[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34794-34797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11439]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1052; Project Identifier MCAI-2023-00260-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 certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
This proposed AD was prompted by an uncommanded flap extension 
accompanied by a flaps fail caution message during climb. This proposed 
AD requires initial and repetitive operational tests of the flap 
control system. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 17, 
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1052; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For service information identified in this NPRM, 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">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.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; 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-2023-1052; Project Identifier 
MCAI-2023-00260-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

[[Page 34795]]

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 
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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, which is the aviation authority for Canada, has 
issued AD CF-2023-07, dated February 10, 2023 (Transport Canada AD CF-
2023-07) (also referred to as the MCAI), to correct an unsafe condition 
on certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
The MCAI states a Model CL-600-2B16 airplane experienced an uncommanded 
flap extension from 0 to 45 degrees, accompanied by a flaps fail 
caution message during climb. The airplane returned to the departure 
airport without further incident. The investigations found that the 
flap control system failed to arrest the uncommanded movement due to a 
failed retract relay. The failed retract relay also caused the flap 
control system to operate at half speed, which was undetected during 
previous flights. The root cause of the uncommanded flap extension 
remains under investigation. Transport Canada considers its AD to be an 
interim action, and further AD action may follow. See Transport Canada 
AD CF-2023-07 for additional background information.
    The FAA is proposing this AD to address the failure of the flap 
control system to arrest the uncommanded flap extension. The unsafe 
condition, if not addressed, could lead to the loss of control of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1052.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies 
procedures for performing initial and repetitive operational tests of 
the inboard and outboard flaps to verify the functionality of the 
retract relays. The service information also specifies contacting the 
manufacturer for corrective action for any anomaly found during an 
operational test. These documents are distinct since they apply to 
different airplane models.
     Bombardier Service Bulletin 600-0780, dated December 29, 
2022.
     Bombardier Service Bulletin 601-1112, Revision 01, dated 
February 23, 2023.
     Bombardier Service Bulletin 604-27-040, dated December 29, 
2022.
     Bombardier Service Bulletin 605-27-011, dated December 29, 
2022.
     Bombardier Service Bulletin 650-27-004, dated December 29, 
2022.
    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

    These products have been approved by the 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, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this NPRM after determining that 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.

Interim Action

    The FAA considers this proposed AD would be an interim action. If 
final action is later identified, the FAA might consider further 
rulemaking then.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,124 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                     Cost per
                  Labor cost                       Parts cost        product          Cost on U.S. operators
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1 work-hour x $85 per hour = $85..............              $0              $85   $95,540 per test cycle.
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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

[[Page 34796]]

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-2023-1052; Project Identifier MCAI-
2023-00260-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in 
any category, identified in paragraphs (c)(1) through (3) of this 
AD.
    (1) Model CL-600-1A11 (600) airplanes, serial numbers 1004 
through 1085 inclusive.
    (2) Model CL-600-2A12 (601) airplanes, serial numbers 3001 
through 3066 inclusive.
    (3) Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) 
airplanes, serial numbers 5001 through 5194 inclusive, 5301 through 
5665 inclusive, 5701 through 5988 inclusive, and 6050 through 6999 
inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a Model CL-600-2B16 airplane that 
experienced an uncommanded flap extension from 0 to 45 degrees, 
accompanied by a flaps fail caution message during climb. The FAA is 
issuing this AD to address the failure of the flap control system to 
arrest the uncommanded flap extension. The unsafe condition, if not 
addressed, could lead to the loss of control of the airplane.

(f) Compliance

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

(g) Initial Operational Test

    Within 100 flight hours or 15 months, whichever occurs first 
after the effective date of this AD, perform an initial operational 
test of the inboard and outboard flaps, and all applicable 
corrective actions, in accordance with Section 2.B. of the 
Accomplishment Instructions of the applicable service information 
identified in paragraphs (g)(1) through (5) of this AD. Corrective 
actions must be done before further flight after the test.
    (1) For Model CL-600-1A11 (Challenger 600) airplanes, serial 
numbers 1004 through 1085 inclusive: Use Bombardier Service Bulletin 
600-0780, dated December 29, 2022.
    (2) For Model CL-600-2A12 (Challenger 601) airplanes, serial 
numbers 3001 through 3066 inclusive, and Model CL-600-2B16 
(Challenger 601) airplanes, serial numbers 5001 through 5194 
inclusive: Use Bombardier Service Bulletin 601-1112, Revision 01, 
dated February 23, 2023.
    (3) For Model CL-600-2B16 (Challenger 604) airplanes, serial 
numbers 5301 through 5665 inclusive: Use Bombardier Service Bulletin 
604-27-040, dated December 29, 2022.
    (4) For Model CL-600-2B16 (Challenger 605) airplanes, serial 
numbers 5701 through 5988 inclusive: Use Bombardier Service Bulletin 
605-27-011, dated December 29, 2022.
    (5) For Model CL-600-2B16 (Challenger 650) airplanes, serial 
numbers 6050 through 6999 inclusive: Use Bombardier Service Bulletin 
650-27-004, dated December 29, 2022.

(h) Repetitive Operational Tests

    Repeat the operational test required by paragraph (g) of this AD 
at the applicable time specified in paragraph (h)(1) through (3) of 
this AD.
    (1) For Model CL-600-1A11 airplanes: Repeat at intervals not to 
exceed 100 flight hours.
    (2) For the airplanes identified in paragraphs (h)(2)(i) and 
(ii) of this AD: Repeat within the repetitive intervals specified in 
Section 1.D. of Bombardier Service Bulletin 601-1112, Revision 01, 
dated February 23, 2023.
    (i) Model CL-600-2A12 airplanes.
    (ii) Model CL-600-2B16 airplanes, serial numbers 5001 through 
5194.
    (3) For the airplanes identified in paragraphs (h)(3)(i) through 
(iii) of this AD: Repeat the test at intervals not to exceed 400 
flight hours.
    (i) Model CL-600-2B16 airplanes, serial numbers 5301 through 
5665.
    (ii) Model CL-600-2B16 airplanes, serial numbers 5701 through 
5988.
    (iii) Model CL-600-2B16 airplanes, serial numbers 6050 through 
6999.

(i) Credit for Previous Actions

    For the airplanes identified in paragraph (h)(2) of this AD: 
This paragraph provides credit for actions required by paragraphs 
(g) and (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 601-
1112, dated December 29, 2022.

(j) Additional 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 New York ACO 
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, New York ACO 
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-2023-07, dated February 10, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1052.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 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

[[Page 34797]]

(IBR) 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 600-0780, dated December 29, 
2022.
    (ii) Bombardier Service Bulletin 601-1112, Revision 01, dated 
February 23, 2023.
    (iii) Bombardier Service Bulletin 604-27-040, dated December 29, 
2022.
    (iv) Bombardier Service Bulletin 605-27-011, dated December 29, 
2022.
    (v) Bombardier Service Bulletin 650-27-004, dated December 29, 
2022.
    (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">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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-11439 Filed 5-30-23; 8:45 am]
BILLING CODE 4910-13-P