950.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all 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 adding the following new airworthiness 
directive:

2024-16-13 Bombardier, Inc.: Amendment 39-22819; Docket No. FAA-
2024-0758; Project Identifier MCAI-2023-00671-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 29, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20936 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

 (e) Unsafe Condition

    This AD was prompted by a review of the air data system where 
Bombardier discovered that a single-point failure exists within the 
left-hand and right-hand heater current monitor (HCM) units. The FAA 
is issuing this AD to address the failure of the programmable logic 
device in the left-hand and right-hand HCM units. The unsafe 
condition, if not addressed, could lead to un-annunciated loss of 
ice protection on the air data probes, resulting in the potential 
display of misleading airspeed, and erroneous indications to the 
flightcrew.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Monitoring Circuit Installation and Tests

    Within 60 months from the effective date of this AD, install a 
monitoring circuit comprising of relays external to the HCM units, 
in accordance with sections 2.B. and 2.C. of the Accomplishment 
Instructions of the applicable material specified in paragraph 
(g)(1) or (2) of this AD.
    (1) Bombardier Service Bulletin 100-30-06, dated December 29, 
2022 (for airplane serial numbers 20003 through 20500 inclusive).
    (2) Bombardier Service Bulletin 350-30-001, dated December 29, 
2022 (for airplane serial numbers 20501 through 20936 inclusive).

 (h) Revision of Existing Airplane Flight Manual (AFM)

    Within 60 months from the effective date of this AD, and after 
the completion of the actions required by paragraph (g) of this AD, 
revise the existing AFM as specified in

[[Page 77772]]

paragraphs (h)(1) through (4) of this AD, as applicable.
    (1) For airplane serial numbers 20003 through 20500 inclusive: 
Revise Chapter 4, Normal Procedures, to include the information in 
BEFORE STARTING ENGINES section, Subsection 04-02, Chapter 4, Normal 
Procedures, Bombardier Challenger 300 AFM (Imperial Version), 
Publication No. CSP 100-1, Revision 72, dated May 11, 2023.

    Note 1 to paragraph (h)(1):  For obtaining the procedures 
specified in paragraphs (h)(1) and (2) of this AD for Bombardier 
Challenger 300 AFM (Imperial Version), Publication No. CSP 100-1, 
use Document Identification No. CH 300 AFM-I.

    (2) For airplane serial numbers 20003 through 20500 inclusive: 
Revise Chapter 5, Non-Normal Procedures, to include the information 
in Subsection 05-27, Ice & Rain Protection, Chapter 5, Non-Normal 
Procedures, Bombardier Challenger 300 AFM (Imperial Version), 
Publication No. CSP 100-1, Revision 72, dated May 11, 2023.
    (3) For airplane serial numbers 20501 through 20936 inclusive: 
Revise Chapter 4, Normal Procedures, to include the information in 
BEFORE STARTING ENGINES section, Subsection 04-02, Chapter 4, Normal 
Procedures, Bombardier Challenger 350 AFM, Publication No. CH 350 
AFM, Revision 38, dated May 11, 2023.

    Note 2 to paragraph (h)(3):  For obtaining the procedures 
specified in paragraphs (h)(3) and (4) of this AD for Bombardier 
Challenger 350 AFM, Publication No. CH 350 AFM, use Document 
Identification No. CH 350 AFM.

    (4) For airplane serial numbers 20501 through 20936 inclusive: 
Revise Chapter 5, Non-Normal Procedures, to include the information 
in Subsection 05-27, Ice & Rain Protection, Chapter 5, Non-Normal 
Procedures, Bombardier Challenger 350 AFM, Publication No. CH 350 
AFM, Revision 38, dated May 11, 2023.

(i) Additional 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 the address identified 
in paragraph (j) of this AD. Information may be emailed to: 9-AVS-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="07495e4644482a4448544761666629606871">[email protected]</a>. 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

    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 <a href="/cdn-cgi/l/email-protection#e1d8cc809792cc8f9880828ecc828e92a1878080cf868e97"><span class="__cf_email__" data-cfemail="89b0a4e8fffaa4e7f0e8eae6a4eae6fac9efe8e8a7eee6ff">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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.
    (i) BEFORE STARTING ENGINES section, Subsection 04-02, Chapter 
4, Normal Procedures, Bombardier Challenger 300 AFM (Imperial 
Version), Publication No. CSP 100-1, Revision 72, dated May 11, 
2023.

    Note 3 to paragraph (k)(2)(i):  For obtaining the procedures 
specified in paragraphs (k)(2)(i) and (ii) of this AD for Bombardier 
Challenger 300 AFM (Imperial Version), Publication No. CSP 100-1, 
use Document Identification No. CH 300 AFM-I.

    (ii) Subsection 05-27, Ice & Rain Protection, Chapter 5, Non-
Normal Procedures, Bombardier Challenger 300 AFM (Imperial Version), 
Publication No. CSP 100-1, Revision 72, dated May 11, 2023.
    (iii) BEFORE STARTING ENGINES section, Subsection 04-02, Chapter 
4, Normal Procedures, Bombardier Challenger 350 AFM, Publication No. 
CH 350 AFM, Revision 38, dated May 11, 2023.

    Note 4 to paragraph (k)(2)(iii):  For obtaining the procedures 
specified in paragraphs (k)(2)(iii) and (iv) of this AD for 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.

    (iv) Subsection 05-27, Ice & Rain Protection, Chapter 5, Non-
Normal Procedures, Bombardier Challenger 350 AFM, Publication No. CH 
350 AFM, Revision 38, dated May 11, 2023.
    (v) Bombardier Service Bulletin 100-30-06, dated December 29, 
2022.
    (vi) Bombardier Service Bulletin 350-30-001, dated December 29, 
2022.
    (3) For 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 <a href="/cdn-cgi/l/email-protection#8beae8a5f2fee7cbeaeef9e4a5b7eaabe3f9eeedb6" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website bombardier.com.
    (4) 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.
    (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#2f495d0146415c5f4a4c5b4640416f414e5d4e01484059"><span class="__cf_email__" data-cfemail="7a1c08541314090a1f190e1315143a141b081b541d150c">[email protected]</span></a>.

    Issued on August 6, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-21806 Filed 9-23-24; 8:45 am]
BILLING CODE 4910-13-P


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