Airworthiness Directives; Bombardier, Inc., Airplanes, 39341-39344 [2023-12934]

Download as PDF Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Rules and Regulations upgrading in order to meet minimum standards of safety and decency or current building code requirements); (3) $500,000 for eligible refinancing purposes; (4) 20 percent of the verified loss (not including refinancing or malfeasance), before deduction of compensation from other sources, up to a maximum of $500,000 for post-disaster mitigation (see § 123.107); and (5) $500,000 for eligible malfeasance, pursuant to § 123.18. * * * * * (c) SBA determines the loan maturity and repayment terms based on your needs and your ability to pay. Generally, you will pay monthly installments of principal and interest, beginning twelve months from the date of the initial disbursement. SBA will consider other payment terms if you have seasonal or fluctuating income. The maximum maturity for a home disaster loan is 30 years. There is no penalty for prepayment of disaster loans. (d) The SBA Administrator may increase the home loan lending limits within paragraph (a) of this section under an individual disaster declaration based on appropriate economic indicators for the region(s) in which the disaster occurred. SBA will publish any increased lending limit for an individual disaster declaration in the Federal Register. ■ 6. Amend § 123.106 by revising paragraph (b) to read as follows: § 123.106 § 123.203 What interest rate will my business pay on a physical disaster business loan and what are the repayment terms? * * * * * (b) Generally, you will pay monthly installments of principal and interest, beginning twelve months from the date of the initial disbursement. SBA will consider other payment terms if you have seasonal or fluctuating income. There is no penalty for prepayment for disaster loans. * * * * * § 123.301 [Amended] 10. Amend § 123.301 by removing and reserving paragraph (c). ■ § 123.502 [Amended] 11. Amend § 123.502 by removing and reserving paragraph (j). ■ Isabella Casillas Guzman, Administrator. [FR Doc. 2023–12779 Filed 6–15–23; 8:45 am] BILLING CODE 8026–09–P What is eligible refinancing? * * * * * (b) Your home disaster loan for refinancing existing liens or encumbrances cannot exceed an amount equal to the lesser of $500,000, or the physical damage to your primary residence. Any refinancing amount will be reduced to the extent such lien or encumbrance is satisfied by insurance or otherwise. DEPARTMENT OF TRANSPORTATION § 123.107 Airworthiness Directives; Bombardier, Inc., Airplanes [Amended] 7. Amend § 123.107 by removing the number ‘‘$200,000’’ and adding in its place the number ‘‘$500,000’’. ■ 8. Amend § 123.202 by: ■ a. Revising paragraph (c) introductory text; ■ b. Removing paragraph (d); and ■ c. Redesignating paragraph (e) as paragraph (d). The revision reads as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 liens on both damaged real property and machinery and equipment. Such amount shall be reduced to the extent such lien or encumbrance is satisfied by insurance or otherwise. Your business property must be totally destroyed or substantially damaged, which means: * * * * * ■ 9. Amend § 123.203 by revising paragraph (b) as follows: § 123.202 How much can my business borrow with a physical disaster business loan? * * * * * (c) Physical disaster business borrowers may request refinancing of VerDate Sep<11>2014 15:19 Jun 15, 2023 Jkt 259001 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0439; Project Identifier MCAI–2022–01263–T; Amendment 39–22449; AD 2023–11–04] RIN 2120–AA64 Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD–100–1A10 airplanes. This AD was prompted by a report that a design deficiency was discovered which could allow a no-back pawl to be incorrectly installed in a horizontal stabilizer trim actuator (HSTA). This AD requires a check for part number and serial numbers of the HSTA, and if necessary, inspection of SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 39341 the no-back pawl installation, and corrective action. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 21, 2023. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 21, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–0439; 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 service information identified in this final rule, contact Bombardier Business Aircraft Customer Response Center, 400 Coˆte-Vertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 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 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– 2023–0439. FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. 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 24, 2023 (88 FR 17748). The NPRM was prompted by AD CF–2022– 55, dated September 21, 2022, issued by Transport Canada, which is the aviation authority for Canada (referred to after this as the MCAI). The MCAI states that during an unscheduled inspection, a design deficiency was discovered which could allow a no-back pawl to be E:\FR\FM\16JNR1.SGM 16JNR1 39342 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Rules and Regulations incorrectly installed in an HSTA. The no-back mechanism is a primary means to prevent back driving of the HSTA, and the motor brake assemblies (MBAs) are the secondary means. If this condition is not corrected, a nonfunctioning no-back mechanism in combination with loss of, or degraded HSTA MBA braking capability, could lead to a loss of control of the airplane. The MCAI also states that as a mitigating action, Transport Canada AD CF–2019–23, dated June 18, 2019, was issued to mandate a software upgrade for the horizontal stabilizer trim electronic control unit to verify the MBA for braking capability during the power up test on certain Bombardier, Inc., Model BD–100–1A10 airplanes. Transport Canada AD CF–2019–23 corresponds to FAA AD 2019–15–04, Amendment 39–19697 (84 FR 38862, August 8, 2019) (AD 2019–15–04). In the NPRM, the FAA proposed to require a check for part number and serial numbers of the HSTA, and if necessary, inspection of the no-back pawl installation, and corrective action. 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–2023–0439. Discussion of Final Airworthiness Directive Comments The FAA received comments from an individual who supported the SNPRM/ NPRM without change. Additional Changes to This AD The FAA has revised paragraph (h) of this AD to clarify the parts installation prohibition applies only to any HSTA with P/N C47100–003 or P/N C47100– 004 that does not have either the suffixK following the serial number or a modification plate showing ‘‘SB C47100–27–02’’ or ‘‘SB C47100–27–03.’’ In the NPRM, the FAA had inadvertently stated that installation of an HSTA with a modification plate showing ‘‘SB C47100–27–02’’ or ‘‘SB C47100–27–03’’ was prohibited. 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 comments 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 change, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed Bombardier Service Bulletins 100–27–20 and 350– 27–009, both Revision 01, both dated December 1, 2020. This service information specifies procedures for a check for part number and serial numbers of the HSTA, and if necessary, inspection of the no-back pawl installation and corrective action. Corrective actions include replacement of the HSTA, and a re-identification and test of the HSTA. These documents are distinct since they apply to different airplane configurations. 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. Costs of Compliance The FAA estimates that this AD will affect 703 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 2 work-hours × $85 per hour = Up to $170 ............................................................. None ................. Up to $170 ....... Up to $119,510. The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The FAA has no way of determining the number of airplanes that might need these on-condition actions: ddrumheller on DSK120RN23PROD with RULES1 ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 25 work-hours × $85 per hour = Up to $2,125 .......................................................................................... $2,905 According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. The FAA does not control warranty coverage for affected operators. As a result, the FAA has included all known costs in the cost estimate. 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 VerDate Sep<11>2014 15:19 Jun 15, 2023 Jkt 259001 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. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Cost per product Up to $5,030. 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 E:\FR\FM\16JNR1.SGM 16JNR1 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Rules and Regulations 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 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Records Check and Corrective Actions Within 60 months after the effective date of this AD, check the airplane maintenance records or do a visual check to determine the part and serial numbers of the HSTA. (1) If the part number is C47100–005: No further action is required by this paragraph. (2) If the part number is C47100–004 and the serial number ends with the suffix-K: No further action is required by this paragraph. (3) If the serial number is listed in the table referred to in paragraph 2.B.(4) of the Accomplishment Instructions of the applicable Bombardier service bulletin identified in figure 1 to paragraph (g)(3) of this AD: Within 60 months from the effective date of this AD, inspect the HSTA no-back mechanism pawls in accordance with paragraph 2.C. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (i) If one or more pawls are not correctly installed: Before further flight, replace the HSTA in accordance with paragraph 2.E. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (ii) If all the pawls are correctly installed, re-identify and test the HSTA, and do all applicable corrective actions, in accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. 2023–11–04 Bombardier, Inc.: Amendment 39–22449; Docket No. FAA– 2023–0439; Project Identifier MCAI– 2022–01263–T. FIGURE 1 TO PARAGRAPH (g)(3)— APPLICABLE SERVICE INFORMATION Airplane model (a) Effective Date This airworthiness directive (AD) is effective July 21, 2023. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., Model BD–100–1A10 airplanes, certificated in any category, having serial number 20003 and subsequent. ddrumheller on DSK120RN23PROD with RULES1 (d) Subject Air Transport Association (ATA) of America Code 27, Flight Controls. (e) Unsafe Condition This AD was prompted by a report that a design deficiency was discovered which could allow a no-back pawl to be incorrectly installed in a horizontal stabilizer trim actuator (HSTA). The FAA is issuing this AD to address incorrectly installed no-back pawls. The unsafe condition, if not addressed, could result in a non-functioning no-back mechanism, which, in combination with loss of or degraded HSTA motor brake assembly (MBA) braking capability, could lead to a loss of control of the airplane. VerDate Sep<11>2014 15:19 Jun 15, 2023 Jkt 259001 BD–100–1A10 (CH300 marketing). BD–100–1A10 (CH 350 marketing). Applicable bombardier service bulletin 100–27–20, Revision 01, dated December 1, 2020. 350–27–009, Revision 01, dated December 1, 2020. (4) If the serial number is listed in the table referred to in paragraph 2.B.(5) of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD: Within 60 months from the effective date of this AD, add a modification plate to the HSTA in accordance with paragraph 2.D. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (5) If the records check is inconclusive, or if a visual check instead of a records check of the HSTA was accomplished: Within 60 months from the effective date of this AD, verify the part numbers and serial numbers of the HSTA, and verify the modification plate, in accordance with paragraph 2.B. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 39343 (i) If the HSTA has part number (P/N) C47100–005: No further action is required by this paragraph. (ii) If the HSTA has P/N C47100–004 and a serial number that ends with the suffix-K, or if the modification plate contains ‘‘SB C47100–27–02’’ or ‘‘SB C47100–27–03’’: No further action is required by this paragraph. (iii) If the serial number is listed in the table referred to in paragraph 2.B.(4) of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD: Within 60 months from the effective date of this AD, inspect the HSTA no-back mechanism pawls in accordance with paragraph 2.C. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (A) If one or more pawls are not correctly installed, before further flight, replace the HSTA in accordance with Paragraph 2.E. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (B) If all the pawls are correctly installed, re-identify and test the HSTA, and do all applicable corrective actions, in accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (iv) If the serial number is listed in the table referred to in paragraph 2.B.(5) of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD: Within 60 months from the effective date of this AD, add a modification plate to the HSTA in accordance with paragraph 2.D. of the Accomplishment Instructions of the applicable service bulletin identified in figure 1 to paragraph (g)(3) of this AD. (h) Parts Installation Prohibition As of the effective date of this AD, no person may install an HSTA with P/N C47100–003 or P/N C47100–004 that does not have either the suffix-K following the serial number or a modification plate showing ‘‘SB C47100–27–02’’ or ‘‘SB C47100–27–03’’ on any airplane. (i) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the applicable service information identified in paragraphs (i)(1) and (2) of this AD. (1) Bombardier Service Bulletin 100–27– 20, dated November 9, 2020. (2) Bombardier Service Bulletin 350–27– 009, dated November 9, 2020. (j) 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 E:\FR\FM\16JNR1.SGM 16JNR1 39344 Federal Register / Vol. 88, No. 116 / Friday, June 16, 2023 / Rules and Regulations to the manager of the International Validation Branch, mail it to ATTN: Program Manager, Continuing Operational Safety, at the address identified in paragraph (k)(2) of this AD or email to: 9-avs-nyaco-cos@faa.gov. 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. (k) Additional Information (1) Refer to Transport Canada AD CF– 2022–55, dated September 21, 2022, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA– 2023–0439. (2) For more information about this AD, contact Chirayu Gupta, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@faa.gov. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (4) of this AD. ddrumheller on DSK120RN23PROD with RULES1 (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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) Bombardier Service Bulletin 100–27–20, Revision 01, dated December 1, 2020. (ii) Bombardier Service Bulletin 350–27– 009, Revision 01, dated December 1, 2020. (3) For service information identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@aero.bombardier.com; 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 service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. VerDate Sep<11>2014 15:19 Jun 15, 2023 Jkt 259001 Issued on June 7, 2023. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–12934 Filed 6–15–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–0425; Project Identifier MCAI–2022–00980–A; Amendment 39–22458; AD 2023–11–12] RIN 2120–AA64 Airworthiness Directives; DAHER AEROSPACE (Type Certificate Previously Held by SOCATA) Airplanes Material Incorporated by Reference: • For service information identified in this final rule, contact DAHER AEROSPACE, Customer Support, Airplane Business Unit, Tarbes Cedex 9, France 65921; phone: (833) 826–2273; email: tbmcare@daher.com; website: daher.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2023–0425. FOR FURTHER INFORMATION CONTACT: Fred Guerin, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206–231– 2346; email: fred.guerin@faa.gov. SUPPLEMENTARY INFORMATION: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. Background The FAA is adopting a new airworthiness directive (AD) for certain DAHER AEROSPACE (type certificate previously held by SOCATA) Model TBM 700 airplanes. This AD was prompted by mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as interference between the emergency exit trim panel and the upholstery panel, which could result in additional effort required to open the emergency exit door. This AD requires modification of the gripping strap, which maintains the upholstery panel on the emergency exit trim panel. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 21, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 21, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–0425; 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 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. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain DAHER AEROSPACE Model TBM 700 airplanes. The NPRM published in the Federal Register on March 8, 2023 (88 FR 14301). The NPRM was prompted by AD 2022–0149, dated July 21, 2022 (referred to after this as ‘‘the MCAI’’), issued by the European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union. The MCAI was prompted by a report that, due to interference between the emergency exit trim panel and the upholstery panel, additional effort may be required to open the emergency exit door. An investigation revealed that the gripping strap, which maintains the upholstery panel on the emergency exit trim panel, is not properly sized. The MCAI requires inserting a temporary revision (TR) into the emergency procedures section of the applicable pilot’s operating handbook (POH), informing all flight crews, operating the airplane accordingly, and modifying the gripping strap, at which time the TR can be removed from the POH. The unsafe condition, if not addressed, could lead to failure of the emergency exit door to perform its intended function during an emergency opening, possibly resulting in reduced evacuation capacity from the airplane and injury to occupants. In the NPRM, the FAA proposed to require modification of the gripping strap, which maintains the upholstery panel on the emergency exit trim panel. The FAA is issuing this AD to address the unsafe condition on these products. AGENCY: SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\16JNR1.SGM 16JNR1

Agencies

[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Rules and Regulations]
[Pages 39341-39344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12934]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0439; Project Identifier MCAI-2022-01263-T; 
Amendment 39-22449; AD 2023-11-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was 
prompted by a report that a design deficiency was discovered which 
could allow a no-back pawl to be incorrectly installed in a horizontal 
stabilizer trim actuator (HSTA). This AD requires a check for part 
number and serial numbers of the HSTA, and if necessary, inspection of 
the no-back pawl installation, and corrective action. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 21, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 21, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0439; 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 service information identified in this final rule, 
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 bombardier.com">[email protected]bombardier.com; website 
bombardier.com.
     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. It is also available at 
regulations.gov under Docket No. FAA-2023-0439.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

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 24, 2023 (88 FR 17748). The NPRM was prompted by AD 
CF-2022-55, dated September 21, 2022, issued by Transport Canada, which 
is the aviation authority for Canada (referred to after this as the 
MCAI). The MCAI states that during an unscheduled inspection, a design 
deficiency was discovered which could allow a no-back pawl to be

[[Page 39342]]

incorrectly installed in an HSTA. The no-back mechanism is a primary 
means to prevent back driving of the HSTA, and the motor brake 
assemblies (MBAs) are the secondary means. If this condition is not 
corrected, a non-functioning no-back mechanism in combination with loss 
of, or degraded HSTA MBA braking capability, could lead to a loss of 
control of the airplane. The MCAI also states that as a mitigating 
action, Transport Canada AD CF-2019-23, dated June 18, 2019, was issued 
to mandate a software upgrade for the horizontal stabilizer trim 
electronic control unit to verify the MBA for braking capability during 
the power up test on certain Bombardier, Inc., Model BD-100-1A10 
airplanes. Transport Canada AD CF-2019-23 corresponds to FAA AD 2019-
15-04, Amendment 39-19697 (84 FR 38862, August 8, 2019) (AD 2019-15-
04).
    In the NPRM, the FAA proposed to require a check for part number 
and serial numbers of the HSTA, and if necessary, inspection of the no-
back pawl installation, and corrective action. 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-2023-0439.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from an individual who supported the 
SNPRM/NPRM without change.

Additional Changes to This AD

    The FAA has revised paragraph (h) of this AD to clarify the parts 
installation prohibition applies only to any HSTA with P/N C47100-003 
or P/N C47100-004 that does not have either the suffix-K following the 
serial number or a modification plate showing ``SB C47100-27-02'' or 
``SB C47100-27-03.'' In the NPRM, the FAA had inadvertently stated that 
installation of an HSTA with a modification plate showing ``SB C47100-
27-02'' or ``SB C47100-27-03'' was prohibited.

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 
comments 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 
change, this AD is adopted as proposed in the NPRM. None of the changes 
will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletins 100-27-20 and 350-27-
009, both Revision 01, both dated December 1, 2020. This service 
information specifies procedures for a check for part number and serial 
numbers of the HSTA, and if necessary, inspection of the no-back pawl 
installation and corrective action. Corrective actions include 
replacement of the HSTA, and a re-identification and test of the HSTA. 
These documents are distinct since they apply to different airplane 
configurations. 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.

Costs of Compliance

    The FAA estimates that this AD will affect 703 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 2 work-hours x $85 per hour  None.....................  Up to $170..............  Up to $119,510.
 = Up to $170.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
airplanes that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost               Parts cost       Cost per product
------------------------------------------------------------------------
Up to 25 work-hours x $85 per            $2,905   Up to $5,030.
 hour = Up to $2,125.
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

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

[[Page 39343]]

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:

2023-11-04 Bombardier, Inc.:
Amendment 39-22449; Docket No. FAA-2023-0439; Project Identifier 
MCAI-2022-01263-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 21, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, having serial number 20003 
and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a report that a design deficiency was 
discovered which could allow a no-back pawl to be incorrectly 
installed in a horizontal stabilizer trim actuator (HSTA). The FAA 
is issuing this AD to address incorrectly installed no-back pawls. 
The unsafe condition, if not addressed, could result in a non-
functioning no-back mechanism, which, in combination with loss of or 
degraded HSTA motor brake assembly (MBA) braking capability, could 
lead to a loss of control of the airplane.

(f) Compliance

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

(g) Records Check and Corrective Actions

    Within 60 months after the effective date of this AD, check the 
airplane maintenance records or do a visual check to determine the 
part and serial numbers of the HSTA.
    (1) If the part number is C47100-005: No further action is 
required by this paragraph.
    (2) If the part number is C47100-004 and the serial number ends 
with the suffix-K: No further action is required by this paragraph.
    (3) If the serial number is listed in the table referred to in 
paragraph 2.B.(4) of the Accomplishment Instructions of the 
applicable Bombardier service bulletin identified in figure 1 to 
paragraph (g)(3) of this AD: Within 60 months from the effective 
date of this AD, inspect the HSTA no-back mechanism pawls in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
the applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD.
    (i) If one or more pawls are not correctly installed: Before 
further flight, replace the HSTA in accordance with paragraph 2.E. 
of the Accomplishment Instructions of the applicable service 
bulletin identified in figure 1 to paragraph (g)(3) of this AD.
    (ii) If all the pawls are correctly installed, re-identify and 
test the HSTA, and do all applicable corrective actions, in 
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment 
Instructions of the applicable service bulletin identified in figure 
1 to paragraph (g)(3) of this AD.

      Figure 1 to Paragraph (g)(3)--Applicable Service Information
------------------------------------------------------------------------
                                                Applicable bombardier
              Airplane model                      service bulletin
------------------------------------------------------------------------
BD-100-1A10 (CH300 marketing).............  100-27-20, Revision 01,
                                             dated December 1, 2020.
BD-100-1A10 (CH 350 marketing)............  350-27-009, Revision 01,
                                             dated December 1, 2020.
------------------------------------------------------------------------

    (4) If the serial number is listed in the table referred to in 
paragraph 2.B.(5) of the Accomplishment Instructions of the 
applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD: Within 60 months from the effective date of this 
AD, add a modification plate to the HSTA in accordance with 
paragraph 2.D. of the Accomplishment Instructions of the applicable 
service bulletin identified in figure 1 to paragraph (g)(3) of this 
AD.
    (5) If the records check is inconclusive, or if a visual check 
instead of a records check of the HSTA was accomplished: Within 60 
months from the effective date of this AD, verify the part numbers 
and serial numbers of the HSTA, and verify the modification plate, 
in accordance with paragraph 2.B. of the Accomplishment Instructions 
of the applicable service bulletin identified in figure 1 to 
paragraph (g)(3) of this AD.
    (i) If the HSTA has part number (P/N) C47100-005: No further 
action is required by this paragraph.
    (ii) If the HSTA has P/N C47100-004 and a serial number that 
ends with the suffix-K, or if the modification plate contains ``SB 
C47100-27-02'' or ``SB C47100-27-03'': No further action is required 
by this paragraph.
    (iii) If the serial number is listed in the table referred to in 
paragraph 2.B.(4) of the Accomplishment Instructions of the 
applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD: Within 60 months from the effective date of this 
AD, inspect the HSTA no-back mechanism pawls in accordance with 
paragraph 2.C. of the Accomplishment Instructions of the applicable 
service bulletin identified in figure 1 to paragraph (g)(3) of this 
AD.
    (A) If one or more pawls are not correctly installed, before 
further flight, replace the HSTA in accordance with Paragraph 2.E. 
of the Accomplishment Instructions of the applicable service 
bulletin identified in figure 1 to paragraph (g)(3) of this AD.
    (B) If all the pawls are correctly installed, re-identify and 
test the HSTA, and do all applicable corrective actions, in 
accordance with paragraphs 2.C.(4) and 2.F. of the Accomplishment 
Instructions of the applicable service bulletin identified in figure 
1 to paragraph (g)(3) of this AD.
    (iv) If the serial number is listed in the table referred to in 
paragraph 2.B.(5) of the Accomplishment Instructions of the 
applicable service bulletin identified in figure 1 to paragraph 
(g)(3) of this AD: Within 60 months from the effective date of this 
AD, add a modification plate to the HSTA in accordance with 
paragraph 2.D. of the Accomplishment Instructions of the applicable 
service bulletin identified in figure 1 to paragraph (g)(3) of this 
AD.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
HSTA with P/N C47100-003 or P/N C47100-004 that does not have either 
the suffix-K following the serial number or a modification plate 
showing ``SB C47100-27-02'' or ``SB C47100-27-03'' on any airplane.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the applicable service information identified 
in paragraphs (i)(1) and (2) of this AD.
    (1) Bombardier Service Bulletin 100-27-20, dated November 9, 
2020.
    (2) Bombardier Service Bulletin 350-27-009, dated November 9, 
2020.

(j) 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

[[Page 39344]]

to the manager of the International Validation Branch, mail it to 
ATTN: Program Manager, Continuing Operational Safety, at the address 
identified in paragraph (k)(2) of this AD or email to: [email protected]. 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.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2022-55, dated September 21, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0439.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Bombardier Service Bulletin 100-27-20, Revision 01, dated 
December 1, 2020.
    (ii) Bombardier Service Bulletin 350-27-009, Revision 01, dated 
December 1, 2020.
    (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 bombardier.com">[email protected]bombardier.com; 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-12934 Filed 6-15-23; 8:45 am]
BILLING CODE 4910-13-P
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