[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89633-89636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28590]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2402; Project Identifier MCAI-2023-00370-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 a report 
indicating that a new filter plate connector for the nose wheel 
steering (NWS) system electronic control module (ECM) does not meet 
certain certification requirements. This proposed AD would require 
replacing all affected non-compliant ECMs. This proposed AD would also 
prohibit the installation of affected parts under certain conditions. 
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 February 
12, 2024.

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-2023-2402; 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: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (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-2023-2402; Project Identifier 
MCAI-2023-00370-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

[[Page 89634]]

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 
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: (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-2023-14R1, dated May 15, 2023 (Transport 
Canada AD CF-2023-14R1) (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 
the manufacturer of the NWS system ECM, part number (P/N) 601-86100-27, 
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. This non-compliant filter 
plate connector, if not replaced, could result in a malfunction of the 
NWS system causing potential un-commanded steering or lateral excursion 
from the runway.
    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-2023-2402.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information.
     Service Bulletin 604-32-032, dated October 18, 2021.
     Service Bulletin 605-32-009, dated October 18, 2021.
     Service Bulletin 650-32-006, dated October 18, 2021.
    This service information specifies procedures for removing and 
replacing all affected non-compliant ECMs, P/N 601-86100-27. 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. This proposed AD would 
also prohibit the installation of affected parts under certain 
conditions.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 164 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510..............................         $75,972         $76,482     $12,543,048
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 89635]]

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-2023-2402; Project Identifier MCAI-
2023-00370-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 12, 2024.

(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, 
with serial numbers 5301 through 5665 inclusive, 5701 through 5990 
inclusive, and 6050 and subsequent.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report indicating that a new filter 
plate connector for the nose wheel steering (NWS) system electronic 
control module (ECM) does not meet certain certification 
requirements. The FAA is issuing this AD to address this non-
compliant filter plate connector, which, if not replaced, could 
result in a malfunction of the NWS system causing potential 
uncommanded steering or lateral excursion from the runway.

(f) Compliance

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

(g) Verification of Airplane Technical Records

    Within 24 months after the effective date of this AD: Inspect 
the serial number of the ECM, P/N 601-86100-27, in accordance with 
Section 2.B. Part A of the Accomplishment Instructions of the 
applicable service information listed in figure (1) to the 
introductory text of paragraph (g) of this AD to determine if the 
serial number of the ECM, part number (P/N) 601-86100-27, is listed 
in Table 1 of Section 1.A. of the applicable service information 
listed in figure (1) to the introductory text of paragraph (g) of 
this AD. A review of maintenance records is also acceptable if the 
serial number of the ECM can be conclusively determined from that 
review.
[GRAPHIC] [TIFF OMITTED] TP28DE23.023

    (1) If the serial number of the ECM is listed in Table 1 of 
Section 1.A. of the applicable service information or is not 
reidentified on the nameplate as SB-1, then the actions of paragraph 
(h) of this AD are required.
    (2) If the serial number of the ECM is not listed in Table 1 of 
Section 1.A. of the applicable service information or is 
reidentified on the nameplate as SB-1, then the actions of paragraph 
(h) of this AD are not required.

(h) Replacement

    For airplanes identified in paragraph (g)(1) of this AD: Do the 
actions specified in paragraphs (h)(1) and (2) of this AD.
    (1) Within 24 months after the effective date of this AD: 
Replace the ECM, P/N 601-86100-27, identified in paragraph (g)(1) of 
this AD, in accordance with Section 2.C. Part B of the 
Accomplishment Instructions of the applicable service information 
listed in figure 1 to the introductory text of paragraph (g) of this 
AD.
    (2) Prior to return to service, complete the operational test of 
the NWS system in accordance with Section 2.D. of the Accomplishment 
Instructions of the applicable service information listed in figure 
1 to the introductory text of paragraph (g) of this AD.

(i) Parts Installation Limitation

    As of the effective date of this AD, it is prohibited to install 
ECM, P/N 601-86100-27, as a replacement part, if the serial number 
is listed in Table 1 of Section 1.A. of the applicable service 
information listed in figure 1 to the introductory text of paragraph 
(g) of this AD, unless the ECM has been reidentified with SB-1 on 
the name plate.

(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, 
International Validation Branch, mail it to 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, 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-2023-14R1, dated May 15, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-2402.
    (2) For more information about this AD, contact Steven 
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email: [email protected].

(l) 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 604-32-032, dated October 18, 
2021.
    (ii) Bombardier Service Bulletin 605-32-009, dated October 18, 
2021.
    (iii) Bombardier Service Bulletin 650-32-006, 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

[[Page 89636]]

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 [email protected].

    Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2023-28590 Filed 12-27-23; 8:45 am]
BILLING CODE 4910-13-P