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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
 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 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 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email*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: 
                        *9-avs-nyaco-cos@faa.gov.*


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 
                    ( print 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: 
                    *9-avs-nyaco-cos@faa.gov.*
                     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
Labor cost
Parts cost
Cost per
                             product
Cost on U.S.
                             operators6 work-hours × $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
 
 
 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
 1.The authority citation for part 39 continues to read as follows: Authority:
                    49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 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.  (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: 
                        *9-avs-nyaco-cos@faa.gov.*
                         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: 
                        *9-avs-nyaco-cos@faa.gov.* (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 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email 
                        *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 
                        ( print 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 
                        *fr.inspection@nara.gov.* 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