[Federal Register Volume 89, Number 15 (Tuesday, January 23, 2024)]
[Rules and Regulations]
[Pages 4179-4181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01170]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1890; Project Identifier MCAI-2023-00283-T; 
Amendment 39-22645; AD 2023-26-02]
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 all 
Bombardier, Inc., Model BD-100-1A10 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 revising the existing airplane flight 
manual (AFM) to include procedures to prevent takeoff with an active 
bleed air leak annunciated while on the ground. 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. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective February 27, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 27, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1890; 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 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 <a href="/cdn-cgi/l/email-protection#b0d1d39ec9c5dcf0d1d5c2df9e8cd190d8c2d5d68d" 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 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#0f7b6a6c677f7a6d217b607a63607a7c6a4f63666a6d676a7d7d216c6062"><span class="__cf_email__" data-cfemail="1e6a7b7d766e6b7c306a716b72716b6d7b5e72777b7c767b6c6c307d7173">[email protected]</span></a>; website 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. It is also available at 
regulations.gov under Docket No. FAA-2023-1890.

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#182135796e6b357661797b77357b776b587e7979367f776e"><span class="__cf_email__" data-cfemail="073e2a6671742a697e6664682a6468744761666629606871">[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 apply to all Bombardier, Inc., 
Model BD-100-1A10 airplanes. The NPRM published in the Federal Register 
on September 29, 2023 (88 FR 67118). The NPRM was prompted by AD CF-
2023-09, dated February 14, 2023, issued by Transport Canada, which is 
the aviation authority for Canada (referred to after this 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 revising the existing AFM 
to include procedures to prevent takeoff with an active bleed air leak 
annunciated while on the ground. The FAA 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 FAA also proposed to 
prohibit the installation of affected parts. 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-2023-1890.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from an anonymous commenter who has 
experience troubleshooting and maintaining environmental control 
systems (bleed air). No changes to the AD were requested. The commenter 
stated revising the AFM procedures will prevent costly maintenance and 
implementing extra safety features will also be cost effective and 
favor pilot safety. The FAA infers that the commenter supports the AD.

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 Liebherr Service Bulletin CFD-F1958-26-01, dated 
May 6, 2022, which specifies part numbers for affected sensing 
elements.
    Bombardier has issued the following service information. This 
service information describes procedures to prevent the takeoff of an 
airplane with an active bleed air leak annunciated while on the ground. 
These documents are distinct since they apply to different airplane 
models.

[[Page 4180]]

    <bullet> Section 05-42, Air Conditioning & Pressurization, Non-
Normal Procedures Section, Bombardier Challenger 300 AFM (Imperial 
Version), Publication No. CSP 100-1, Revision 71, dated November 9, 
2022. (For obtaining the procedures for Bombardier Challenger 300 AFM 
(Imperial Version), Publication No. CSP 100-1, use Document 
Identification No. CH 300 AFM-I.)
    <bullet> Section 05-42, Air Conditioning & Pressurization, Non-
Normal Procedures Section, Bombardier Challenger 350 AFM, Publication 
No. CH 350 AFM, Revision 37, dated November 9, 2022. (For obtaining the 
procedures for Bombardier Challenger 350 AFM, Publication No. CH 350 
AFM, use Document Identification No. CH 350 AFM.)
    The FAA also reviewed Bombardier Service Bulletin 100-36-10, dated 
December 23, 2022; and Bombardier Service Bulletin 350-36-003, dated 
December 23, 2022; which specify procedures for testing each leak 
detection loop sensing element installed on the airplane, marking each 
serviceable sensing element with a witness mark, and replacing each 
nonserviceable part with a serviceable part. These documents are 
distinct since they apply to different airplane models.
    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 317 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 77 work-hours x $85 per hour =               $0   Up to $6,545...............  Up to $2,074,765.
 $6,545.
----------------------------------------------------------------------------------------------------------------

    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 would take up to 1.5 hours to replace one sensor.
    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:

2023-26-02 Bombardier, Inc.: Amendment 39-22645; Docket No. FAA-
2023-1890; Project Identifier MCAI-2023-00283-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 27, 
2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    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. 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

    (1) For purposes of this AD, an affected part is a sensing 
element marked with a date code A0448 through A2104 inclusive 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 either 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.

[[Page 4181]]

    (ii) The sensing element has been tested and found to be 
serviceable as specified in paragraph (i) 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 11 of Bombardier Service 
Bulletin 100-36-10, dated December 23, 2022, or Bombardier Service 
Bulletin 350-36-003, dated December 23, 2022, as applicable (the 
figure is representative for all sensing elements).
    (2) For purposes of this AD, a serviceable part is a sensing 
element that is not an affected part.

(h) Revision of the Existing Airplane Flight Manual (AFM)

    For airplane serial numbers 20001 through 20457 inclusive and 
20501 through 20906 inclusive: Within 30 days after the effective 
date of this AD, revise the existing AFM to include the information 
specified in paragraphs (h)(1) and (2) of this AD, as applicable.
    (1) For airplane serial numbers 20001 through 20457 inclusive: 
Section 05-42, Air Conditioning & Pressurization, Non-Normal 
Procedures Section, Bombardier Challenger 300 AFM (Imperial 
Version), Publication No. CSP 100-1, Revision 71, dated November 9, 
2022.
    Note 1 to Paragraph (h)(1): For obtaining the procedures for 
Bombardier Challenger 300 AFM (Imperial Version), Publication No. 
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    (2) For airplane serial numbers 20501 through 20906 inclusive: 
Section 05-42, Airconditioning & Pressurization, Non-Normal 
Procedures Section, Bombardier Challenger 350 AFM, Publication No. 
CH 350 AFM, Revision 37, dated November 9, 2022.
    Note 2 to Paragraph (h)(2): For obtaining the procedures for 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.

(i) Testing of Overheat Detection Sensing Elements

    For airplane serial numbers 20001 through 20457 inclusive and 
20501 through 20906 inclusive: Within 7,500 flight cycles or 96 
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 100-36-10, dated December 23, 2022; 
or Bombardier Service Bulletin 350-36-003, dated December 23, 2022, 
as applicable.
    (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 
100-36-10, dated December 23, 2022; or Bombardier Service Bulletin 
350-36-003, dated December 23, 2022; as applicable.
    (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 100-36-10, dated December 23, 2022; or Bombardier 
Service Bulletin 350-36-003, dated December 23, 2022; as applicable.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part on any airplane.

(k) No Reporting Requirement

    Although Bombardier Service Bulletin 100-36-10, dated December 
23, 2022; and Bombardier Service Bulletin 350-36-003, dated December 
23, 2022; specify to submit certain information to the manufacturer, 
this AD does not include that requirement.

(l) 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 (m)(2) of this AD. Information may be emailed to: 9-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="9fdec9ccb2d1c6dedcd0b2dcd0ccdff9fefeb1f8f0e9">[email protected]</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.

(m) Additional Information

    (1) Refer to Transport Canada AD CF-2023-09, dated February 14, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1890.
    (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#0a33276b7c792764736b6965276965794a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="251c08445356084b5c44464a08464a56654344440b424a53">[email protected]</span></a>.

(n) 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 100-36-10, dated December 23, 
2022.
    (ii) Bombardier Service Bulletin 350-36-003, dated December 23, 
2022.
    (iii) Section 05-42, Air Conditioning & Pressurization, Non-
Normal Procedures Section, Bombardier Challenger 300 AFM (Imperial 
Version), Publication No. CSP 100-1, Revision 71, dated November 9, 
2022.
    Note 3 to Paragraph (n)(2)(iii): For obtaining the procedures 
for Bombardier Challenger 300 AFM (Imperial Version), Publication 
No. CSP 100-1, use Document Identification No. CH 300 AFM-I.
    (iv) Section 05-42, Air Conditioning & Pressurization, Non-
Normal Procedures Section, Bombardier Challenger 350 AFM, 
Publication No. CH 350 AFM, Revision 37, dated November 9, 2022.
    Note 4 to Paragraph (n)(2)(iv): For obtaining the procedures for 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.
    (v) 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#4a2b2964333f260a2b2f382564762b6a22382f2c77" 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#88fcedebe0f8fdeaa6fce7fde4e7fdfbedc8e4e1edeae0edfafaa6ebe7e5"><span class="__cf_email__" data-cfemail="9beffef8f3ebeef9b5eff4eef7f4eee8fedbf7f2fef9f3fee9e9b5f8f4f6">[email protected]</span></a>; website 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#c9afbbe7a0a7bab9acaabda0a6a789a7a8bba8e7aea6bf"><span class="__cf_email__" data-cfemail="6204104c0b0c11120701160b0d0c220c0310034c050d14">[email protected]</span></a>.

    Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-01170 Filed 1-22-24; 8:45 am]
BILLING CODE 4910-13-P


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