Airworthiness Directives; Bombardier, Inc., Airplanes, 53823-53827 [2023-16874]
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Proposed Rules
(1) The steady approach must be at a
gradient of descent not greater than
5.2% (3°) down to the 15 m (50 ft)
height.
(b) A constant configuration must be
maintained throughout the maneuver.
(c) The landing must be made without
excessive vertical acceleration or
tendency to bounce, nose-over, ground
loop, porpoise, or water loop.
(d) It must be shown that a safe
transition to the balked landing
conditions of CS 23.77 can be made
from the conditions that exist at the 15
m (50 ft) height, at maximum landing
weight, or the maximum landing weight
for altitude and temperature of CS
23.63(c)(2) or (d)(2), as appropriate.
VLA.190
(a) Each normal, utility, and aerobatic
category reciprocating engine-powered
airplane of 2,722 kg (6,000 lb) or less
maximum weight must be able to
maintain a steady gradient of climb at
sea-level of at least 3.3% with—
(1) Takeoff power on each engine;
(2) The landing gear extended;
(3) The wing flaps in the landing
position, except that if the flaps may
safely be retracted in 2 seconds or less
without loss of altitude and without
sudden changes of angle of attack, they
may be retracted; and
(4) A climb speed equal to VREF, as
defined in CS 23.73(a).
VLA.195
(a) It must be possible to carry out the
following maneuvers without requiring
the application of single-handed control
forces exceeding those specified in CS
23.143(c), unless otherwise stated. The
trimming controls must not be adjusted
during the maneuvers:
(1) With power off, landing gear and
flaps extended and the airplane as
nearly as possible in trim at VREF, obtain
and maintain airspeeds between 1.1 VS0
and either 1.7 VS0 or VFE (maximum flap
extended speed), whichever is lower,
without requiring the application of
two-handed control forces exceeding
those specified in CS 23.143(c).
(b) It must be possible, with a pilot
control force of not more than 44.5 N
(10 lbf), to maintain a speed of not more
than VREF during a power-off glide with
landing gear and wing flaps extended.
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VLA.200
It must be possible, while in the
landing configuration, to safely
complete a landing without exceeding
the one-hand control force limits
specified in CS 23.143(c) following an
approach to land—
(a) At a speed of VREF 9.3 km/h (5
knots);
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(b) With the airplane in trim, or as
nearly as possible in trim and without
the trimming control being moved
throughout the maneuver;
(c) At an approach gradient equal to
the steepest used in the landing distance
demonstration of CS 23.75;
(d) With only those power changes, if
any, which would be made when
landing normally from an approach at
VREF.
VLA.205
(a) Approach—It must be possible
using a favorable combination of
controls, to roll the airplane from a
steady 30° banked turn through an angle
of 60°, so as to reverse the direction of
the turn within—
(1) For an airplane of 2,722 kg (6,000
lb) or less maximum weight, 4 seconds
from initiation of roll; and
(2) For an airplane of over 2,722 kg
(6,000 lb) maximum weight, 1,000/W +
1,300 but not more than 7 seconds,
where W is weight in kg. (W + 2800/
2200 but not more than 7 seconds where
W is weight in lb.).
(b) The requirement of paragraph (a)
of this section must be met when rolling
the airplane in each direction in the
following conditions—
(1) Flaps in the landing position(s);
(2) Landing gear extended;
(3) All engines operating at the power
for a 3° approach; and
(4) The airplane trimmed at VREF.
VLA.210
(a) Landing. The stick force curve
must have a stable slope at speeds
between 1.1 VS1 and 1.8 VS1 with—
(1) Flaps in the landing position;
(2) Landing gear extended; and
(3) The airplane trimmed at—
(i) VREF, or the minimum trim speed
if higher, with power off; and
(ii) VREF with enough power to
maintain a 3° angle of descent.
Rechargeable Lithium Ion Battery
VLA.215
The applicant must consider the
following safety objectives when
showing compliance with regulations
applicable to the rechargeable lithium
ion battery.
Each rechargeable lithium ion battery
installation must:
(a) Be designed to maintain safe cell
temperatures and pressures under all
foreseeable operating conditions to
prevent fire and explosion;
(b) Be designed to prevent the
occurrence of self-sustaining,
uncontrollable increases in temperature
or pressure, and automatically control
the charge rate of each cell to protect
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53823
against adverse operating conditions,
such as cell imbalance, back charging,
overcharging, and overheating;
(c) Not emit explosive or toxic gases,
either in normal operation or as a result
of its failure, that may accumulate in
hazardous quantities within the
airplane;
(d) Meet the requirements of 14 CFR
23.2325(g);
(e) Not damage surrounding structure
or adjacent systems, equipment,
components, or electrical wiring from
corrosive or any other fluids or gases
that may escape in such a way as to
cause a major or more-severe failure
condition;
(f) Have provisions to prevent any
hazardous effect on airplane structure or
systems caused by the maximum
amount of heat it can generate due to
any failure of it or its individual cells;
(g) Have a failure sensing and warning
system to alert the flightcrew if its
failure affects safe operation of the
airplane;
(h) Have a monitoring and warning
feature that alerts the flightcrew when
its charge state falls below acceptable
levels if its function is required for safe
operation of the airplane;
(i) Have a means to disconnect from
its charging source in the event of an
over-temperature condition, cell failure,
or battery failure.
Issued in Washington, DC, on August 4,
2023.
Daniel J. Elgas,
Director, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023–17084 Filed 8–8–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1706; Project
Identifier MCAI–2023–00039–T]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD–
700–1A10 and BD–700–1A11 airplanes.
This proposed AD was prompted by
reports that the nose wheel steering
selector valve (SSV) can be slow to
SUMMARY:
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Proposed Rules
deactivate under low temperature
conditions. This proposed AD would
require replacing the affected SSV with
a re-designed SSV that has an improved
response time. 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 September 25,
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–2023–1706; 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 Bombardier, Inc., service
information identified in this NPRM,
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.
• 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, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
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17:06 Aug 08, 2023
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FAA–2023–1706; Project Identifier
MCAI–2023–00039–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Chirayu Gupta,
Aviation Safety Engineer, FAA, 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 Transport Canada AD CF–2023–
02, dated January 11, 2023 (TC AD CF–
2023–02) (also referred to after this as
the MCAI), to correct an unsafe
condition on certain Bombardier, Inc.,
Model BD–700–1A10 and BD–700–
1A11 airplanes. The MCAI states that
following a runway excursion on a
different model, an investigation
revealed that the nose wheel SSV can be
slow to deactivate under low
temperature conditions. A similar SSV
is installed on the airplanes to which
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this AD is applicable. In the event of an
un-commanded steering input, a slow
SSV deactivation could lead to a
delayed transition to free caster mode
and result in an aircraft runway
excursion.
The FAA is proposing this AD to
address the unsafe condition on these
products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1706.
Related Service Information Under 1
CFR Part 51
The FAA reviewed the following
Bombardier service information.
• Service Bulletin 700–32–044,
Revision 01, dated December 7, 2022.
• Service Bulletin 700–32–6021,
Revision 01, dated December 7, 2022.
• Service Bulletin 700–32–6507,
Revision 01, dated December 7, 2022.
• Service Bulletin 700–1A11–32–031,
Revision 01, dated December 7, 2022.
• Service Bulletin 700–32–5021,
Revision 01, dated December 7, 2022.
• Service Bulletin 700–32–5507,
Revision 01, dated December 7, 2022.
This service information specifies
procedures for replacing the affected
SSV with a re-designed SSV. These
documents are distinct since they apply
to different airplane configurations. This
service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 442
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Proposed Rules
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
4 work-hours × $85 per hour = $340 ..........................................................................
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$5,542
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
(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.
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.
List of Subjects in 14 CFR Part 39
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,
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Cost per
product
Parts cost
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
Authority: 49 U.S.C. 106(g), 40113, 44701.
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Bombardier, Inc.: Docket No. FAA–2023–
1706; Project Identifier MCAI–2023–
00039–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September
25, 2023.
(b) Affected ADs
None.
Frm 00011
Fmt 4702
700–32–044, Revision 01, dated December 7,
2022.
(2) Model BD–700–1A10 airplanes, as
identified in Bombardier Service Bulletin
700–32–6021, Revision 01, dated December
7, 2022.
(3) Model BD–700–1A10 airplanes, as
identified in Bombardier Service Bulletin
700–32–6507, Revision 01, dated December
7, 2022.
(4) Model BD–700–1A11 airplanes, as
identified in Bombardier Service Bulletin
700–1A11–32–031, Revision 01, dated
December 7, 2022.
(5) Model BD–700–1A11 airplanes, as
identified in Bombardier Service Bulletin
700–32–5021, Revision 01, dated December
7, 2022.
(6) Model BD–700–1A11 airplanes, as
identified in Bombardier Service Bulletin
700–32–5507, Revision 01, dated December
7, 2022.
Air Transport Association (ATA) of
America Code 32, Landing gear.
(e) Unsafe Condition
This AD was prompted by reports that the
nose wheel steering selector valve (SSV) can
be slow to deactivate under low temperature
conditions. The FAA is issuing this AD to
address a possible delayed transition to free
caster mode in the event of an uncommanded steering input. The unsafe
condition, if not addressed, could result in an
aircraft runway excursion.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Action
(c) Applicability
This AD applies to the Bombardier, Inc.,
airplanes, certificated in any category,
identified in paragraphs (c)(1) through (6) of
this AD.
(1) Model BD–700–1A10 airplanes, as
identified in Bombardier Service Bulletin
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Up to $2,599,844.
(d) Subject
1. The authority citation for part 39
continues to read as follows:
■
§ 39.13
$5,882
Cost on U.S. operators
Sfmt 4702
Within 66 months or 3,200 flight hours,
whichever occurs first after the effective date
of this AD: Replace SSV part number (P/N)
23600–101 with SSV P/N 23600–103 in
accordance with the Accomplishment
Instructions of the applicable Bombardier
service bulletin listed in figure 1 to paragraph
(g) of this AD.
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09AUP1
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using the applicable
Bombardier service bulletin listed in figure 2
to paragraph (h) of this AD.
(i) Additional AD Provisions
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(ii) Bombardier Service Bulletin 700–32–
6021, Revision 01, dated December 7, 2022.
(iii) Bombardier Service Bulletin 700–32–
6507, Revision 01, dated December 7, 2022.
(iv) Bombardier Service Bulletin 700–
1A11–32–031, Revision 01, dated December
7, 2022.
(v) Bombardier Service Bulletin 700–32–
5021, Revision 01, dated December 7, 2022.
(vi) Bombardier Service Bulletin 700–32–
5507, Revision 01, dated December 7, 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,
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (j)(2) of this AD or
email to: 9-AVS-AIR-730-AMOC@faa.gov. If
mailing information, also submit information
by email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or Transport Canada or
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(j) Additional Information
(1) Refer to Transport Canada AD CF–
2023–02, dated January 11, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1706.
(2) For more information about this AD,
contact Chirayu Gupta, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 700–32–
044, Revision 01, dated December 7, 2022.
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email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–16874 Filed 8–8–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 161, 164, 184, and 186
[Docket No. FDA–2019–N–4750]
RIN 0910–AI15
Revocation of Uses of Partially
Hydrogenated Oils in Foods;
Companion Document to Direct Final
Rule
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
The Food and Drug
Administration (FDA or we) is
proposing to amend our regulations that
provide for the use of partially
hydrogenated oils (PHOs) in food in
light of our determination that PHOs are
no longer generally recognized as safe
(GRAS). We are proposing to remove
PHOs as an optional ingredient in the
standards of identity for peanut butter
and canned tuna. We are also proposing
to revise FDA’s regulations affirming
food substances as GRAS pertaining to
menhaden oil and rapeseed oil to no
longer include partially hydrogenated
forms of these oils, and delete the
regulation affirming hydrogenated fish
oil as GRAS as an indirect food
substance. We are also proposing to
revoke prior sanctions (i.e., pre-1958
authorization of certain uses) for the use
of PHOs in margarine, shortening, and
bread, rolls, and buns based on our
conclusion that these uses of PHOs may
be injurious to health.
DATES: Either electronic or written
comments on the proposed rule or its
companion direct final rule must be
submitted by October 23, 2023. If FDA
receives any timely significant adverse
comments on the direct final rule with
which this proposed rule is associated,
we will publish a document
withdrawing the direct final rule within
30 days after the comment period ends
and we will then proceed to respond to
comments under this proposed rule
using the usual notice and comment
procedures.
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SUMMARY:
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You may submit comments
as follows. Please note that late,
untimely filed comments will not be
considered. The https://
www.regulations.gov electronic filing
system will accept comments until
11:59 p.m. Eastern Time at the end of
October 23, 2023. Comments received
by mail/hand delivery/courier (for
written/paper submissions) will be
considered timely if they are received
on or before that date.
ADDRESSES:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand Delivery/Courier (for
written/paper submissions): Dockets
Management Staff (HFA–305), Food and
Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Dockets Management
Staff, FDA will post your comment, as
well as any attachments, except for
information submitted, marked, and
identified, as confidential, if submitted
as detailed in ‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2019–N–4750 for ‘‘Revocation of Uses of
Partially Hydrogenated Oils in Foods.’’
Received comments, those filed in a
timely manner (see ADDRESSES), will be
placed in the docket and, except for
those submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
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https://www.regulations.gov or at the
Dockets Management Staff between 9
a.m. and 4 p.m., Monday through
Friday, 240–402–7500.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION.’’ We
will review this copy, including the
claimed confidential information, in our
consideration of comments. The second
copy, which will have the claimed
confidential information redacted/
blacked out, will be available for public
viewing and posted on https://
www.regulations.gov. Submit both
copies to the Dockets Management Staff.
If you do not wish your name and
contact information to be made publicly
available, you can provide this
information on the cover sheet and not
in the body of your comments and you
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://
www.govinfo.gov/content/pkg/FR-201509-18/pdf/2015-23389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852, 240–402–7500.
FOR FURTHER INFORMATION CONTACT:
Ellen Anderson, Center for Food Safety
and Applied Nutrition, Office of Food
Additive Safety (HFS–255), Food and
Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1309;
or Carrol Bascus, Center for Food Safety
and Applied Nutrition, Office of
Regulations and Policy (HFS–024), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740, 240–402–
2378.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
A. Purpose of the Proposed Rule
E:\FR\FM\09AUP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Proposed Rules]
[Pages 53823-53827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16874]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1706; Project Identifier MCAI-2023-00039-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11
airplanes. This proposed AD was prompted by reports that the nose wheel
steering selector valve (SSV) can be slow to
[[Page 53824]]
deactivate under low temperature conditions. This proposed AD would
require replacing the affected SSV with a re-designed SSV that has an
improved response time. 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 September
25, 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-2023-1706; 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 Bombardier, Inc., 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, Aviation Safety
Engineer, FAA, 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-2023-1706; Project Identifier
MCAI-2023-00039-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Chirayu Gupta, Aviation Safety Engineer, FAA, 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 Transport Canada AD CF-2023-02, dated January 11, 2023 (TC AD
CF-2023-02) (also referred to after this as the MCAI), to correct an
unsafe condition on certain Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes. The MCAI states that following a runway excursion
on a different model, an investigation revealed that the nose wheel SSV
can be slow to deactivate under low temperature conditions. A similar
SSV is installed on the airplanes to which this AD is applicable. In
the event of an un-commanded steering input, a slow SSV deactivation
could lead to a delayed transition to free caster mode and result in an
aircraft runway excursion.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1706.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following Bombardier service information.
Service Bulletin 700-32-044, Revision 01, dated December
7, 2022.
Service Bulletin 700-32-6021, Revision 01, dated December
7, 2022.
Service Bulletin 700-32-6507, Revision 01, dated December
7, 2022.
Service Bulletin 700-1A11-32-031, Revision 01, dated
December 7, 2022.
Service Bulletin 700-32-5021, Revision 01, dated December
7, 2022.
Service Bulletin 700-32-5507, Revision 01, dated December
7, 2022.
This service information specifies procedures for replacing the
affected SSV with a re-designed SSV. These documents are distinct since
they apply to different airplane configurations. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 442 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 53825]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per
Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340.... $5,542 $5,882 Up to $2,599,844.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Bombardier, Inc.: Docket No. FAA-2023-1706; Project Identifier MCAI-
2023-00039-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 25, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the Bombardier, Inc., airplanes, certificated
in any category, identified in paragraphs (c)(1) through (6) of this
AD.
(1) Model BD-700-1A10 airplanes, as identified in Bombardier
Service Bulletin 700-32-044, Revision 01, dated December 7, 2022.
(2) Model BD-700-1A10 airplanes, as identified in Bombardier
Service Bulletin 700-32-6021, Revision 01, dated December 7, 2022.
(3) Model BD-700-1A10 airplanes, as identified in Bombardier
Service Bulletin 700-32-6507, Revision 01, dated December 7, 2022.
(4) Model BD-700-1A11 airplanes, as identified in Bombardier
Service Bulletin 700-1A11-32-031, Revision 01, dated December 7,
2022.
(5) Model BD-700-1A11 airplanes, as identified in Bombardier
Service Bulletin 700-32-5021, Revision 01, dated December 7, 2022.
(6) Model BD-700-1A11 airplanes, as identified in Bombardier
Service Bulletin 700-32-5507, Revision 01, dated December 7, 2022.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by reports that the nose wheel steering
selector valve (SSV) can be slow to deactivate under low temperature
conditions. The FAA is issuing this AD to address a possible delayed
transition to free caster mode in the event of an un-commanded
steering input. The unsafe condition, if not addressed, could result
in an aircraft runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Action
Within 66 months or 3,200 flight hours, whichever occurs first
after the effective date of this AD: Replace SSV part number (P/N)
23600-101 with SSV P/N 23600-103 in accordance with the
Accomplishment Instructions of the applicable Bombardier service
bulletin listed in figure 1 to paragraph (g) of this AD.
[[Page 53826]]
[GRAPHIC] [TIFF OMITTED] TP09AU23.028
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the applicable Bombardier service bulletin
listed in figure 2 to paragraph (h) of this AD.
[GRAPHIC] [TIFF OMITTED] TP09AU23.029
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (j)(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, 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2023-02, dated January 11,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1706.
(2) For more information about this AD, contact Chirayu Gupta,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 700-32-044, Revision 01, dated
December 7, 2022.
(ii) Bombardier Service Bulletin 700-32-6021, Revision 01, dated
December 7, 2022.
(iii) Bombardier Service Bulletin 700-32-6507, Revision 01,
dated December 7, 2022.
(iv) Bombardier Service Bulletin 700-1A11-32-031, Revision 01,
dated December 7, 2022.
(v) Bombardier Service Bulletin 700-32-5021, Revision 01, dated
December 7, 2022.
(vi) Bombardier Service Bulletin 700-32-5507, Revision 01, dated
December 7, 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,
[[Page 53827]]
email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16874 Filed 8-8-23; 8:45 am]
BILLING CODE 4910-13-P
