[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63004-63006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19901]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1052; Project Identifier MCAI-2023-00260-T; 
Amendment 39-22532; AD 2023-17-06]
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 CL-600-1A11 (600), CL-600-2A12 (601), 
and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. This AD 
was prompted by an uncommanded flap extension accompanied by a flaps 
fail caution message during climb. This AD requires initial and 
repetitive operational tests of the flap control system. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 19, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 19, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1052; 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 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:
    <bullet> For 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 <a href="/cdn-cgi/l/email-protection#2c4d4f025559406c4d495e4302104d0c445e494a11" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website 
bombardier.com.
    <bullet> 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. It is also available at 
regulations.gov under Docket No. FAA-2023-1052.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#82bbafe3f4f1afecfbe3e1edafe1edf1c2e4e3e3ace5edf4"><span class="__cf_email__" data-cfemail="350c18544346185b4c54565a18565a46755354541b525a43">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would

[[Page 63005]]

apply to certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
The NPRM published in the Federal Register on May 31, 2023 (88 FR 
34794). The NPRM was prompted by AD CF-2023-07, dated February 10, 
2023, issued by Transport Canada, which is the aviation authority for 
Canada (referred to after this as the MCAI).
    The MCAI states a Model CL-600-2B16 airplane experienced an 
uncommanded flap extension from 0 to 45 degrees accompanied by a flaps 
fail caution message during climb. The airplane returned to the 
departure airport without further incident. The investigations of this 
event by Transport Canada and the airplane manufacturer found that the 
flap control system failed to arrest the uncommanded movement of the 
flap, due to a failed retract relay. The failed retract relay also 
caused the flap control system to operate at half speed, which had 
occurred, but was undetected, during previous flights. The root cause 
of the uncommanded flap extension remains under investigation. 
Transport Canada considers the MCAI to be an interim action, and 
further AD action may follow.
    In the NPRM, the FAA proposed to require initial and repetitive 
operational tests of the of the inboard and outboard flaps of the flap 
control system to verify the functionality of the retract relays. The 
FAA is issuing this AD to address the failure of the flap control 
system to arrest the uncommanded flap extension. The unsafe condition, 
if not addressed, could lead to the loss of control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1052.

Discussion of Final Airworthiness Directive

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 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, 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 the following service information, which specifies 
procedures for performing initial and repetitive operational tests of 
the inboard and outboard flaps to verify the functionality of the 
retract relays. The service information also specifies contacting the 
manufacturer for corrective action (repair) for any anomaly found 
during an operational test. These documents are distinct since they 
apply to different airplane models.
    <bullet> Bombardier Service Bulletin 600-0780, dated December 29, 
2022.
    <bullet> Bombardier Service Bulletin 601-1112, Revision 01, dated 
February 23, 2023.
    <bullet> Bombardier Service Bulletin 604-27-040, dated December 29, 
2022.
    <bullet> Bombardier Service Bulletin 605-27-011, dated December 29, 
2022.
    <bullet> Bombardier Service Bulletin 650-27-004, dated December 29, 
2022.
    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.

Interim Action

    The FAA considers this AD an interim action. If final action is 
later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this AD affects 1,124 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                         Cost per
               Labor cost                  Parts cost    product               Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85........           $0          $85  $95,540 per test cycle.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 63006]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-17-06 Bombardier, Inc.: Amendment 39-22532; Docket No. FAA-
2023-1052; Project Identifier MCAI-2023-00260-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 19, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in 
any category, identified in paragraphs (c)(1) through (3) of this 
AD.
    (1) Model CL-600-1A11 (600) airplanes, serial numbers 1004 
through 1085 inclusive.
    (2) Model CL-600-2A12 (601) airplanes, serial numbers 3001 
through 3066 inclusive.
    (3) Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) 
airplanes, serial numbers 5001 through 5194 inclusive, 5301 through 
5665 inclusive, 5701 through 5988 inclusive, and 6050 through 6999 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by a Model CL-600-2B16 airplane that 
experienced an uncommanded flap extension from 0 to 45 degrees 
accompanied by a flaps fail caution message during climb. The FAA is 
issuing this AD to address the failure of the flap control system to 
arrest the uncommanded flap extension. The unsafe condition, if not 
addressed, could lead to the loss of control of the airplane.

(f) Compliance

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

(g) Initial Operational Test

    Within 100 flight hours or 15 months, whichever occurs first 
after the effective date of this AD, perform an initial operational 
test of the inboard and outboard flaps, and all applicable 
corrective actions, in accordance with Section 2.B. of the 
Accomplishment Instructions of the applicable service information 
identified in paragraphs (g)(1) through (5) of this AD. Corrective 
actions must be done before further flight after the test.
    (1) For Model CL-600-1A11 (Challenger 600) airplanes, serial 
numbers 1004 through 1085 inclusive: Use Bombardier Service Bulletin 
600-0780, dated December 29, 2022.
    (2) For Model CL-600-2A12 (Challenger 601) airplanes, serial 
numbers 3001 through 3066 inclusive, and Model CL-600-2B16 
(Challenger 601) airplanes, serial numbers 5001 through 5194 
inclusive: Use Bombardier Service Bulletin 601-1112, Revision 01, 
dated February 23, 2023.
    (3) For Model CL-600-2B16 (Challenger 604) airplanes, serial 
numbers 5301 through 5665 inclusive: Use Bombardier Service Bulletin 
604-27-040, dated December 29, 2022.
    (4) For Model CL-600-2B16 (Challenger 605) airplanes, serial 
numbers 5701 through 5988 inclusive: Use Bombardier Service Bulletin 
605-27-011, dated December 29, 2022.
    (5) For Model CL-600-2B16 (Challenger 650) airplanes, serial 
numbers 6050 through 6999 inclusive: Use Bombardier Service Bulletin 
650-27-004, dated December 29, 2022.

(h) Repetitive Operational Tests

    Repeat the operational test required by paragraph (g) of this AD 
at the applicable time specified in paragraph (h)(1) through (3) of 
this AD.
    (1) For Model CL-600-1A11 airplanes: Repeat at intervals not to 
exceed 100 flight hours.
    (2) For the airplanes identified in paragraphs (h)(2)(i) and 
(ii) of this AD: Repeat within the repetitive intervals specified in 
Section 1.D. of Bombardier Service Bulletin 601-1112, Revision 01, 
dated February 23, 2023.
    (i) Model CL-600-2A12 airplanes.
    (ii) Model CL-600-2B16 airplanes, serial numbers 5001 through 
5194 inclusive.
    (3) For the airplanes identified in paragraphs (h)(3)(i) through 
(iii) of this AD: Repeat the test at intervals not to exceed 400 
flight hours.
    (i) Model CL-600-2B16 airplanes, serial numbers 5301 through 
5665 inclusive.
    (ii) Model CL-600-2B16 airplanes, serial numbers 5701 through 
5988 inclusive.
    (iii) Model CL-600-2B16 airplanes, serial numbers 6050 through 
6999 inclusive.

(i) Credit for Previous Actions

    For the airplanes identified in paragraph (h)(2) of this AD: 
This paragraph provides credit for actions required by paragraphs 
(g) and (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 601-
1112, dated December 29, 2022.

(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 or email to: <a href="/cdn-cgi/l/email-protection#556c78342326783b2c34363a78363a26153334347b323a23"><span class="__cf_email__" data-cfemail="d2ebffb3a4a1ffbcabb3b1bdffb1bda192b4b3b3fcb5bda4">[email protected]</span></a>. 
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-2023-07, dated February 10, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1052.
    (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 <a href="/cdn-cgi/l/email-protection#b48d99d5c2c799dacdd5d7db99d7dbc7f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="8fb6a2eef9fca2e1f6eeece0a2ece0fccfe9eeeea1e8e0f9">[email protected]</span></a>.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(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 600-0780, dated December 29, 
2022.
    (ii) Bombardier Service Bulletin 601-1112, Revision 01, dated 
February 23, 2023.
    (iii) Bombardier Service Bulletin 604-27-040, dated December 29, 
2022.
    (iv) Bombardier Service Bulletin 605-27-011, dated December 29, 
2022.
    (v) Bombardier Service Bulletin 650-27-004, dated December 29, 
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 <a href="/cdn-cgi/l/email-protection#e58486cb9c9089a58480978acbd984c58d978083d8" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; 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, email <a href="/cdn-cgi/l/email-protection#4a2c38642324393a2f293e2325240a242b382b642d253c"><span class="__cf_email__" data-cfemail="660014480f0815160305120f0908260807140748010910">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-19901 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P


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