SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments using a method listed under the ADDRESSES section. Include ( printed page 60526) “Docket No. FAA-2025-2277; Project Identifier MCAI-2023-00733-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 this 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 SNPRM.

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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should be sent to Fatin Saumik, 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 an NPRM to amend 14 CFR part 39 by adding an AD that would have applied to all Bombardier, Inc., Model BD-700-2A12 airplanes. The NPRM was published in the Federal Register on September 9, 2025 (90 FR 43400). The NPRM was prompted by Transport Canada AD CF-2023-38, dated June 1, 2023 (Transport Canada AD CF-2023-38), issued by Transport Canada, which is the aviation authority for Canada. Transport Canada AD CF-2023-38 states that new or more restrictive airworthiness limitations have been developed.

In the NPRM, the FAA proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations.

Actions Since the NPRM Was Issued

Since the FAA issued the NPRM, Transport Canada superseded Transport Canada AD CF-2023-38 and issued Transport Canada AD CF-2023-38R1, dated November 13, 2025 (Transport Canada AD CF-2023-38R1) (also referred to as the MCAI), to correct an unsafe condition for certain Model BD-700-2A12 airplanes. The MCAI states that the applicability was revised to limit the affected airplanes by excluding airplanes on which the intent of Transport Canada AD CF-2023-38 is incorporated in production and therefore are not affected by the unsafe condition.

The FAA is proposing this AD to address reduced structural integrity of the airplane and reduced controllability of the airplane.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-2277.

Comments

The FAA received comments from an anonymous commenter who supported the NPRM without change and three anonymous commenters who supported the NPRM but had additional comments.

The FAA received additional comments from Bombardier, The Citizens Rulemaking Alliance, NetJets, and three anonymous commenters. The following presents the comments received on the NPRM and the FAA's response to each comment.

Request for Service Information

NetJets requested that the FAA explain how operators can comply with the cited material: Bombardier Global 7500 Revision Submission, RS-BD700-2A12-052, dated May 7, 2025. NetJets stated it received a response from Bombardier Maintenance Programs and Planning explaining that Bombardier Global 7500 Revision Submission, RS-BD700-2A12-052, dated May 7, 2025; is not provided to operators as it is an internal document.

Bombardier also commented that Bombardier Global 7500 Revision Submission, RS-BD700-2A12-052, is not yet published and will not be available to operators. Bombardier stated that the RS-BD700-2A12-052 contents will be published in the next airworthiness limitations manual.

The FAA acknowledges that Bombardier Global 7500 Revision Submission, RS-BD700-2A12-052, dated May 7, 2025, will not be available to operators. However, Bombardier has issued Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, which includes the same additional mandatory maintenance tasks (AMMTs) as those specified in Bombardier Global 7500 Revision Submission, RS-BD700-2A12-052, dated May 7, 2025.

Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, will be incorporated by reference and available in the AD docket at regulations.gov under Docket No. FAA-2025-2277 when the final rule is published.

The FAA has revised paragraph (g)(1) of this proposed AD to refer to Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, for incorporating AMMTs. The FAA has also revised paragraph (g)(2) of this proposed AD to provide an option to incorporate all applicable airworthiness limitations specified in Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025.

Request To Allow Later Revisions

An anonymous commenter requested that the FAA permit operators to adhere to the most recent iterations of Bombardier's Time Limits/Maintenance Checks (TLMC). manuals if more stringent safety regulations are included in those updates. The commenter stated that operators might have to hold off on implementing updated procedures until after another AD. The commenter stated that adopting the most recent safety data more quickly and in accordance with contemporary safety management principles would be facilitated by permitting the use of future revisions and would improve efficiency and safety. The commenter noted that Bombardier frequently updates its maintenance programs to reflect new findings.

The FAA cannot allow the use of future revisions because the agency may not refer to any document that does not yet exist in an AD. In general terms, the FAA is required by Office of the Federal Register (OFR) regulations for approval of materials incorporated by reference, as specified in 1 CFR 51.1(f), to either publish the service document contents as part of the actual AD language; or submit the service document to the OFR for approval as referenced material, in which case the FAA may only refer to ( printed page 60527) such material in the text of an AD. The AD may refer to the service document only if the OFR approved it for incorporation by reference. See 1 CFR part 51.

To allow operators to use later revisions of the referenced document (issued after publication of the AD), either the FAA must revise the proposed AD to reference specific later revisions, or operators must request approval to use later revisions as an alternative method of compliance with this proposed AD under the provisions of paragraph (i)(1) of this proposed AD. As stated previously, the FAA has revised paragraph (g)(2) of this proposed AD to allow the use of a later revision of the airworthiness limitations document.

Request To Include the Cost Savings

An anonymous commenter requested that the FAA include the average repair costs that would occur if preventative or frequent maintenance is not done. The commenter stated that the cost of updating an operator's maintenance/inspection program to adopt the latest airworthiness limitations ($7,650) is the practical choice when considering the cost of repairs without preventive maintenance. The commenter also stated that the NPRM did not quantify the risk associated with the unsafe condition, so operators may see the proposed regulation as lacking a clear cost benefit argument.

The FAA cannot quantify the safety cost savings for this proposed AD. However, the FAA has estimated the proposed AD's compliance cost impact in response to another commenter (see Request to Consider Impact on Small Entities), which determined that this proposed AD would not have a significant impact on a substantial number of the affected operators. Further, the FAA has determined that an unsafe condition exists and therefore the actions required by this proposed AD must be done.

Request for Guidance

An anonymous commenter requested the FAA give clear guidance or a standard template for updating the maintenance procedures. The commenter stated this would make it easier for airlines to follow the rules correctly and reduce mistakes. The commenter also noted that meeting the new requirements in stages could help airlines handle costs and training without causing delays. The commenter concluded these changes would make the proposed AD easier to implement while keeping flights safe.

The FAA disagrees that guidance on revising the maintenance or inspection program is needed. Operators may accomplish the maintenance or inspection program revision using their own procedures, which vary among operators. The FAA has not revised this proposed AD in this regard.

Request To Justify Forgoing Notice and Comment or Issue an NPRM

The Citizens Rulemaking Alliance requested that the FAA either provide its justification for finding good cause to bypass notice and comment procedures, or convert this action to an NPRM and stay the effective date while soliciting comments. The commenter asserted the FAA has not adequately justified use of the good cause exemption to bypass notice and comment and the 30-day delayed effective date.

The FAA notes the comment was submitted in response to an NPRM for which the FAA provided a 45-day comment period. This SNPRM also provides a 30-day comment period. Therefore, no change to this proposed AD is necessary.

Request To Make Incorporation by Reference (IBR) Materials Reasonably Available

The Citizens Rulemaking Alliance requested that the FAA make IBR material available and free to the public during the comment period. The commenter asserted that this AD incorporates by reference proprietary service information that is not reasonably available to the public.

The FAA's practices comply with 5 U.S.C. 552(a) of the Administrative Procedure Act and 1 CFR part 51. The FAA makes IBR materials available in the AD docket when the final rule is published in the Federal Register , following formal approval of the IBR by the Office of the Federal Register. Materials may only be posted before the final rule's publication if they are already publicly available or if there is written consent from the owner of the IBR material. All relevant materials incorporated by reference will be accessible in the AD docket on Regulations.gov, which the public can access without registration or fees.

The FAA also provides summaries and access details in the preamble and regulatory text, makes materials available for inspection at FAA and National Archives and Records Administration (NARA) offices, offers publisher contact information, and obtains formal IBR approval from the Office of the Federal Register. These efforts are intended to ensure that all IBR materials meet the “reasonably available” standard required by 1 CFR part 51. The FAA did not change this proposed AD as a result of this comment.

Request To Comply With the Paperwork Reduction Act (PRA)

The Citizens Rulemaking Alliance requested that the FAA revise the AD to comply with the PRA if reporting is required or remove or clarify that no reporting is required. The commenter stated that the PRA requires providing the applicable OMB control number(s), required PRA statements, and burden estimates in the AD and docket.

The FAA notes this proposed AD does not require reporting. If an AD were to require reporting, the preamble of the AD would include a paragraph titled “Paperwork Reduction Act” that would provide the applicable OMB control number, required PRA statements, and the estimated time to collect the required information (burden). Any costs associated with the reporting requirement would be included in the Costs of Compliance section in the preamble of the AD. Therefore, the FAA did not change this proposed AD as a result of this comment.

Request To Consider Impact on Small Entities

The Citizens Rulemaking Alliance requested that the FAA either provide the factual basis for its Regulatory Flexibility Act (RFA) certification that the AD will not have a significant economic impact on a substantial number of small entities, or prepare an initial regulatory flexibility analysis.

The FAA provides the following clarification. The RFA of 1980 (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 111-240), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

The FAA identified the primary North American Industry Classification System (NAICS) industry of each entity or each entity's parent company and then used data from different sources ( e.g., company annual reports, Bureau of Transportation Statistics) to determine whether the entity meets the applicable size standard. The following table provides the Small Business Association (SBA) size standards for all industries ( printed page 60528) with at least 1 impacted relevant entity and the estimated number of affected small entities within each NAICS industry.

While the FAA has determined this proposed AD affects a substantial number of small entities, the compliance cost of the proposed AD is minimal relative to each small entity's annual revenue. The proposed AD's $7,650 per-entity cost as a percentage of annual revenue imposes a burden no greater than 1.7%. Therefore, as provided in section 605(b), the FAA certifies this proposed AD will not result in a significant economic impact on a substantial number of small entities. The FAA did not change this proposed AD as a result of this comment. The table below displays the cost impact of the proposed AD on all 10 small entities.

Request To Provide Additional Cost Information

The Citizens Rulemaking Alliance requested that the FAA add to the AD docket the data supporting its cost estimate, including assumptions about labor, parts availability, airplane downtime, and fleet size and confirm and explain the FAA's determination that the AD is not significant under Executive Order 12866.

The FAA notes that in preamble of the proposed AD, the FAA certified that this regulation is not a “significant regulatory action” under Executive Order 12866, which means, in part, that the regulation will not have an annual effect on the economy of $100 million or more. Further, in the Costs of Compliance section of the proposed AD, the FAA disclosed the number of affected airplanes on the U.S. registry, estimated number of work hours to comply with the proposed AD, and the aggregate costs. The work-hour estimate is the based on a survey of transport operators, which found that the mean average is 90 work-hours to revise an operator's maintenance or inspection program. Parts availability is not considered in the cost estimate because this proposed AD does not require any airplane parts.

Further, the FAA has determined that the current labor rate of $85 per hour remains accurate for this proposed AD. The FAA evaluates this rate periodically, based on U.S. Department of Labor Statistic (BLS) data found at data.bls.gov/​oes, and will change the rate when appropriate. The FAA used a blended wage rate to estimate the labor rate for this proposed AD, where the FAA assumes 60 percent weight for aircraft mechanics (at a fully burdened mean wage rate of $69.85 per hour) and 40 percent for general and operations managers (at a fully burdened mean wage rate of $108.15 per hour). To calculate the blended wage rate, the FAA multiplied each wage rate by its corresponding weight and added up the products to obtain a wage rate of $85.17, which the FAA rounded down to $85.

Since the FAA has assessed and disclosed all known costs of the proposed AD requirements in the Costs of Compliance section of the proposed AD, and the commenter did not provide additional cost data for the FAA to consider in its cost analysis, the FAA determined that the existing analysis is complete. Based upon the analysis provided throughout the proposed AD and in the previous comment response, the FAA certifies that this proposed AD is not a “significant regulatory action” under Executive Order 12866. The FAA did not change this proposed AD as a result of this comment.

Explanation of Change to the Applicability

The applicability of the proposed AD specified all Model BD-700-2A12 airplanes were affected. However, the applicability of this proposed AD has been revised to exclude airplanes that are not affected by the unsafe condition. Although the applicability of Transport Canada AD CF-2023-38R1 specified affected airplane serial numbers, the applicability of this proposed AD specifies Model BD-700-2A12 ( printed page 60529) airplanes, except for airplanes on which the information specified in Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, or later revisions of Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, approved by Transport Canada, has been incorporated into the existing maintenance or inspection program, as applicable. The airplanes identified in the exception meet the intent of the requirements of this proposed AD.

Material Incorporated by Reference Under 1 CFR Part 51

Bombardier Global 7500 Airworthiness Limitations, BD700-3AB48-11400-01, Issue No. 017, dated February 28, 2023. This service information specifies new or more restrictive airworthiness limitations for fuel tank systems, safe life limits, certification maintenance requirements, and candidate certification maintenance requirements (CCMRs).

The FAA also reviewed Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025. This service information specifies airworthiness limitations, which includes new airworthiness limitations identified as AMMTs, which replace the CCMRs for the FAA.

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.

FAA's Determination

These products have been approved by the civil aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, that authority has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this SNPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design.

Certain changes described above expand the scope of the NPRM. As a result, it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations.

Costs of Compliance

The FAA estimates that this proposed AD affects 58 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:

The FAA has determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).

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.

The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

2. The FAA amends § 39.13 by adding the following new airworthiness directive:

Bombardier, Inc.: Docket No. FAA-2025-2277; Project Identifier MCAI-2023-00733-T.

(a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by October 26, 2026.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc., Model BD-700-2A12 airplanes, certificated in any category, except for airplanes on which the information specified in Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, or later revisions of Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, approved by Transport Canada, has been incorporated into the existing maintenance or inspection program, as applicable.

(d) Subject

Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

(e) Unsafe Condition

This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address reduced structural integrity of the airplane and reduced controllability of the airplane.

(f) Compliance

Comply with this AD within the compliance times specified, unless already done. ( printed page 60530)

(g) Maintenance or Inspection Program Revision

Within 90 days after the effective date of this AD, do the actions specified in paragraph (g)(1) or (2) of this AD.

(1) Revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in paragraph (g)(1)(i) and (ii) of this AD. The initial compliance time for doing the tasks is at the time specified in Bombardier Global 7500 Airworthiness Limitations, BD700-3AB48-11400-01, Issue No. 017, dated February 28, 2023, and in the “Additional mandatory maintenance tasks—General” section of Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, as applicable, or within 90 days after the effective date of this AD, whichever occurs later.

(i) Bombardier Global 7500 Airworthiness Limitations, BD700-3AB48-11400-01, Issue No. 017, dated February 28, 2023, except for the information specified in the “Candidate CMR Limitations—General” section.

(ii) The “Additional mandatory maintenance tasks—General” section of Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025.

(2) Revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025. The initial compliance time for doing the tasks is at the time specified in Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025, or within 90 days after the effective date of this AD, whichever occurs later.

(h) No Alternative Actions, Intervals, or Critical Design Configuration Control Limitations (CDCCLs)

After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions ( e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (i)(1) of this AD.

(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, send it to the attention of the person identified in paragraph (j) of this AD and email to: AMOC@faa.gov. 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 Fatin Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: 9-avs-nyaco-cos@faa.gov.

(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) Bombardier Global 7500 Airworthiness Limitations, BD700-3AB48-11400-01, Issue No. 017, dated February 28, 2023.

(ii) Bombardier Global 7500/8000 Airworthiness limitations BD700-3AB48-11400-01, Issue No. 024, dated December 15, 2025.

(3) For Bombardier material identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email ac.yul@aero.bombardier.com; 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 fr.inspection@nara.gov.

91 FR 60525