[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34961-34982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09341]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2139; Project Identifier MCAI-2023-00435-T; 
Amendment 39-22713; AD 2024-06-08]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was 
prompted by reports from the supplier that some overheat detection 
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 AD requires maintenance 
records verification, and if an affected part is installed, prohibits 
the use of certain Master Minimum Equipment List (MMEL) items under 
certain conditions by requiring revising the operator's existing 
Minimum Equipment List (MEL). This AD also requires testing the 
overheat detection sensing elements, marking each serviceable sensing 
element with a witness mark, and replacing each nonserviceable part 
with a serviceable part. This AD also prohibits the installation of 
affected parts under certain conditions. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective June 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 5, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2139; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket

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contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For Bombardier service information identified in this 
final rule, 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 Liebherr-Aerospace Toulouse SAS service information 
identified in this final rule, contact Liebherr-Aerospace Toulouse SAS, 
408, Avenue des Etats-Unis--B.P.52010, 31016 Toulouse Cedex, France; 
telephone +33 (0)5.61.35.28.28; fax +33 (0)5.61.35.29.29; email: 
[email protected]; website: www.liebherr.aero.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available in 
the AD docket at regulations.gov under Docket No. FAA-2023-2139.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone: 516-228-7300; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model BD-700-2A12 airplanes. The NPRM published in the Federal 
Register on November 8, 2023 (88 FR 77044). The NPRM was prompted by AD 
CF-2023-18, dated March 9, 2023, issued by Transport Canada, which is 
the aviation authority for Canada (Transport Canada AD CF-2023-18) 
(also referred to as the MCAI). 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. This condition can result in an inability to 
detect hot bleed air leaks, which can cause damage to surrounding 
structures and systems and prevent continued safe flight and landing.
    In the NPRM, the FAA proposed to require maintenance records 
verification, and if an affected part is installed, prohibit the use of 
certain MMEL items under certain conditions by requiring revising the 
operator's existing MEL. The NPRM also proposed to require testing the 
overheat detection sensing elements, marking each serviceable sensing 
element with a witness mark, and replacing each nonserviceable part 
with a serviceable part. The NPRM also proposed to prohibit the 
installation of affected parts under certain conditions. The FAA is 
issuing 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-2023-2139.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from NetJets. The following presents the 
comment received on the NPRM and the FAA's response to the comment.

Request for Clarification on Location of Date of Manufacture

    NetJets requested a statement be added to paragraph (h) of the 
proposed AD indicating that the date of manufacture can be found in the 
aircraft maintenance logbook, in addition to the identification plate 
of the airplane on certain airplanes. This information is stated in 
Transport Canada AD CF-2023-18, Part II, paragraph A. NetJets further 
stated that Bombardier no longer stamps a date on the airframe data 
plate.
    The FAA agrees the date of manufacture can be found either on the 
identification plate of certain airplanes or in the aircraft 
maintenance logbook. The FAA has amended paragraph (h) of this AD to 
specify the two locations where the date of manufacture can be found.

Conclusion

    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 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
and any other changes described previously, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Liebherr Service Bulletin CFD-F1958-26-01, dated 
May 6, 2022, which specifies part numbers for affected sensing 
elements.
    The FAA reviewed Bombardier Service Bulletin 700-36-7503, dated 
December 23, 2022, which specifies procedures for testing each leak 
detection loop (LDL) sensing element installed on the airplane, marking 
each serviceable sensing element with a witness mark, and replacing 
each nonserviceable part with a serviceable part.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 19 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             Labor cost                 Parts cost          Cost per product           Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 214 work-hours x $85 per hour              $0   Up to $18,190...............  Up to $345,610.
 = Up to $18,190.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD. The FAA 
estimates it takes up to 1.5 hours to replace a sensing element.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2024-06-08 Bombardier, Inc.: Amendment 39-22713; Docket No. FAA-
2023-2139; Project Identifier MCAI-2023-00435-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12 
airplanes, certificated in any category, having serial numbers 70005 
and subsequent.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that some overheat detection 
sensing elements of the bleed air leak detection system were 
manufactured with insufficient salt fill. The FAA is issuing this AD 
to address non-conforming sensing elements of the bleed air leak 
detection system. The unsafe condition, if not addressed, could 
result in an inability to detect hot bleed air leaks and consequent 
damage to surrounding structures and systems, which could prevent 
continued safe flight and landing.

(f) Compliance

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

(g) Definitions

    For the purpose of this AD, the definitions specified in 
paragraphs (g)(1) and (2) of this AD apply.
    (1) An affected part is a sensing element marked with a date 
code before A2105 and having an LTS/Kidde part number specified in 
Liebherr Service Bulletin CFD-F1958-26-01, dated May 6, 2022, unless 
that sensing element meets the criteria specified in paragraph 
(g)(1)(i) or (ii) of this AD.
    (i) The sensing element has been tested as specified in Section 
3 of the Accomplishment Instructions of Kidde Aerospace and Defense 
Service Bulletin CFD-26-1, Revision 6, dated February 28, 2022, or 
earlier revisions, and has been found to be serviceable; and the 
sensing element has been marked on one face of its connector hex nut 
and packaged as specified in Section 3.C. of the Accomplishment 
Instructions of Kidde Aerospace and Defense Service Bulletin CFD-26-
1, Revision 6, dated February 28, 2022, or earlier revisions.
    (ii) The sensing element has been tested and found to be 
serviceable as specified in paragraph (j) of this AD; and the 
sensing element has been marked on one face of one connector hex nut 
with one green mark, as specified in Figure 33 of Bombardier Service 
Bulletin 700-36-7503, dated December 23, 2022, as applicable (the 
figure is representative for all sensing elements).
    (2) A serviceable part is a sensing element that is not an 
affected part.

(h) Maintenance Records Verification

    For airplane serial numbers 70097 and subsequent whose airplane 
date of manufacture, as identified on the identification plate of 
the airplane or in the aircraft maintenance logbook, is on or before 
the effective date of this AD: Within 60 days after the effective 
date of this AD, examine the airplane maintenance records to verify 
whether any affected part has been installed since the airplane date 
of manufacture, as identified on the identification plate of the 
airplane or in the aircraft maintenance logbook.
    (1) If the maintenance records confirms that an affected part 
has been installed, or if it cannot be confirmed that an affected 
part has not been installed, paragraphs (i) and (j) of this AD must 
be complied with within the compliance time specified in paragraphs 
(i) and (j) of this AD.
    (2) If the maintenance records confirm that no affected parts 
have been installed since airplane date of manufacture, then 
paragraphs (i) and (j) of this AD are not applicable.

(i) Minimum Equipment List (MEL) Revision

    For all airplanes: Within 90 days after the effective date of 
this AD, revise the operator's existing MEL by incorporating the 
information specified in figures 1 through 7 to paragraph (i) of 
this AD, as applicable. This may be done by inserting a copy of this 
information into the operator's existing MEL.

Figure 1 to Paragraph (i)--MMEL Item 21-0425

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Figure 2 to Paragraph (ii)--MMEL Item 30-0055
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Figure 3 to Paragraph (i)--MMEL Item 30-0060

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Figure 4 to Paragraph (i)--MMEL Item 30-0090
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Figure 5 to Paragraph (i)--MMEL Item 30-0095

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Figure 6 to Paragraph (i)--MMEL Item 36-0050

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Figure 7 to Paragraph (i)--MMEL Item 36-0105

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(j) Testing and Replacement of Affected Overheat Detection Sensing 
Elements

    For airplane serial numbers 70005 and subsequent: Within 3,500 
flight hours or 120 months, whichever occurs first, from the 
effective date of this AD, test the overheat detection sensing 
elements to determine if they are serviceable, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 700-
36-7503, dated December 23, 2022.
    (1) For each sensing element that is serviceable, before further 
flight, mark the sensing element with a witness mark in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
700-36-7503, dated December 23, 2022.
    (2) For each sensing element that is not serviceable, before 
further flight, replace the sensing element with a serviceable part 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 700-36-7503, dated December 23, 2022.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, any affected part unless it is a serviceable part.

(l) No Reporting Requirement

    Although Bombardier Service Bulletin 700-36-7503, dated December 
23, 2022, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(m) 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 (n)(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.

(n) Additional Information

    (1) Refer to Transport Canada AD CF-2023-18, dated March 9, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-2139.
    (2) For more information about this AD, contact Steven 
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email: [email protected].

(o) 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 700-36-7503, dated December 23, 
2022.
    (ii) Liebherr Service Bulletin CFD-F1958-26-01, dated May 6, 
2022.
    (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 Liebherr-Aerospace Toulouse SAS service information 
identified in this AD, contact Liebherr-Aerospace Toulouse SAS, 408, 
Avenue des Etats-Unis--B.P.52010, 31016 Toulouse Cedex, France; 
telephone +33 (0)5.61.35.28.28; fax +33 (0)5.61.35.29.29; email: 
[email protected]; website: www.liebherr.aero.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.
    (6) 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 March 18, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09341 Filed 4-30-24; 8:45 am]
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