[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Proposed Rules]
[Pages 77044-77060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24008]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / 
Proposed Rules

[[Page 77044]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2139; Project Identifier MCAI-2023-00435-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This 
proposed 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 proposed AD would 
require maintenance records verification, and if an affected part is 
installed, would prohibit the use of certain Master Minimum Equipment 
List (MMEL) items under certain conditions by requiring revising the 
operator's existing MEL. This proposed AD would also 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. 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 December 
26, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2023-2139; 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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#fd9c9ed3848891bd9c988f92d3c19cdd958f989bc0" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website: 
bombardier.com.
    <bullet> For Liebherr-Aerospace Toulouse SAS service information 
identified in this NPRM, 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: 
<a href="/cdn-cgi/l/email-protection#750110161d0500175b011a00191a00061035191c10171d1007075b161a18"><span class="__cf_email__" data-cfemail="2f5b4a4c475f5a4d015b405a43405a5c4a6f43464a4d474a5d5d014c4042">[email protected]</span></a>; website: www.liebherr.aero.
    <bullet> 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.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#330a1e5245401e5d4a52505c1e505c40735552521d545c45"><span class="__cf_email__" data-cfemail="b58c98d4c3c698dbccd4d6da98d6dac6f5d3d4d49bd2dac3">[email protected]</span></a>.

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-2023-2139; Project Identifier 
MCAI-2023-00435-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 
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516- 228-7300; email: <a href="/cdn-cgi/l/email-protection#dae3f7bbaca9f7b4a3bbb9b5f7b9b5a99abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="84bda9e5f2f7a9eafde5e7eba9e7ebf7c4e2e5e5aae3ebf2">[email protected]</span></a>. 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-2023-18, dated March 9, 2023 (Transport 
Canada AD CF-2023-18) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Bombardier,

[[Page 77045]]

Inc., Model BD-700-2A12 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. 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.
    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-2023-2139.

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.

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 described 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 maintenance records verification. If 
an affected part is installed, this proposed AD would prohibit the use 
of certain MMEL items unless specific dispatch instructions are 
followed by revising the operator's existing MEL and accomplishing the 
actions specified in the service information already described. For 
certain airplanes, this proposed AD would also require testing each 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 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 19 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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 = Up              $0  Up to $18,190.............  Up to $345,610.
 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 proposed AD. 
The FAA estimates it would take up to 1.5 hours to replace a sensing 
element.
    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]

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

Bombardier, Inc.: Docket No. FAA-2023-2139; Project Identifier MCAI-
2023-00435-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 26, 2023.

[[Page 77046]]

(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, 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.
    (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 (i)--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: <a href="/cdn-cgi/l/email-protection#ecd5c18d9a9fc182958d8f83c18f839fac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="221b0f4354510f4c5b43414d0f414d51624443430c454d54">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#c6ffeba7b0b5eba8bfa7a5a9eba5a9b586a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="734a5e1205005e1d0a12101c5e101c00331512125d141c05">[email protected]</span></a>.

(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: <a href="/cdn-cgi/l/email-protection#cfaeace1b6baa38faeaabda0e1f3aeefa7bdaaa9f2" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; 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: 
<a href="/cdn-cgi/l/email-protection#037766606b7376612d776c766f6c767066436f6a66616b6671712d606c6e"><span class="__cf_email__" data-cfemail="2f5b4a4c475f5a4d015b405a43405a5c4a6f43464a4d474a5d5d014c4042">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#4026326e292e3330252334292f2e002e2132216e272f36"><span class="__cf_email__" data-cfemail="dbbda9f5b2b5a8abbeb8afb2b4b59bb5baa9baf5bcb4ad">[email protected]</span></a>.

    Issued on October 26, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2023-24008 Filed 11-7-23; 8:45 am]
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