[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Proposed Rules]
[Pages 53823-53827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16874]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1706; Project Identifier MCAI-2023-00039-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 BD-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by reports that the nose wheel 
steering selector valve (SSV) can be slow to

[[Page 53824]]

deactivate under low temperature conditions. This proposed AD would 
require replacing the affected SSV with a re-designed SSV that has an 
improved response time. 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 September 
25, 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-2023-1706; 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 Bombardier, Inc., 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, Aviation Safety 
Engineer, FAA, 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-2023-1706; Project Identifier 
MCAI-2023-00039-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 
Chirayu Gupta, Aviation Safety Engineer, FAA, 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 Transport Canada AD CF-2023-02, dated January 11, 2023 (TC AD 
CF-2023-02) (also referred to after this as the MCAI), to correct an 
unsafe condition on certain Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes. The MCAI states that following a runway excursion 
on a different model, an investigation revealed that the nose wheel SSV 
can be slow to deactivate under low temperature conditions. A similar 
SSV is installed on the airplanes to which this AD is applicable. In 
the event of an un-commanded steering input, a slow SSV deactivation 
could lead to a delayed transition to free caster mode and result in an 
aircraft runway excursion.
    The FAA is proposing 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-2023-1706.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information.
     Service Bulletin 700-32-044, Revision 01, dated December 
7, 2022.
     Service Bulletin 700-32-6021, Revision 01, dated December 
7, 2022.
     Service Bulletin 700-32-6507, Revision 01, dated December 
7, 2022.
     Service Bulletin 700-1A11-32-031, Revision 01, dated 
December 7, 2022.
     Service Bulletin 700-32-5021, Revision 01, dated December 
7, 2022.
     Service Bulletin 700-32-5507, Revision 01, dated December 
7, 2022.
    This service information specifies procedures for replacing the 
affected SSV with a re-designed SSV. 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.

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 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.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 442 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 53825]]



                                      Estimated Costs for Required Actions
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                                                           Cost per
              Labor cost                  Parts cost        product              Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....          $5,542          $5,882  Up to $2,599,844.
----------------------------------------------------------------------------------------------------------------

    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-2023-1706; Project Identifier MCAI-
2023-00039-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 25, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes, certificated 
in any category, identified in paragraphs (c)(1) through (6) of this 
AD.
    (1) Model BD-700-1A10 airplanes, as identified in Bombardier 
Service Bulletin 700-32-044, Revision 01, dated December 7, 2022.
    (2) Model BD-700-1A10 airplanes, as identified in Bombardier 
Service Bulletin 700-32-6021, Revision 01, dated December 7, 2022.
    (3) Model BD-700-1A10 airplanes, as identified in Bombardier 
Service Bulletin 700-32-6507, Revision 01, dated December 7, 2022.
    (4) Model BD-700-1A11 airplanes, as identified in Bombardier 
Service Bulletin 700-1A11-32-031, Revision 01, dated December 7, 
2022.
    (5) Model BD-700-1A11 airplanes, as identified in Bombardier 
Service Bulletin 700-32-5021, Revision 01, dated December 7, 2022.
    (6) Model BD-700-1A11 airplanes, as identified in Bombardier 
Service Bulletin 700-32-5507, Revision 01, dated December 7, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by reports that the nose wheel steering 
selector valve (SSV) can be slow to deactivate under low temperature 
conditions. The FAA is issuing this AD to address a possible delayed 
transition to free caster mode in the event of an un-commanded 
steering input. The unsafe condition, if not addressed, could result 
in an aircraft runway excursion.

(f) Compliance

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

(g) Required Action

    Within 66 months or 3,200 flight hours, whichever occurs first 
after the effective date of this AD: Replace SSV part number (P/N) 
23600-101 with SSV P/N 23600-103 in accordance with the 
Accomplishment Instructions of the applicable Bombardier service 
bulletin listed in figure 1 to paragraph (g) of this AD.

[[Page 53826]]

[GRAPHIC] [TIFF OMITTED] TP09AU23.028

(h) 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 Bombardier service bulletin 
listed in figure 2 to paragraph (h) of this AD.
[GRAPHIC] [TIFF OMITTED] TP09AU23.029

(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, mail it to ATTN: Program Manager, 
Continuing Operational Safety, at the address identified in 
paragraph (j)(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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2023-02, dated January 11, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1706.
    (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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (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 700-32-044, Revision 01, dated 
December 7, 2022.
    (ii) Bombardier Service Bulletin 700-32-6021, Revision 01, dated 
December 7, 2022.
    (iii) Bombardier Service Bulletin 700-32-6507, Revision 01, 
dated December 7, 2022.
    (iv) Bombardier Service Bulletin 700-1A11-32-031, Revision 01, 
dated December 7, 2022.
    (v) Bombardier Service Bulletin 700-32-5021, Revision 01, dated 
December 7, 2022.
    (vi) Bombardier Service Bulletin 700-32-5507, Revision 01, dated 
December 7, 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,

[[Page 53827]]

email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16874 Filed 8-8-23; 8:45 am]
BILLING CODE 4910-13-P