[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77538-77542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2145; Project Identifier MCAI-2023-00358-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 a report of a steering control unit (SCU) filter plate 
connector that does not meet the certification requirements for 
exposure of electronic components to high intensity radiated field 
environments, which could result in malfunction of the nose wheel 
steering (NWS) system. This proposed AD would require determining if 
the SCU is an affected SCU, replacing all affected SCUs, and rigging 
and testing the NWS control. This proposed AD would also prohibit 
installing an affected SCU on any airplane. 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 December 
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-2023-2145; 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.

[[Page 77539]]

    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: William Reisenauer, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7301; 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-2023-2145; Project Identifier 
MCAI-2023-00358-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 
William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7301; 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-2023-13, dated February 24, 2023 
(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 the manufacturer of SCU part number (P/N) 46000-01 
introduced a new filter plate connector that does not meet the 
certification requirements related to the susceptibility of electronic 
components to high intensity radiated field. According to the MCAI, 
this non-compliant filter plate connector, if not replaced, could 
result in a malfunction of the NWS system and cause un-commanded 
steering or lateral excursion from the runway. The MCAI requires 
removing and replacing all affected non-compliant SCUs. 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-2023-2145.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 100-32-34, dated 
October 18, 2021, and Bombardier Service Bulletin 350-32-010, dated 
October 18, 2021. This service information specifies procedures for 
determining the serial number of SCU P/N 46000-01, replacing any 
affected SCU, and rigging and testing the NWS control. These documents 
are distinct since they apply to different airplane serial numbers. 
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 an inspection or records review to 
determine if the SCU is an affected SCU, replacement of all affected 
SCUs, and rigging and testing of the NWS control. This proposed AD 
would also prohibit installing an affected SCU on any airplane.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 725 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       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765...........................         $44,950          $45,715      $33,143,375
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some 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,

[[Page 77540]]

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-2023-2145; Project Identifier MCAI-
2023-00358-T.

(a) Comments Due Date

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

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a steering control unit 
(SCU) filter plate connector that does not meet the certification 
requirements for exposure of electronic components to high intensity 
radiated field environments. The FAA is issuing this AD to prevent 
malfunction of the nose wheel steering (NWS) system. The unsafe 
condition, if not addressed, could result in un-commanded steering 
or lateral runway excursion.

(f) Compliance

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

(g) Inspection or Records Review

    Within 24 months after the effective date of this AD: Inspect 
the SCU to determine if SCU part number (P/N) 46000-01 with a serial 
number listed in Figure 1 to paragraph (g) of this AD is installed 
on the airplane. A review of the airplane maintenance records is 
acceptable in lieu of the inspection if the SCU P/N and serial 
number can be conclusively determined from that review. If an SCU P/
N 46000-01 with a serial number listed in Figure 1 to paragraph (g) 
of this AD is not installed on the airplane, or if the SCU 
identification plate is marked with SB100-32-030, then no further 
action is required by this AD; however, the installation prohibition 
in paragraph (i) of this AD still applies.
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Figure 1 to Paragraph (g)--Affected SCU Serial Numbers

[[Page 77541]]

[GRAPHIC] [TIFF OMITTED] TP13NO23.097

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(h) Replacement

    For airplanes with SCU P/N46000-01 with a serial number listed 
in Figure 1 to paragraph (g) of this AD installed and not marked on 
the SCU identification plate with SB100-32-030: Within 24 months 
after the effective date of this AD, replace the SCU and rig and 
test the NWS control, in accordance with the instructions in 
paragraph (h)(1), (2), or (3) of this AD, as applicable.
    (1) For airplane serial numbers 20001 through 20500 inclusive: 
Steps 2.C.(1) and 2.C.(3) of Section 2.C., ``Part B--Modification,'' 
and Section 2.D., ``Testing,'' of the Accomplishment Instructions in 
Bombardier Service Bulletin 100-32-34, dated October 18, 2021.
    (2) For airplane serial numbers 20501 through 20893 inclusive: 
Steps 2.C.(1) and 2.C.(3) of Section 2.C., ``Part B--Modification,'' 
and Section 2.D., ``Testing,'' of the Accomplishment Instructions in 
Bombardier Service Bulletin 350-32-010, dated October 18, 2021.
    (3) For airplane serial numbers 20894 and larger: 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.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install SCU P/N 
46000-01 on any airplane if the serial number of the SCU is listed 
in figure 1 to paragraph (g) of this AD, unless the SCU 
identification plate has been marked with SB100-32-030.

[[Page 77542]]

(j) 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 the address identified 
in paragraph (k)(2) of this AD. Information may be emailed 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.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2023-13, dated February 24, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-2145.
    (2) For more information about this AD, contact William 
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7301; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 100-32-34, dated October 18, 
2021.
    (ii) Bombardier Service Bulletin 350-32-010, dated October 18, 
2021.
    (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 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on October 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-24566 Filed 11-9-23; 8:45 am]
BILLING CODE 4910-13-P