4176 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

49 15 U.S.C. 1681c(a)(1). 

50 In the original FCRA, ‘‘[r]ecords of arrest, 

indictment, or conviction of crime’’ were reportable 

for seven years, starting at the ‘‘date of disposition, 

release, or parole.’’ 15 U.S.C. 1681c(a)(5) (1996). 

The 1998 amendment to the FCRA deleted this 

paragraph. Consumer Reporting Employment 

Clarification Act, Public Law 105–347, sec. 5(2), 

112 Stat. 3211. The amendment moved ‘‘records of 

arrest’’ to pre-existing paragraph (a)(2), which now 

requires the reporting of ‘‘[c]ivil suits, civil 

judgment, and records of arrest’’ to end seven years 

after ‘‘date of entry,’’ 15 U.S.C. 1681c(a)(2). See 

Public Law 105–347, sec. 5(1), 112 Stat. 3211. 

(Information of this type can be reported ‘‘until the 

governing statute of limitations has expired,’’ if that 

period is longer. 15 U.S.C. 1681c(a)(2).) The 1998 

amendment also removed criminal convictions 

altogether from the restriction on reporting obsolete 

information. Id., sec. 5(3), codified at 15 U.S.C. 

1681c(a)(5) (prohibiting reporting, past seven years, 

of ‘‘any other adverse item of information, other 

than records of convictions of crimes’’). 

51 Moran, 943 F.3d at 1185. 

52 15 U.S.C. 1681s. 

53 15 U.S.C. 1681o (emphasis added). 

54 15 U.S.C. 1681n (emphasis added); Safeco Ins. 

Co. of Am. v. Burr, 551 U.S. 47, 57–58 (2007) 

(construing meaning of ‘‘willful’’). 

55Safeco Ins., 551 U.S. at 70; Fuges v. Sw. Fin. 

Servs., Ltd., 707 F.3d 241, 253 (3d Cir. 2012). 

56Public Law 111–203, 124 Stat. 1376 (2010). 

57 12 U.S.C. 5512(b)(1). 

58 44 U.S.C. 3501–3521. 

59 5 U.S.C. 801 et seq. 

bankruptcy cases, the reporting period 

ends 10 years ‘‘from the date of entry of 

the order for relief or the date of 

adjudication.’’ 49 Unlike these 

provisions, section 605(a)(5) contains no 

indication that Congress intended to tie 

the end of the reporting period to 

something other than the occurrence of 

the adverse item. The pre-1998 version 

of section 605(a) explicitly made 

‘‘disposition’’ of a ‘‘record[ ] . . . of 

indictment’’ the trigger for the sevenyear reporting period; however, a 1998 

amendment deleted that provision.50

This amendment ‘‘significantly altered 

[the] statute,’’ indicating clearly that the 

end of the reporting period under 

section 605(a)(5) depends on the date of 

the adverse item itself—not on the date 

of disposition.51

In addition to provisions authorizing 

Federal and State enforcement,52 the 

FCRA contains two provisions relating 

to civil liability to consumers for 

noncompliance. Section 617 provides 

that ‘‘any person who is negligent in 

failing to comply with any requirement 

imposed under this title with respect to 

any consumer is liable to that consumer 

in an amount equal to’’ the consumer’s 

actual damages, and costs and 

reasonable attorney’s fees.53 Section 616 

provides that ‘‘any person who willfully 

fails to comply with any requirement 

imposed under this title with respect to 

any consumer is liable to that consumer 

in an amount equal to’’ actual or 

statutory damages of up to $1,000 per 

violation, such punitive damages as the 

court allows, and costs and reasonable 

attorney’s fees.54 A violation is willful 

when it is inconsistent with 

‘‘authoritative guidance’’ from a relevant 

agency.55 As with any guidance issued 

by the CFPB on the FCRA, or 

predecessor agencies that were 

responsible for administering the FCRA 

prior to the CFPB’s creation, consumer 

reporting agencies risk liability under 

section 616 if they violate the FCRA in 

a manner described in this advisory 

opinion, regardless of whether the 

consumer reporting agencies were 

previously liable for willful violations 

prior to its issuance. 

II. Regulatory Matters 

This advisory opinion is an 

interpretive rule issued under the 

Bureau’s authority to interpret the 

FCRA, including under section 

1022(b)(1) of the Consumer Financial 

Protection Act of 2010,56 which 

authorizes guidance as may be 

necessary or appropriate to enable the 

Bureau to administer and carry out the 

purposes and objectives of Federal 

consumer financial laws.57

The Bureau has determined that this 

advisory opinion does not impose any 

new or revise any existing 

recordkeeping, reporting, or disclosure 

requirements on covered entities or 

members of the public that would be 

collections of information requiring 

approval by the Office of Management 

and Budget under the Paperwork 

Reduction Act.58

Pursuant to the Congressional Review 

Act,59 the Bureau will submit a report 

containing this interpretive rule and 

other required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to the 

rule’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this interpretive 

rule as not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2024–00788 Filed 1–22–24; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1498; Project 

Identifier MCAI–2023–00459–T; Amendment 

39–22643; AD 2023–25–16] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A330–200, A330– 

200 Freighter, A330–300, A330–800, 

and A330–900 series airplanes. This AD 

was prompted by a determination that 

part of a certain production ground test 

procedure used to confirm inner fuel 

tank integrity was not accomplished 

properly on certain airplanes. This AD 

requires a fuel tank leak test and, 

depending on findings, accomplishment 

of applicable corrective action, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. 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–2023–1498; 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: 

• For EASA material incorporated by 

reference in this AD, contact EASA, 

Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find 

this material on the EASA website at 

ad.easa.europa.eu. 

• For Airbus SAS service information 

identified in this AD, contact Airbus 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4177 

SAS, Airworthiness Office—EAL, RondPoint Emile Dewoitine No: 2, 31700 

Blagnac Cedex, France; telephone +33 5 

61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

website airbus.com. 

• You may view this material 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 in the AD docket at 

regulations.gov under Docket No. FAA– 

2023–1498. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

206–231–3229; email: 

Vladimir.Ulyanov@faa.gov. 

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 Airbus SAS Model 

A330–200, A330–200 Freighter, A330– 

300, A330–800, and A330–900 series 

airplanes. The NPRM published in the 

Federal Register on July 20, 2023 (88 FR 

46699). The NPRM was prompted by 

AD 2023–0052, dated March 14, 2023, 

issued by EASA, which is the Technical 

Agent for the Member States of the 

European Union (EASA AD 2023–0052) 

(also referred to as the MCAI). The 

MCAI states that a determination has 

been made that the differential pressure 

test across Rib 3, part of the production 

ground test procedure used to confirm 

inner fuel tank integrity, was not 

properly accomplished on airplanes 

delivered before July 2021. 

In the NPRM, the FAA proposed to 

require a fuel tank leak test and, 

depending on findings, accomplishment 

of applicable corrective action, as 

specified in EASA AD 2023–0052. The 

FAA is issuing this AD to address lack 

of inner fuel tank integrity that, in the 

case of an uncontained engine rotor 

failure and subsequent fuel tank 

puncture, could lead to insufficient fuel 

available to ensure continued safe flight 

and landing. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1498. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received a comment from 

Air Line Pilots Association, 

International, who supported the NPRM 

without change. 

The FAA received an additional 

comment from Delta Air Lines (DAL). 

The following presents the comment 

received on the NPRM and the FAA’s 

response. 

Request To Correct Service Bulletin 

Errors 

DAL requested that two discrepancies 

in the service information be corrected. 

DAL noted that the reference to ‘‘R(L) 

INNER TK’’ should be changed to ‘‘L(R) 

INNER TK,’’ and there is a discrepancy 

in the range of possible capacitance 

values for inner tank probe 6. DAL 

asserted that these errors make it 

impossible for the required actions to be 

accomplished. 

The FAA agrees. Paragraph (h)(4) has 

been added to this AD to change the 

reference to ‘‘L(R) INNER TK.’’ 

Paragraph (h)(5) has been added to this 

AD to remove the requirement to 

measure the capacitance values for 

inner tank probe 6 FIN 24QT1 (FIN 

24QT2). Airbus has advised that these 

errors will be corrected in a future 

revision. 

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 comments 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 

EASA AD 2023–0052 specifies 

procedures for performing a leak test of 

the inner fuel tanks for discrepancies 

(i.e., leaks; a leak test is failed if, during 

a secondary recording of capacitance 

values, the aft inner tank probe FIN 

25QT1(FIN 25QT2) and FIN 

123QT1(FIN 123QT2) values reduce by 

2pF when compared with those in the 

initial recording) and, depending on 

findings, accomplishing applicable 

corrective action. Corrective actions 

include performing the applicable fault 

isolation and rectification. 

Airbus Service Bulletin A330–28– 

3141, dated December 16, 2022, 

specifies serial numbers of affected 

airplanes. 

This material 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 128 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 

4 work-hours × $85 per hour = $340 .............................................................................................. $0 $340 $43,520 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition actions specified in 

this AD. 

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. 


khammond on DSKJM1Z7X2PROD with RULES
4178 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–25–16 Airbus SAS: Amendment 39– 

22643; Docket No. FAA–2023–1498; 

Project Identifier MCAI–2023–00459–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 27, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Airbus SAS airplanes, 

certificated in any category, specified in 

paragraphs (c)(1) through (5) of this AD, and 

with serial numbers identified in Airbus 

Service Bulletin A330–28–3141, dated 

December 16, 2022. 

(1) Model A330–201, –202, –203, –223, and 

–243 airplanes. 

(2) Model A330–223F and –243F airplanes. 

(3) Model A330–301, –302, –303, –321, 

–322, –323, –341, –342, and –343 airplanes. 

(4) Model A330–841 airplanes. 

(5) Model A330–941 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that the differential pressure test across Rib 

3, part of the production ground test 

procedure used to confirm inner fuel tank 

integrity, had not been properly 

accomplished on airplanes delivered before 

July 2021. The FAA is issuing this AD to 

address lack of inner fuel tank integrity that, 

in the case of an uncontained engine rotor 

failure and subsequent fuel tank puncture, 

could lead to insufficient fuel available to 

ensure continued safe flight and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2023–0052, dated 

March 14, 2023 (EASA AD 2023–0052). 

(h) Exceptions to EASA AD 2023–0052 

(1) Where EASA AD 2023–0052 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0052. 

(3) Where the service information 

referenced in EASA AD 2023–0052 specifies 

repeating a step and recording certain values, 

replace the text ‘‘Do step 1 b again and record 

the capacitance values and then every 10 

minutes for 60 min,’’ with ‘‘Repeat step 1 b 

and record the capacitance values every 10 

minutes for 60 minutes.’’ 

(4) Where the service information 

referenced in EASA AD 2023–0052 specifies 

‘‘Set the R(L) INNER TK (FIN 6QU1)(FIN 

6QU2) switch to OPEN,’’ this AD requires 

replacing that text with ‘‘Set the L(R) INNER 

TK (FIN 6QU1)(FIN 6QU2) switch to OPEN.’’ 

(5) Where the service information 

referenced in EASA AD 2023–0052 specifies 

measuring certain capacitance values, this 

AD does not require measuring the 

capacitance values for inner tank probe 6 FIN 

24QT1 (FIN 24QT2). 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2023–0052 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(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 International Validation Branch, send 

it to the attention of the person identified in 

paragraph (k) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

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 EASA; or Airbus SAS’s 

EASA Design Organization Approval (DOA). 

If approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) Required for Compliance (RC): Except 

as required by paragraph (j)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are not identified 

as RC may be deviated from using accepted 

methods in accordance with the operator’s 

maintenance or inspection program without 

obtaining approval of an AMOC, provided 

the procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(k) Additional Information 

For more information about this AD, 

contact Vladimir Ulyanov, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: 206–231– 

3229; email: Vladimir.Ulyanov@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) Airbus Service Bulletin A330–28–3141, 

dated December 16, 2022. 

(ii) European Union Aviation Safety 

Agency (EASA) AD 2023–0052, dated March 

14, 2023. 

(3) For EASA AD 2023–0052, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; website 

easa.europa.eu. You may find this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) For Airbus service information 

identified in this AD, contact Airbus SAS, 

Airworthiness Office—EAL, Rond-Point 

Emile Dewoitine No: 2, 31700 Blagnac Cedex, 

France; telephone +33 5 61 93 36 96; fax +33 

5 61 93 45 80; email airworthiness.A330- 

A340@airbus.com; website airbus.com. 

(5) 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. 

(6) You may view this service information 

at the National Archives and Records 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4179 

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 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–01169 Filed 1–22–24; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 

• For Bombardier service information 

identified in this final rule, contact 

Bombardier Business Aircraft Customer 

Response Center, 400 Coˆte-Vertu Road 

West, Dorval, Que ́bec H4S 1Y9, Canada; 

telephone 514–855–2999; email ac.yul@

aero.bombardier.com; website 

bombardier.com. 

• For Liebherr-Aerospace Toulouse 

SAS service information identified in 

this AD, contact Liebherr-Aerospace 

Toulouse SAS, 408, Avenue des EtatsUnis—B.P.52010, 31016 Toulouse 

Cedex, France; telephone +33 

(0)5.61.35.28.28; fax +33 

(0)5.61.35.29.29; email 

techpub.toulouse@liebherr.com; website 

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 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 9-avsnyaco-cos@faa.gov. 

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. 


khammond on DSKJM1Z7X2PROD with RULES