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
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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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.
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
Cote Vertu Road West, Dorval, Quebec 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. operators
|
Heater mat deactivation (Retained
actions from AD 2009-25-13) |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$28,900
|
Modification and testing (new
actions) |
12 work-hours x $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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 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:
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