[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54946-54949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17000]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1710; Project Identifier MCAI-2023-00243-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-600-2B16 (601-3A, 601-3R, and 
604 Variants) airplanes. This proposed AD was prompted by reports from 
the supplier that sensing elements of the bleed air leak detection 
system were manufactured with insufficient salt fill, which can result 
in an inability to detect hot bleed air leaks. This proposed AD would 
require testing of all affected overheat detection sensing elements of 
the bleed air leak detection system, and replacement if necessary. 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.

[[Page 54947]]


DATES: The FAA must receive comments on this proposed AD by September 
28, 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-2023-1710; 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 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.
     For Kidde Aerospace & Defense service information 
identified in this NPRM, contact Kidde Aerospace & Defense, 4200 
Airport Drive NW, Building B, Wilson, NC 27896; telephone: 319-295-
5000; website: kiddetechnologies.com/aviation.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-2023-1710; Project Identifier 
MCAI-2023-00243-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-2023-05, dated February 8, 2023 
(Transport Canada AD CF-2023-05) (also referred to after this as the 
MCAI), to correct an unsafe condition on certain Bombardier, Inc., 
Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The 
MCAI states that Bombardier received reports from the supplier of the 
overheat detection sensing elements of a manufacturing quality escape. 
Some of the sensing elements of the bleed air leak detection system 
were manufactured with insufficient salt fill, which can result in an 
inability to detect hot bleed air leaks and cause damage to surrounding 
structures and systems that can prevent continued safe flight and 
landing.
    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-2023-1710.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 604-36-005, Bombardier 
Service Bulletin 605-36-002, and Bombardier Service Bulletin 650-36-
001, all dated December 23, 2022. This service information specifies 
procedures for testing affected bleed air leak detection system sensing 
elements (i.e., those marked with a date code before ``A2105'' (which 
corresponds to January 31, 2021) with a part number defined in this 
service information) to determine if they are serviceable, and 
replacing failed sensing elements with serviceable ones. These 
documents are distinct since they apply to different airplane serial 
numbers.
    The FAA reviewed Kidde Aerospace & Defense Service Bulletin CFD-26-
1, Revision 6, dated February 28, 2022. This service information 
specifies affected continuous fire detector part numbers and testing 
procedures.
    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. This proposed AD would 
also prohibit the installation of affected parts.

[[Page 54948]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 694 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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               Labor cost                   Parts cost         Cost per  product        Cost on U.S. operators
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Up to 37 work-hours x $85 per hour = Up              $0   Up to $3,145..............  Up to $2,182,630.
 to $3,145.
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    The 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 aircraft that 
might need these on-condition actions.

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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37 work-hours x $85 per hour = $3,145.        * $4,000           $7,145
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* The FAA has received no definitive data on which to base the cost
  estimates for the parts specified in this proposed AD. This is the
  estimated cost for replacement of 2 percent of the failed sensing
  elements. If all sensing elements failed, the estimated parts cost
  would be $40,000 for each airplane.

    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-2023-1710; Project Identifier MCAI-
2023-00243-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (601-3A, 
601-3R, and 604 Variants) airplanes, certificated in any category, 
serial numbers 5580 through 5665 inclusive, 5701 through 5988 
inclusive, and 6050 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code: 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by reports that sensing elements of the 
bleed air leak detection system were manufactured with insufficient 
salt fill. The FAA is issuing this AD to address insufficient salt 
fill, which can result in an inability to detect hot bleed air 
leaks, which can cause damage to surrounding structures and systems 
that can prevent continued safe flight and landing.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions specified in 
paragraphs (g)(1) and (2) of this AD apply.
    (1) Affected part: A sensing element marked with a date code 
before A2105 and having a part number listed in Kidde Aerospace and 
Defense Service Bulletin CFD-26-1, Revision 6, dated February 28, 
2022; unless the sensing element meets the conditions specified in 
paragraphs (g)(1)(i) and (ii) of this AD, or has passed the test 
specified in paragraph (h) of this AD.
    (i) Has been tested in accordance with the Accomplishment 
Instructions of the Kidde Aerospace and Defense Service Bulletin

[[Page 54949]]

CFD-26-1, Revision 6, dated February 28, 2022, and passed the test; 
and
    (ii) Has been marked on one face of its connector hex nut in 
accordance with paragraph 3.C., Identification Procedure, of the 
Kidde Aerospace and Defense Service Bulletin CFD-26-1, Revision 6, 
dated February 28, 2022.
    (2) Serviceable part: A sensing element that is not an affected 
part.

(h) Testing

    For airplane serial numbers 5580 through 5665 inclusive, 5701 
through 5988 inclusive, and 6050 through 6174 inclusive: Within 
7,800 flight cycles or 96 months, whichever occurs first, from the 
effective date of this AD, test the bleed air leak detection system 
sensing elements to determine if they are serviceable, in accordance 
with the Accomplishment Instructions of the applicable service 
information identified in paragraphs (h)(1) through (3) of this AD. 
If the sensing element is found serviceable, before further flight, 
mark the sensing element with a green mark in accordance with the 
Accomplishment Instructions of the applicable service information 
identified in paragraphs (h)(1) through (3) of this AD. If the 
sensing element is found not serviceable, before further flight, 
replace the sensing element with a serviceable part in accordance 
with the Accomplishment Instructions of the applicable service 
information identified in paragraphs (h)(1) through (3) of this AD.
    (1) For Model CL-600-2B16 airplanes, serial numbers 5580 through 
5665 inclusive (Challenger 604): Use Bombardier Service Bulletin 
604-36-005, dated December 23, 2022.
    (2) For Model CL-600-2B16 airplanes, serial numbers 5701 through 
5988 inclusive (Challenger 605): Use Bombardier Service Bulletin 
605-36-002, dated December 23, 2022.
    (3) For Model CL-600-2B16 airplanes, serial numbers 6050 through 
6174 inclusive (Challenger 650): Use Bombardier Service Bulletin 
650-36-001, dated December 23, 2022.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part on any airplane.

(j) No Reporting Requirement

    Although the service information referenced in paragraph (g)(1) 
of this AD and paragraphs (h)(1) through (3) of this AD specify to 
submit certain information to the manufacturer, this AD does not 
include that requirement.

(k) 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, 
International Validation Branch, mail it to the address identified 
in paragraph (l)(2) of this AD or email to: [email protected]. 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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(l) Additional Information

    (1) Refer to Transport Canada AD CF-2023-05, dated February 8, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1710.
    (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].

(m) 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 604-36-005, dated December 23, 
2022.
    (ii) Bombardier Service Bulletin 605-36-002, dated December 23, 
2022.
    (iii) Bombardier Service Bulletin 650-36-001, dated December 23, 
2022.
    (iv) Kidde Aerospace and Defense Service Bulletin CFD-26-1, 
Revision 6, dated February 28, 2022.

    Note 1 to paragraph (m)(2)(iv): The revision level of this 
service bulletin is only identified on the transmittal sheet.

    (3) For Bombardier 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) For Kidde Aerospace & Defense service information identified 
in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive 
NW, Building B, Wilson, NC 27896; telephone: 319-295-5000; website: 
kiddetechnologies.com/aviation.com.
    (5) 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.
    (6) 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 August 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17000 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P