Airworthiness Directives; Bombardier, Inc., Airplanes, 34794-34797 [2023-11439]

Download as PDF 34794 Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules a CDA. Currently, there are 145 federal credit unions utilizing CDAs. The NCUA estimates that a small number of federal credit unions would utilize the authority granted in this rule. In addition, as the rule merely adds another category of permissible entities a federal credit union may donate to through a CDA, the NCUA does not find that this rule would impose a cost or burden on any federal credit unions. As such, this rule will not have a significant economic impact on a substantial number of small entities. C. Executive Order 13132 Executive Order 13132 encourages independent regulatory agencies to consider the impact of their actions on state and local interests. The NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily complies with the Executive Order to adhere to fundamental federalism principles. This proposed rule would not have substantial direct effects 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. The proposed rule would affect only federal credit unions. Federally insured, state-chartered credit unions derive their investment and incidental powers authority from state law, and the NCUA’s regulations do not determine the permissibility of such investments or activities. The NCUA has therefore determined that this proposed rule does not constitute a policy that has federalism implications for purposes of the Executive Order. lotter on DSK11XQN23PROD with PROPOSALS1 D. Assessment of Federal Regulations and Policies on Families Credit unions. VerDate Sep<11>2014 16:10 May 30, 2023 Jkt 259001 For the reasons discussed in the preamble, the NCUA Board proposes to amend 12 CFR part 721, as follows: PART 721—INCIDENTAL POWERS 1. The authority citation for part 721 continues to read as follows: ■ Authority: 12 U.S.C. 1757(17), 1766 and 1789. 2. Revise § 721.3(b)(2)(vii)(B) to read as follows: ■ § 721.3 What categories of activities are preapproved as incidental powers necessary or requisite to carry on a credit union’s business? * * * * * (b) * * * (2) * * * (vii) * * * (B) Qualified charity is a charitable organization or other non-profit entity recognized as exempt from taxation under sections 501(c)(3) or 501(c)(19) of the Internal Revenue Code. * * * * * [FR Doc. 2023–11556 Filed 5–30–23; 8:45 am] BILLING CODE 7535–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1052; Project Identifier MCAI–2023–00260–T] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The NCUA has determined that this proposed rule would not affect family well-being within the meaning of section 654 of the Treasury and General Government Appropriations Act, 1999, Public Law 105–277, 112 Stat. 2681 (1998). The proposed rule could increase charitable donations by federal credit unions to organizations that provide benefits or services to veterans’ households, but the Board believes that the connection would not be direct and is uncertain. However, the Board welcomes comments on this issue to further inform its analysis of this matter. List of Subjects in 12 CFR Part 721 By the NCUA Board on May 25, 2023. Melane Conyers-Ausbrooks, Secretary of the Board. The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL– 600–1A11 (600), CL–600–2A12 (601), and CL–600–2B16 (601–3A, 601–3R, and 604 Variants) airplanes. This proposed AD was prompted by an uncommanded flap extension accompanied by a flaps fail caution message during climb. This proposed AD requires initial and repetitive operational tests of the flap control system. 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 July 17, 2023. SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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–2023–1052; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this 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 Coˆte-Vertu Road West, Dorval, Que´bec 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: Chirayu Gupta, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avs-nyaco-cos@ faa.gov. ADDRESSES: 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–2023–1052; Project Identifier MCAI–2023–00260–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 E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules 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 Chirayu Gupta, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 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 AD CF–2023–07, dated February 10, 2023 (Transport Canada AD CF– 2023–07) (also referred to as the MCAI), to correct an unsafe condition on certain Bombardier, Inc., Model CL–600–1A11 (600), CL–600–2A12 (601), and CL–600– 2B16 (601–3A, 601–3R, and 604 Variants) airplanes. The MCAI states a Model CL–600–2B16 airplane experienced an uncommanded flap extension from 0 to 45 degrees, accompanied by a flaps fail caution message during climb. The airplane returned to the departure airport without further incident. The investigations found that the flap control system failed to arrest the uncommanded movement due to a failed retract relay. The failed retract relay also caused the flap control system to operate at half speed, which was undetected during previous flights. The root cause of the uncommanded flap extension remains under investigation. Transport Canada considers its AD to be an interim action, and further AD action may follow. See Transport Canada AD CF–2023–07 for additional background information. The FAA is proposing this AD to address the failure of the flap control system to arrest the uncommanded flap extension. The unsafe condition, if not addressed, could lead to the loss of control of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1052. Related Service Information Under 1 CFR Part 51 The FAA reviewed the following service information, which specifies procedures for performing initial and repetitive operational tests of the inboard and outboard flaps to verify the functionality of the retract relays. The service information also specifies contacting the manufacturer for corrective action for any anomaly found during an operational test. These documents are distinct since they apply to different airplane models. 34795 • Bombardier Service Bulletin 600– 0780, dated December 29, 2022. • Bombardier Service Bulletin 601– 1112, Revision 01, dated February 23, 2023. • Bombardier Service Bulletin 604– 27–040, dated December 29, 2022. • Bombardier Service Bulletin 605– 27–011, dated December 29, 2022. • Bombardier Service Bulletin 650– 27–004, dated December 29, 2022. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination These products have been approved by the aviation authority of another country, and are 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. Interim Action The FAA considers this proposed AD would be an interim action. If final action is later identified, the FAA might consider further rulemaking then. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 1,124 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: lotter on DSK11XQN23PROD with PROPOSALS1 ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product 1 work-hour × $85 per hour = $85 ........................................................................... $0 $85 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 VerDate Sep<11>2014 16:10 May 30, 2023 Jkt 259001 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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Cost on U.S. operators $95,540 per test cycle. 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 E:\FR\FM\31MYP1.SGM 31MYP1 34796 Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules develop on products identified in this rulemaking action. 5665 inclusive, 5701 through 5988 inclusive, and 6050 through 6999 inclusive. Regulatory Findings (d) Subject Air Transport Association (ATA) of America Code 27, Flight Controls. 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 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ Bombardier, Inc.: Docket No. FAA–2023– 1052; Project Identifier MCAI–2023– 00260–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by July 17, 2023. lotter on DSK11XQN23PROD with PROPOSALS1 (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., airplanes, certificated in any category, identified in paragraphs (c)(1) through (3) of this AD. (1) Model CL–600–1A11 (600) airplanes, serial numbers 1004 through 1085 inclusive. (2) Model CL–600–2A12 (601) airplanes, serial numbers 3001 through 3066 inclusive. (3) Model CL–600–2B16 (601–3A, 601–3R, and 604 Variants) airplanes, serial numbers 5001 through 5194 inclusive, 5301 through VerDate Sep<11>2014 16:10 May 30, 2023 Jkt 259001 (e) Unsafe Condition This AD was prompted by a Model CL– 600–2B16 airplane that experienced an uncommanded flap extension from 0 to 45 degrees, accompanied by a flaps fail caution message during climb. The FAA is issuing this AD to address the failure of the flap control system to arrest the uncommanded flap extension. The unsafe condition, if not addressed, could lead to the loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Initial Operational Test Within 100 flight hours or 15 months, whichever occurs first after the effective date of this AD, perform an initial operational test of the inboard and outboard flaps, and all applicable corrective actions, in accordance with Section 2.B. of the Accomplishment Instructions of the applicable service information identified in paragraphs (g)(1) through (5) of this AD. Corrective actions must be done before further flight after the test. (1) For Model CL–600–1A11 (Challenger 600) airplanes, serial numbers 1004 through 1085 inclusive: Use Bombardier Service Bulletin 600–0780, dated December 29, 2022. (2) For Model CL–600–2A12 (Challenger 601) airplanes, serial numbers 3001 through 3066 inclusive, and Model CL–600–2B16 (Challenger 601) airplanes, serial numbers 5001 through 5194 inclusive: Use Bombardier Service Bulletin 601–1112, Revision 01, dated February 23, 2023. (3) For Model CL–600–2B16 (Challenger 604) airplanes, serial numbers 5301 through 5665 inclusive: Use Bombardier Service Bulletin 604–27–040, dated December 29, 2022. (4) For Model CL–600–2B16 (Challenger 605) airplanes, serial numbers 5701 through 5988 inclusive: Use Bombardier Service Bulletin 605–27–011, dated December 29, 2022. (5) For Model CL–600–2B16 (Challenger 650) airplanes, serial numbers 6050 through 6999 inclusive: Use Bombardier Service Bulletin 650–27–004, dated December 29, 2022. (h) Repetitive Operational Tests Repeat the operational test required by paragraph (g) of this AD at the applicable time specified in paragraph (h)(1) through (3) of this AD. (1) For Model CL–600–1A11 airplanes: Repeat at intervals not to exceed 100 flight hours. (2) For the airplanes identified in paragraphs (h)(2)(i) and (ii) of this AD: Repeat within the repetitive intervals specified in Section 1.D. of Bombardier Service Bulletin 601–1112, Revision 01, dated February 23, 2023. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (i) Model CL–600–2A12 airplanes. (ii) Model CL–600–2B16 airplanes, serial numbers 5001 through 5194. (3) For the airplanes identified in paragraphs (h)(3)(i) through (iii) of this AD: Repeat the test at intervals not to exceed 400 flight hours. (i) Model CL–600–2B16 airplanes, serial numbers 5301 through 5665. (ii) Model CL–600–2B16 airplanes, serial numbers 5701 through 5988. (iii) Model CL–600–2B16 airplanes, serial numbers 6050 through 6999. (i) Credit for Previous Actions For the airplanes identified in paragraph (h)(2) of this AD: This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 601–1112, dated December 29, 2022. (j) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO 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 New York ACO Branch, mail it to ATTN: Program Manager, Continuing Operational Safety, at 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, New York ACO 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 DAOauthorized signature. (k) Additional Information (1) Refer to Transport Canada AD CF– 2023–07, dated February 10, 2023, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–1052. (2) For more information about this AD, contact Chirayu Gupta, Aerospace Engineer, Mechanical Systems and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228– 7300; email 9-avs-nyaco-cos@faa.gov. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (4) of this AD. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference E:\FR\FM\31MYP1.SGM 31MYP1 Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Proposed Rules (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 600–0780, dated December 29, 2022. (ii) Bombardier Service Bulletin 601–1112, Revision 01, dated February 23, 2023. (iii) Bombardier Service Bulletin 604–27– 040, dated December 29, 2022. (iv) Bombardier Service Bulletin 605–27– 011, dated December 29, 2022. (v) Bombardier Service Bulletin 650–27– 004, dated December 29, 2022. (3) For service information identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec 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 availability of this material at the FAA, call 206–231–3195. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on May 24, 2023. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–11439 Filed 5–30–23; 8:45 am] BILLING CODE 4910–13–P FEDERAL TRADE COMMISSION 16 CFR Part 1 [File No. R307002] Petition for Rulemaking of National Association of Consumer Advocates, Consumer Federation of America, Center for Responsible Lending, Consumers for Auto Reliability and Safety, National Consumer Law Center, and U.S. PIRG Federal Trade Commission. Petition for rulemaking; request for comment. AGENCY: ACTION: Please take notice that the Federal Trade Commission (‘‘Commission’’) received a petition for rulemaking from the National Association of Consumer Advocates, Consumer Federation of America, Center for Responsible Lending, Consumers for Auto Reliability and Safety, National Consumer Law Center, lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:10 May 30, 2023 Jkt 259001 and U.S. PIRG, and has published that petition online at https:// www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission’s Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition. DATES: Comments must identify the petition docket number and be filed by June 30, 2023. ADDRESSES: You may view the petition, identified by docket number FTC–2023– 0035, and submit written comments concerning its merits by using the Federal eRulemaking Portal at https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit sensitive or confidential information. You may read background documents or comments received at https://www.regulations.gov at any time. FOR FURTHER INFORMATION CONTACT: Daniel Freer, Office of the Secretary, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, dfreer@ftc.gov, (202) 326– 2663. SUPPLEMENTARY INFORMATION: Pursuant to Section 18(a)(1)(B) of the Federal Trade Commission Act, 15 U.S.C. 57a(1)(B), and FTC Rule 1.31(f), 16 CFR 1.31(f), notice is hereby given that the above-captioned petition has been filed with the Secretary of the Commission and has been placed on the public record for a period of thirty (30) days. Any person may submit comments in support of or in opposition to the petition. All timely and responsive comments submitted in connection with this petition will become part of the public record. The Commission will not consider the petition’s merits until after the comment period closes. Because your comment will be placed on the publicly accessible website at https://www.regulations.gov, you are solely responsible for making sure your comment does not include any sensitive or confidential information. In particular, your comment should not include any sensitive personal information, such as your or anyone else’s Social Security number; date of birth; driver’s license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any ‘‘trade secret or any PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 34797 commercial or financial information which . . . is privileged or confidential’’—as provided by Section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2). Authority: 15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 601 note. April J. Tabor, Secretary. [FR Doc. 2023–11445 Filed 5–30–23; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0380] RIN 1625–AA00 Safety Zone; Hurricanes, Tropical Storms and Other Disasters in Southeast Texas and Southwest Louisiana Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard is proposing to establish a permanent safety zone to be enforced in the event of hurricanes, tropical storms, and other disasters in southeast Texas and southwest Louisiana. This action is necessary to ensure the safety of the waters of the Port Arthur Captain of the Port (COTP) zone Port Arthur, TX. This proposed rulemaking would establish actions to be completed by industry and vessels in the COTP zone prior to landfall of hurricanes, tropical storms, and other disasters threatening Port Arthur, TX. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before June 15, 2023. ADDRESSES: You may submit comments identified by docket number USCG– 2023–0380 using the Federal DecisionMaking Portal at https:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. SUMMARY: If you have questions about this proposed rulemaking, call or email Mr. Scott Whalen, Marine Safety Unit Port Arthur, U.S. Coast Guard; telephone 409–719– 5086, email douglas.g.hendrix2@ uscg.mil. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\31MYP1.SGM 31MYP1

Agencies

[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34794-34797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11439]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1052; Project Identifier MCAI-2023-00260-T]
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 CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
This proposed AD was prompted by an uncommanded flap extension 
accompanied by a flaps fail caution message during climb. This proposed 
AD requires initial and repetitive operational tests of the flap 
control system. 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 July 17, 
2023.

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-2023-1052; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this 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 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">[email protected]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: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

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-2023-1052; Project Identifier 
MCAI-2023-00260-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

[[Page 34795]]

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 
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email [email protected]. 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 AD CF-2023-07, dated February 10, 2023 (Transport Canada AD CF-
2023-07) (also referred to as the MCAI), to correct an unsafe condition 
on certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
The MCAI states a Model CL-600-2B16 airplane experienced an uncommanded 
flap extension from 0 to 45 degrees, accompanied by a flaps fail 
caution message during climb. The airplane returned to the departure 
airport without further incident. The investigations found that the 
flap control system failed to arrest the uncommanded movement due to a 
failed retract relay. The failed retract relay also caused the flap 
control system to operate at half speed, which was undetected during 
previous flights. The root cause of the uncommanded flap extension 
remains under investigation. Transport Canada considers its AD to be an 
interim action, and further AD action may follow. See Transport Canada 
AD CF-2023-07 for additional background information.
    The FAA is proposing this AD to address the failure of the flap 
control system to arrest the uncommanded flap extension. The unsafe 
condition, if not addressed, could lead to the loss of control of the 
airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1052.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies 
procedures for performing initial and repetitive operational tests of 
the inboard and outboard flaps to verify the functionality of the 
retract relays. The service information also specifies contacting the 
manufacturer for corrective action for any anomaly found during an 
operational test. These documents are distinct since they apply to 
different airplane models.
     Bombardier Service Bulletin 600-0780, dated December 29, 
2022.
     Bombardier Service Bulletin 601-1112, Revision 01, dated 
February 23, 2023.
     Bombardier Service Bulletin 604-27-040, dated December 29, 
2022.
     Bombardier Service Bulletin 605-27-011, dated December 29, 
2022.
     Bombardier Service Bulletin 650-27-004, dated December 29, 
2022.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are 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.

Interim Action

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

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,124 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or

[[Page 34796]]

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]

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

Bombardier, Inc.: Docket No. FAA-2023-1052; Project Identifier MCAI-
2023-00260-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 17, 2023.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Unsafe Condition

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

(f) Compliance

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

(g) Initial Operational Test

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

(h) Repetitive Operational Tests

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

(i) Credit for Previous Actions

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

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 New York ACO 
Branch, mail it to ATTN: Program Manager, Continuing Operational 
Safety, at the address identified in paragraph (k)(2) of this AD or 
email to: [email protected]. 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, New York ACO 
Branch, FAA; or Transport Canada; or Bombardier, Inc.'s Transport 
Canada Design Approval Organization (DAO). If approved by the DAO, 
the approval must include the DAO-authorized signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2023-07, dated February 10, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1052.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference

[[Page 34797]]

(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 600-0780, dated December 29, 
2022.
    (ii) Bombardier Service Bulletin 601-1112, Revision 01, dated 
February 23, 2023.
    (iii) Bombardier Service Bulletin 604-27-040, dated December 29, 
2022.
    (iv) Bombardier Service Bulletin 605-27-011, dated December 29, 
2022.
    (v) Bombardier Service Bulletin 650-27-004, dated December 29, 
2022.
    (3) For service information identified in this AD, contact 
Bombardier Business Aircraft Customer Response Center, 400 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email bombardier.com">[email protected]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 availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 24, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-11439 Filed 5-30-23; 8:45 am]
BILLING CODE 4910-13-P
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