[Federal Register Volume 87, Number 192 (Wednesday, October 5, 2022)]
[Proposed Rules]
[Pages 60352-60356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21573]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1251; Project Identifier MCAI-2022-00588-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 adopt a new airworthiness directive (AD) 
for all Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD 
was prompted by an investigation that indicated that one of the springs 
in the pitch trim switch of the horizontal stabilizer had failed. The 
failure of the spring could result in the airplane pitching nose down 
when actually commanded nose up. This proposed AD would require a 
verification of the serial numbers of certain pitch trim switches, and 
replacement of the affected pitch trim switches with new ones in the 
pilot and co-pilot control wheels. This proposed AD would also 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 November 
21, 2022.

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.
    For service information identified in this NPRM, contact Bombardier 
Business Aircraft Customer Response

[[Page 60353]]

Center, 400 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, 
Canada; telephone 1-514-855-2999; email bombardier.com">[email protected]bombardier.com; 
internet 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.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1251; 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.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
email [email protected].

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-2022-1251; Project Identifier 
MCAI-2022-00588-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 
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; email [email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2022-24, dated May 2, 2022 
(TCCA AD CF-2022-24) (also referred to after this as the MCAI), to 
correct an unsafe condition on all Bombardier, Inc., Model BD-100-1A10 
airplanes. The MCAI states that during several in-service events, 
following a stab trim fault advisory message and an auto-pilot 
disconnect, both pilot and co-pilot commands to trim the horizontal 
stabilizer nose-up resulted in a nose-down movement of the horizontal 
stabilizer. In two events, the horizontal stabilizer reached the full 
travel nose-down position before the crew recognized the nature of the 
problem, and quickly recovered control of the airplane for safe 
landing. As a result, this led to increased crew workload and reduced 
safety margins.
    Subsequent investigation by Bombardier and the supplier of the 
horizontal stabilizer pitch trim switch determined that one of the 
springs within the pitch trim switch had failed. The supplier of the 
springs was changed in 2019. The majority of observed pitch trim switch 
failures occurred in pitch trim switches that were manufactured after 
2019.
    TCCA AD CF-2022-24 requires the replacement of the affected pitch 
trim switches with re-designed pitch trim switches that have reliable 
springs. The FAA is issuing this AD to address the failure of the 
springs in the pitch trim switch, which, if not corrected, could result 
in the airplane pitching nose down when actually commanded nose up, 
resulting in reduced controllability of the airplane and high control 
forces.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1251.

Related Service Information Under 1 CFR Part 51

    The FAA has reviewed Bombardier Service Bulletin 100-27-21, dated 
March 21, 2022, for Model BD-100-1A10 (CH-300) airplanes, S/Ns 20003 to 
20500. This service information describes procedures for verifying 
serial numbers (S/Ns) of certain pitch trim switch part numbers in the 
pilot and co-pilot control wheels, and replacing affected pitch trim 
switches.
    The FAA has also reviewed Bombardier Service Bulletin 350-27-011, 
dated March 21, 2022, for Model BD-100-1A10 (CH-350) airplanes, S/Ns 
20501 to 20936. This service information describes procedures for 
verifying S/Ns of certain pitch trim switch part numbers in leather and 
non-leather covered pilot and co-pilot control wheels, and replacing 
affected pitch trim switches.
    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the 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 require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also prohibit the installation of affected pitch trim switches.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 697 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 60354]]



                                      Estimated Costs for Required Actions
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                                                                                                     Cost per
                    Action                                 Labor cost                  Parts          product
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Switch inspection.............................  1 work-hour x $85 per hour = $85             N/A         $59,245
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                                     Estimated Costs of On-Condition Actions
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                                                                                                     Cost per
                    Action                                 Labor cost                  Parts          product
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Switch replacement (Airplane S/Ns 20003-20500)  4 work-hours x $85 per hour =             $2,352          $2,692
                                                 $340.
Switch replacement (Airplane S/Ns 20501-20936)  4 work-hours x $85 per hour =              2,442           2,782
                                                 $340.
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    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 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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

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:

Bombardier, Inc.: Docket No. FAA-2022-1251; Project Identifier MCAI-
2022-00588-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the investigation that one of the 
springs in the pitch trim switch for the horizontal stabilizer had 
failed. The FAA is issuing this AD to address the failure of the 
springs in the pitch trim switch. The unsafe condition, if not 
corrected, could result in the airplane pitching nose down when 
actually commanded nose up, and the flightcrew may not be able to 
regain control of the horizontal stabilizer, resulting in reduced 
controllability of the airplane and high control forces.

(f) Compliance

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

(g) Review of the Airplane Records

    Within 200 flight hours or 6 months, whichever occurs first, 
from the effective date of this AD, review the airplane (technical) 
records for the horizontal stabilizer pitch trim switches and 
control wheels to determine the date of replacement, if any, of the 
pilot or co-pilot trim switch and control wheels.
    (1) If the pilot or co-pilot pitch trim switch or control wheels 
were removed after January 1, 2019, and the replacement pitch trim 
switches have serial numbers 02000 and subsequent, then no further 
action is required other than compliance with paragraph (j) of this 
AD.
    (2) For airplanes with serial numbers (S/Ns) 20003 through 20780 
inclusive: If no pilot or co-pilot pitch trim switch or control 
wheel was replaced after January 1, 2019, then no further action is 
required other than compliance with paragraph (j) of this AD.
    (3) For airplanes with S/Ns 20901 through 20936 inclusive: If no 
pilot or co-pilot pitch trim switch or control wheel has been 
replaced on an airplane, then no further action is required other 
than compliance with paragraph (j) of this AD.

(h) Verification and Replacement of Pitch Trim Switches

    For airplanes not identified in paragraphs (g)(1) through (3) of 
this AD: Within 200 flight hours or 6 months, whichever occurs 
first, from the effective date of this AD, identify the serial 
numbers of both the pilot and co-pilot pitch trim switches, and do 
the applicable actions specified in paragraph (h)(1) or (2) of this 
AD.
    (1) If the pilot or co-pilot pitch trim switch has a serial 
number that is not listed in figure 2 to paragraph (h) of this AD, 
before further flight re-install the pitch trim switch in accordance 
with Section 2.B. of the Accomplishment Instructions of the 
applicable service information identified in figure 1 to paragraph 
(h) of this AD.
    (2) If the pilot or co-pilot pitch trim switch has a serial 
number listed in figure 2 to paragraph (h) of this AD, before 
further flight, replace the pitch trim switch in accordance

[[Page 60355]]

with Section 2.B. of the Accomplishment Instructions of the 
applicable service information identified in figure 1 to paragraph 
(h) of this AD.
    (3) Before further flight perform the operational test in 
accordance with Section 2.C. of the Accomplishment Instructions of 
the applicable service information identified Bombardier SB listed 
in figure 1 to paragraph (h) of this AD.
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[GRAPHIC] [TIFF OMITTED] TP05OC22.041

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(i) Verification/Replacement of Pitch Trim Switches for Airplanes With 
S/Ns 20501 and Subsequent With Certain Control Wheel P/Ns 83912156 and 
83912157

    For airplanes with S/Ns 20501 and subsequent with leather-
covered control wheels, pilot control wheel P/N 83912156, or co-
pilot control wheel P/N 83912157: Within 200 flight hours or 6 
months, whichever occurs first, from the effective date of this AD, 
remove and inspect both the pilot and co-pilot pitch trim switches 
to determine the part number of the pitch trim switch in accordance 
with Section 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 350-27-011, dated March 21, 2002.
    (1) If pitch trim switch P/N 83452541 or P/N 83452548 is found 
installed in either the pilot or the co-pilot control wheel, before 
further flight, replace the pitch trim switch with pitch trim switch 
P/N 83452548, serial number 02000 and subsequent, in accordance with 
Section 2.B. of the Accomplishment Instructions of the applicable 
service information identified in figure 1 to paragraph (h) of this 
AD.
    (2) Before further flight thereafter perform the operational 
test in accordance with Section 2.C. of the Accomplishment 
Instructions of Bombardier Service Bulletin 350-27-011, dated March 
21, 2002.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, a trim switch P/N 83452548 or P/N 83452541 with any 
serial number listed in figure 2 to paragraph (h) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. 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, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2022-24, dated May 2, 2022, for related 
information. This MCAI may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-1251.

[[Page 60356]]

    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; email [email protected].
    (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 1-514-855-2999; email bombardier.com">[email protected]bombardier.com; internet 
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.

    Issued on September 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-21573 Filed 10-4-22; 8:45 am]
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