DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1469; Project Identifier MCAI-2024-00130-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 supersede Airworthiness Directive (AD)
2009-25-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 (Challenger 300) airplanes. AD 2009-25-13 requires 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 proposed AD would retain the requirements of AD 2009-
25-13, and would also require 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 would terminate. This proposed
AD would also revise the applicability and prohibit the installation of
affected parts. 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 July 8,
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
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-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 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:
For Bombardier, Inc. service information, contact
Bombardier Business Aircraft Customer Response Center, 400 Cote
Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; phone 514-855-
2999; email ac.yul@aero.bombardier.com; website bombardier.com.
You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7300; email: 9-avs-nyaco-cos@faa.gov.

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-2024-1469; Project Identifier
MCAI-2024-00130-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
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516-228-7300; email:
9-avs-nyaco-cos@faa.gov. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

The FAA issued AD 2009-25-13, Amendment 39-16133 (74 FR 65401,
December 10, 2009) (AD 2009-25-13), for certain Bombardier, Inc., Model
BD-100-1A10 airplanes. AD 2009-25-13 was prompted by MCAI originated by
Transport Canada, which is the aviation authority for Canada. Transport
Canada issued AD CF-2009-38, dated October 15, 2009 (Transport Canada
AD CF 2009-38), to correct an unsafe condition.
AD 2009-25-13 requires 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 lead to flammability issues.

Actions Since AD 2009-25-13 Was Issued

Since the FAA issued AD 2009-25-13, Transport Canada issued AD CF-
2023-72, dated October 18, 2023 (Transport Canada AD CF-2023-72)
(referred to after this as the MCAI), to correct an unsafe condition on
certain Bombardier, Inc., Model BD-100-1A10 airplanes. 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. The FAA is
proposing 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.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Bombardier Service Bulletin 100-25-35, Revision
02, dated January 11, 2016. This service information 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 proposed AD would also require 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 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.

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,
it has notified the FAA of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this NPRM
after determining that unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would retain all of the requirements of AD 2009-
25-13. This proposed AD would require accomplishing the actions
specified in the service information described previously, which would
terminate the retained requirements of AD 2009-25-13. This proposed AD
would also prohibit the installation of affected parts.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 340 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

Estimated Costs for Required Actions

The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed 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

The FAA has 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) 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 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

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:

a. Removing airworthiness directive AD 2009-25-13, Amendment 39-16133
(74 FR 65401, December 10, 2009) (AD 2009-25-13); and

b. Adding the following new airworthiness directive: