Airworthiness Directives; Bombardier, Inc., Airplanes, 73265-73268 [2023-23516]
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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Proposed Rules
the records of the insured credit union
or from records maintained, in good
faith and in the regular course of
business, by the attorney or the escrow
agent administering the account, or by
some person or entity that has
undertaken to maintain such records for
the attorney or escrow agent. The NCUA
will determine, in its sole discretion, the
sufficiency of these records for an
IOLTA or other similar escrow account.
*
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*
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Appendix to Part 745 [Removed]
■ 12. Remove Appendix to Part 745.
[FR Doc. 2023–23481 Filed 10–24–23; 8:45 am]
BILLING CODE 7535–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2001; Project
Identifier MCAI–2023–00666–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
supersede Airworthiness Directive (AD)
2021–20–13, which applies to certain
Bombardier, Inc., Model CL–600–2B16
(604 Variant) airplanes. AD 2021–20–13
requires repetitive lubrication and
repetitive detailed visual inspections
(DVI) and non-destructive test (NDT)
inspections of the main landing gear
(MLG) shock strut lower pins, and
replacement if necessary. Since the FAA
issued AD 2021–20–13, Bombardier,
Inc. developed a new design solution for
this potential failure. This proposed AD
would continue to require the
lubrication and inspections specified in
AD 2021–20–13 until the MLG shock
strut assembly is modified by replacing
the trailing arm bushing and installing
new dynamic joint components. 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 December 11,
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.
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SUMMARY:
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16:17 Oct 24, 2023
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• 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–2023–2001; 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, Inc.,
200 Coˆte-Vertu Road West, Dorval,
Que´bec H4S 2A3, Canada; North
America toll-free telephone 1–866–538–
1247 or direct-dial telephone 1–514–
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 Street, Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–2001; Project Identifier
MCAI–2023–00666–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
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73265
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 Gabriel Kim, 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
The FAA issued AD 2021–20–13,
Amendment 39–21751 (86 FR 57033,
October 14, 2021) (AD 2021–20–13), for
certain Bombardier, Inc., CL–600–2B16
(604 Variant) airplanes. AD 2021–20–13
was prompted by an MCAI originated by
Transport Canada, which is the aviation
authority for Canada. Transport Canada
issued AD CF–2020–54R1, dated
December 23, 2020 (Transport Canada
AD CF–2020–54R1), to correct an unsafe
condition identified as cracking of the
MLG shock strut lower pin part number
19146–3. Transport Canada AD CF–
2020–54R1 states that friction torque,
when the shock strut is under
compression loading, causes the pin
anti-rotation tangs to become loaded
beyond their load carrying capability.
According to Transport Canada, this
overload condition can result in pin
fracture originating at the base of the pin
anti-rotation tang and is aggravated by
inadequate lubrication.
AD 2021–20–13 requires repetitively
lubricating, repetitively inspecting (DVI
and NDT inspections for cracking and
damage, including fracture of the MLG
shock strut lower pin at the pin rotation
tang location), and replacing the MLG
shock strut lower pin if there is any
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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Proposed Rules
cracking or damage as a result of the
inspections. The FAA issued AD 2021–
20–13 to address cracking of the MLG
shock strut lower pin. If not addressed,
this condition could result in structural
failure of one or both MLG.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–2001.
Related Service Information Under 1
CFR Part 51
Actions Since AD 2021–20–13 Was
Issued
Since the FAA issued AD 2021–20–
13, Transport Canada superseded
Transport Canada AD CF–2020–54R1
and issued Transport Canada AD CF–
2023–32, dated May 9, 2023 (referred to
after this as ‘‘the MCAI’’). The MCAI
states there is a new design solution for
this potential failure of the shock strut
lower pin, which involves replacing the
training arm bushings at the attachment
and reassembly of the MLG shock strut
assembly to training arm assembly joint
with new dynamic joint components. As
a result, the MCAI requires this new
design as terminating action for the
requirements of Transport Canada AD
CF–2020–54R1.
Bombardier, Inc. also reduced the
range of one group of applicable aircraft
from serial numbers 6050 through 6999
to 6050 through 6188. Bombardier, Inc.
advises that subsequent aircraft are
scheduled to have the new design
completed in production. Therefore, the
FAA has revised the applicability of this
proposed AD accordingly.
The FAA reviewed Bombardier, Inc.,
service information:
• Service Bulletin 604–32–031, dated
December 29, 2022.
• Service Bulletin 605–32–008, dated
December 29, 2022.
• Service Bulletin 650–32–005, dated
December 29, 2022.
This service information contains
procedures for disassembling the leftand right-hand MLG shock strut and
trailing arm joint, replacing the trailing
arm bushings at the attachment, and reassembling the joint with new dynamic
joint components. These documents are
distinct since they apply to different
airplane configurations.
This proposed AD would also require
the following Bombardier, Inc., service
information, which the Director of the
Federal Register approved for
incorporation by reference as of
November 18, 2021 (86 FR 57033,
October 14, 2021):
• Service Bulletin 604–32–030, dated
June 30, 2020.
• Service Bulletin 605–32–007, dated
June 30, 2020.
• Service Bulletin 650–32–004, dated
June 30, 2020.
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 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 retain all of
the requirements of AD 2021–20–13
until the MLG shock strut assembly to
trailing arm assembly joint is modified
by accomplishing the actions specified
in the service information described
previously.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 433
airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Lubrication and inspections
(retained actions from AD
2021–20–13).
Modification and testing (new
proposed actions).
Labor cost
Parts cost
Cost per product
Cost on U.S. operators
7 work-hours × $85 per hour
= $595.
$0
$595 per cycle .......................
$257,635 per cycle.
9 work-hours × $85 per hour
= $765.
2,435
3,200 ......................................
1,385,600.
The FAA estimates the following
costs to do any necessary on-condition
replacement that would be required
based on the results of the repetitive
inspections. The FAA has no way of
determining the number of aircraft that
might need this on-condition action:
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ESTIMATED COSTS OF ON-CONDITION REPLACEMENT
Labor cost
Parts cost
Cost per
product
6 work-hours × $85 per hour = $510 ......................................................................................................................
$2,435
$2,945
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
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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
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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
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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Proposed Rules
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA has 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) Will not affect intrastate aviation
in Alaska, and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The 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:
a. Removing Airworthiness Directive
2021–20–13, Amendment 39–21751 (86
FR 57033, October 14, 2021); and
■ b. Adding the following new
Airworthiness Directive:
■
■
Bombardier, Inc.: Docket No. FAA–2023–
2001; Project Identifier MCAI–2023–
00666–T.
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(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by December 11,
2023.
(b) Affected ADs
This AD replaces AD 2021–20–13,
Amendment 39–21751 (86 FR 57033, October
14, 2021) (AD 2021–20–13).
(c) Applicability
This AD applies to Bombardier, Inc.,
Model CL–600–2B16 (604 Variant) airplanes,
serial numbers (S/N) 5301 through 5665
inclusive, 5701 through 5988 inclusive, and
6050 through 6188 inclusive, certificated in
any category.
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(d) Subject
Air Transport Association (ATA) of
America Code: 32, Landing gear.
(e) Reason
This AD was prompted by reports of
cracking of the main landing gear (MLG)
shock strut lower pin. The FAA is issuing
this AD to address cracking of the MLG shock
strut lower pin. The unsafe condition, if not
addressed, could result in structural failure
of one or both MLG.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Repetitive Lubrication, With
Revised Applicability
This paragraph restates the requirements of
paragraph (g) of AD 2021–20–13, with
revised applicability. Within 200 flight hours
(FH) or 12 months after November 18, 2021
(the effective date of AD 2021–20–13),
whichever occurs first, lubricate the left-hand
(LH) and right-hand (RH) MLG shock strut
lower pins having part number (P/N) 19146–
3, in accordance with paragraph 2.B., ‘‘Part
A,’’ of the Accomplishment Instructions of
the applicable service bulletin, as specified
in paragraphs (g)(1) through (3) of this AD.
Repeat thereafter at intervals not to exceed
200 FH or 12 months, whichever occurs first.
(1) For airplanes having S/N 5301 through
5665 inclusive: Bombardier Service Bulletin
604–32–030, dated June 30, 2020.
(2) For airplanes having S/N 5701 through
5988 inclusive: Bombardier Service Bulletin
605–32–007, dated June 30, 2020.
(3) For airplanes having S/N 6050 through
6188 inclusive: Bombardier Service Bulletin
650–32–004, dated June 30, 2020.
(h) Retained Detailed Visual Inspections
(DVI), With No Changes
This paragraph restates the requirements of
paragraph (h) of AD 2021–20–13, with no
changes. At the applicable compliance time
specified in paragraphs (h)(1) through (3) of
this AD, perform the DVI for cracking and
damage of the LH and RH MLG shock strut
lower pins having part number (P/N) 19146–
3, in accordance with paragraph 2.C., ‘‘Part
B,’’ of the Accomplishment Instructions of
the applicable service bulletin, as specified
in paragraphs (g)(1) through (3) of this AD.
Repeat thereafter at intervals not to exceed
400 FH or 24 months, whichever occurs first.
If the DVI coincides with a non-destructive
testing (NDT) inspection required by
paragraph (i) of this AD, the NDT inspection
supersedes the DVI for that interval only. If
the accumulated flight cycles (FC) of the
MLG shock strut lower pin are not known,
use the related MLG assembly accumulated
FC to determine when to accomplish the
actions required by this paragraph.
(1) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 18, 2021 (the effective date
of AD 2021–20–13) and on which an MLG
shock strut lower pin has accumulated fewer
than 600 total FC on the pin as of November
18, 2021: Before the accumulation of 750
total FC on the pin.
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73267
(2) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 18, 2021 (the effective date
of AD 2021–20–13) and on which an MLG
shock strut lower pin has accumulated 600
total FC or more on the pin as of November
18, 2021: Within 150 FC after November 18,
2021.
(3) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued after
November 18, 2021 (the effective date of AD
2021–20–13): Before the accumulation of 750
total FC.
(i) Retained NDT Inspection, With No
Changes
This paragraph restates the requirements of
paragraph (i) of AD 2021–20–13, with no
changes. At the applicable compliance time
specified in paragraphs (i)(1) through (4) of
this AD: Perform the NDT inspection for
cracking and damage of the LH and RH MLG
shock strut lower pins having P/N 19146–3,
in accordance with paragraph 2.D., ‘‘Part C,’’
of the Accomplishment Instructions of the
applicable service bulletin, as specified in
paragraphs (g)(1) through (3) of this AD.
Repeat thereafter at intervals not to exceed
900 FC. If the accumulated FC of the MLG
shock strut lower pin is not known, use the
related MLG assembly accumulated FC to
determine when to accomplish the actions
required by this paragraph.
(1) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 18, 2021 (the effective date
of AD 2021–20–13) and on which an MLG
shock strut lower pin has accumulated fewer
than 1,200 total FC on the pin as of
November 18, 2021: Before the accumulation
of 1,500 total FC on the pin.
(2) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 18, 2021 (the effective date
of AD 2021–20–13) and on which an MLG
shock strut lower pin has accumulated 1,200
total FC or more but fewer than 2,000 total
FC on the pin as of November 18, 2021:
Within 300 FC after November 18, 2021, or
before the accumulation of 2,200 total FC on
the pin, whichever occurs first.
(3) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before November 18, 2021 (the effective date
of AD 2021–20–13) and on which an MLG
shock strut lower pin that has accumulated
2,000 total FC or more on the pin as of
November 18, 2021: Within 200 FC after
November 18, 2021.
(4) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued after
November 18, 2021 (the effective date of AD
2021–20–13): Before the accumulation of
1,500 total FC.
(j) Retained Replacement, With No Changes
This paragraph restates the requirements of
paragraph (j) of AD 2021–20–13, with no
changes. If, during any inspection required
by this AD, any crack or damage of the MLG
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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Proposed Rules
shock strut lower pin is detected, before
further flight, replace the affected MLG shock
strut lower pin with a new part in accordance
with paragraph 2.E., ‘‘Part D,’’ of the
Accomplishment Instructions of the
applicable service bulletin, as specified in
paragraphs (g)(1) through (3) of this AD.
(k) New Requirement of This AD:
Modification
Within 60 months from the effective date
of this AD, modify the LH and RH MLG
assembly in accordance with paragraph 2.B.
of the Accomplishment Instructions of the
applicable service bulletin, as specified in
paragraphs (k)(1) through (3) of this AD.
(1) For airplanes having S/N 5301 through
5665 inclusive: Bombardier Service Bulletin
604–32–031, dated December 29, 2022.
(2) For airplanes having S/N 5701 through
5988 inclusive: Bombardier Service Bulletin
605–32–008, dated December 29, 2022.
(3) For airplanes having S/N 6050 through
6188 inclusive: Bombardier Service Bulletin
650–32–005, dated December 29, 2022.
(l) New Requirement of the AD: Testing
Before further flight after completing
paragraph (k) of this AD, perform the testing
of the MLG shock strut assembly to trailing
arm assembly joint in accordance with
paragraph 2.C. of the Accomplishment
Instructions of the applicable service
bulletin, as specified in paragraphs (k)(1)
through (3) of this AD.
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(m) Terminating Action
Modifying and testing an airplane as
required by paragraphs (k) and (l) of this AD
terminates the initial and repetitive
lubrication and inspections required by
paragraphs (g), (h), and (i) of this AD for that
airplane.
(n) Additional AD Provisions
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (o)(2) of this AD or email to: 9AVS-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
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–2001.
(2) For more information about this AD,
contact Gabriel Kim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(p) 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.
(3) The following service information was
approved for IBR on [DATE 35 DAYS AFTER
PUBLICATION OF THE FINAL RULE].
(i) Bombardier Service Bulletin 604–32–
031, dated December 29, 2022.
(ii) Bombardier Service Bulletin 605–32–
008, dated December 29, 2022.
(iii) Bombardier Service Bulletin 650–32–
005, dated December 29, 2022.
(4) The following service information was
approved for IBR on November 18, 2021 (86
FR 57033, October 14, 2021).
(i) Bombardier Service Bulletin 604–32–
030, dated June 30, 2020.
(ii) Bombardier Service Bulletin 605–32–
007, dated June 30, 2020.
(iii) Bombardier Service Bulletin 650–32–
004, dated June 30, 2020.
(5) For service information identified in
this AD, contact Bombardier, Inc., 200 CoˆteVertu Road West, Dorval, Que´bec H4S 2A3,
Canada; North America toll-free telephone 1–
866–538–1247 or direct-dial telephone 1–
514–855–2999; email ac.yul@
aero.bombardier.com; website
bombardier.com.
(6) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(7) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on October 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2023–23516 Filed 10–24–23; 8:45 am]
BILLING CODE 4910–13–P
(o) Additional Information
(1) Refer to Transport Canada AD CF–
2023–32, dated May 9, 2023, for related
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–2040; Airspace
Docket No. 22–AEA–21]
RIN 2120–AA66
Amendment of United States Area
Navigation (RNAV) Routes; Eastern
United States
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish three United States Area
Navigation (RNAV) T-routes in the
eastern United States. This action also
proposes to amend one United States
RNAV Q-route and amend five United
States RNAV T-routes in the eastern
United States. These actions support
Next Generation Air Transportation
System (NextGen) which provides a
modern RNAV route structure to
improve the efficiency of the National
Airspace System (NAS).
DATES: Comments must be received on
or before December 11, 2023.
ADDRESSES: Send comments identified
by FAA Docket No. FAA–2023–0240
and Airspace Docket No. 22–AEA–21
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11H, Airspace
Designations and Reporting Points, and
SUMMARY:
E:\FR\FM\25OCP1.SGM
25OCP1
Agencies
[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Proposed Rules]
[Pages 73265-73268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23516]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2001; Project Identifier MCAI-2023-00666-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 supersede Airworthiness Directive (AD)
2021-20-13, which applies to certain Bombardier, Inc., Model CL-600-
2B16 (604 Variant) airplanes. AD 2021-20-13 requires repetitive
lubrication and repetitive detailed visual inspections (DVI) and non-
destructive test (NDT) inspections of the main landing gear (MLG) shock
strut lower pins, and replacement if necessary. Since the FAA issued AD
2021-20-13, Bombardier, Inc. developed a new design solution for this
potential failure. This proposed AD would continue to require the
lubrication and inspections specified in AD 2021-20-13 until the MLG
shock strut assembly is modified by replacing the trailing arm bushing
and installing new dynamic joint components. 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 December
11, 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-2023-2001; 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, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or
direct-dial telephone 1-514-855-2999; email bombardier.com">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 Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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-2023-2001; Project Identifier
MCAI-2023-00666-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
Gabriel Kim, 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
The FAA issued AD 2021-20-13, Amendment 39-21751 (86 FR 57033,
October 14, 2021) (AD 2021-20-13), for certain Bombardier, Inc., CL-
600-2B16 (604 Variant) airplanes. AD 2021-20-13 was prompted by an MCAI
originated by Transport Canada, which is the aviation authority for
Canada. Transport Canada issued AD CF-2020-54R1, dated December 23,
2020 (Transport Canada AD CF-2020-54R1), to correct an unsafe condition
identified as cracking of the MLG shock strut lower pin part number
19146-3. Transport Canada AD CF-2020-54R1 states that friction torque,
when the shock strut is under compression loading, causes the pin anti-
rotation tangs to become loaded beyond their load carrying capability.
According to Transport Canada, this overload condition can result in
pin fracture originating at the base of the pin anti-rotation tang and
is aggravated by inadequate lubrication.
AD 2021-20-13 requires repetitively lubricating, repetitively
inspecting (DVI and NDT inspections for cracking and damage, including
fracture of the MLG shock strut lower pin at the pin rotation tang
location), and replacing the MLG shock strut lower pin if there is any
[[Page 73266]]
cracking or damage as a result of the inspections. The FAA issued AD
2021-20-13 to address cracking of the MLG shock strut lower pin. If not
addressed, this condition could result in structural failure of one or
both MLG.
Actions Since AD 2021-20-13 Was Issued
Since the FAA issued AD 2021-20-13, Transport Canada superseded
Transport Canada AD CF-2020-54R1 and issued Transport Canada AD CF-
2023-32, dated May 9, 2023 (referred to after this as ``the MCAI'').
The MCAI states there is a new design solution for this potential
failure of the shock strut lower pin, which involves replacing the
training arm bushings at the attachment and reassembly of the MLG shock
strut assembly to training arm assembly joint with new dynamic joint
components. As a result, the MCAI requires this new design as
terminating action for the requirements of Transport Canada AD CF-2020-
54R1.
Bombardier, Inc. also reduced the range of one group of applicable
aircraft from serial numbers 6050 through 6999 to 6050 through 6188.
Bombardier, Inc. advises that subsequent aircraft are scheduled to have
the new design completed in production. Therefore, the FAA has revised
the applicability of this proposed AD accordingly.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-2001.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier, Inc., service information:
Service Bulletin 604-32-031, dated December 29, 2022.
Service Bulletin 605-32-008, dated December 29, 2022.
Service Bulletin 650-32-005, dated December 29, 2022.
This service information contains procedures for disassembling the
left- and right-hand MLG shock strut and trailing arm joint, replacing
the trailing arm bushings at the attachment, and re-assembling the
joint with new dynamic joint components. These documents are distinct
since they apply to different airplane configurations.
This proposed AD would also require the following Bombardier, Inc.,
service information, which the Director of the Federal Register
approved for incorporation by reference as of November 18, 2021 (86 FR
57033, October 14, 2021):
Service Bulletin 604-32-030, dated June 30, 2020.
Service Bulletin 605-32-007, dated June 30, 2020.
Service Bulletin 650-32-004, dated June 30, 2020.
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 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 retain all of the requirements of AD 2021-
20-13 until the MLG shock strut assembly to trailing arm assembly joint
is modified by accomplishing the actions specified in the service
information described previously.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 433 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Lubrication and inspections 7 work-hours x $85 $0 $595 per cycle..... $257,635 per cycle.
(retained actions from AD 2021- per hour = $595.
20-13).
Modification and testing (new 9 work-hours x $85 2,435 3,200.............. 1,385,600.
proposed actions). per hour = $765.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition replacement that would be required based on the results of
the repetitive inspections. The FAA has no way of determining the
number of aircraft that might need this on-condition action:
Estimated Costs of On-Condition Replacement
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
6 work-hours x $85 per hour = $510.... $2,435 $2,945
------------------------------------------------------------------------
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 73267]]
develop on products identified in this rulemaking action.
Regulatory Findings
The FAA has 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) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The 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:
0
a. Removing Airworthiness Directive 2021-20-13, Amendment 39-21751 (86
FR 57033, October 14, 2021); and
0
b. Adding the following new Airworthiness Directive:
Bombardier, Inc.: Docket No. FAA-2023-2001; Project Identifier MCAI-
2023-00666-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 11, 2023.
(b) Affected ADs
This AD replaces AD 2021-20-13, Amendment 39-21751 (86 FR 57033,
October 14, 2021) (AD 2021-20-13).
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B16 (604
Variant) airplanes, serial numbers (S/N) 5301 through 5665
inclusive, 5701 through 5988 inclusive, and 6050 through 6188
inclusive, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 32, Landing
gear.
(e) Reason
This AD was prompted by reports of cracking of the main landing
gear (MLG) shock strut lower pin. The FAA is issuing this AD to
address cracking of the MLG shock strut lower pin. The unsafe
condition, if not addressed, could result in structural failure of
one or both MLG.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Repetitive Lubrication, With Revised Applicability
This paragraph restates the requirements of paragraph (g) of AD
2021-20-13, with revised applicability. Within 200 flight hours (FH)
or 12 months after November 18, 2021 (the effective date of AD 2021-
20-13), whichever occurs first, lubricate the left-hand (LH) and
right-hand (RH) MLG shock strut lower pins having part number (P/N)
19146-3, in accordance with paragraph 2.B., ``Part A,'' of the
Accomplishment Instructions of the applicable service bulletin, as
specified in paragraphs (g)(1) through (3) of this AD. Repeat
thereafter at intervals not to exceed 200 FH or 12 months, whichever
occurs first.
(1) For airplanes having S/N 5301 through 5665 inclusive:
Bombardier Service Bulletin 604-32-030, dated June 30, 2020.
(2) For airplanes having S/N 5701 through 5988 inclusive:
Bombardier Service Bulletin 605-32-007, dated June 30, 2020.
(3) For airplanes having S/N 6050 through 6188 inclusive:
Bombardier Service Bulletin 650-32-004, dated June 30, 2020.
(h) Retained Detailed Visual Inspections (DVI), With No Changes
This paragraph restates the requirements of paragraph (h) of AD
2021-20-13, with no changes. At the applicable compliance time
specified in paragraphs (h)(1) through (3) of this AD, perform the
DVI for cracking and damage of the LH and RH MLG shock strut lower
pins having part number (P/N) 19146-3, in accordance with paragraph
2.C., ``Part B,'' of the Accomplishment Instructions of the
applicable service bulletin, as specified in paragraphs (g)(1)
through (3) of this AD. Repeat thereafter at intervals not to exceed
400 FH or 24 months, whichever occurs first. If the DVI coincides
with a non-destructive testing (NDT) inspection required by
paragraph (i) of this AD, the NDT inspection supersedes the DVI for
that interval only. If the accumulated flight cycles (FC) of the MLG
shock strut lower pin are not known, use the related MLG assembly
accumulated FC to determine when to accomplish the actions required
by this paragraph.
(1) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated fewer than 600 total FC
on the pin as of November 18, 2021: Before the accumulation of 750
total FC on the pin.
(2) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated 600 total FC or more on
the pin as of November 18, 2021: Within 150 FC after November 18,
2021.
(3) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued after November
18, 2021 (the effective date of AD 2021-20-13): Before the
accumulation of 750 total FC.
(i) Retained NDT Inspection, With No Changes
This paragraph restates the requirements of paragraph (i) of AD
2021-20-13, with no changes. At the applicable compliance time
specified in paragraphs (i)(1) through (4) of this AD: Perform the
NDT inspection for cracking and damage of the LH and RH MLG shock
strut lower pins having P/N 19146-3, in accordance with paragraph
2.D., ``Part C,'' of the Accomplishment Instructions of the
applicable service bulletin, as specified in paragraphs (g)(1)
through (3) of this AD. Repeat thereafter at intervals not to exceed
900 FC. If the accumulated FC of the MLG shock strut lower pin is
not known, use the related MLG assembly accumulated FC to determine
when to accomplish the actions required by this paragraph.
(1) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated fewer than 1,200 total
FC on the pin as of November 18, 2021: Before the accumulation of
1,500 total FC on the pin.
(2) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin has accumulated 1,200 total FC or more
but fewer than 2,000 total FC on the pin as of November 18, 2021:
Within 300 FC after November 18, 2021, or before the accumulation of
2,200 total FC on the pin, whichever occurs first.
(3) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued on or before
November 18, 2021 (the effective date of AD 2021-20-13) and on which
an MLG shock strut lower pin that has accumulated 2,000 total FC or
more on the pin as of November 18, 2021: Within 200 FC after
November 18, 2021.
(4) For airplanes with an original airworthiness certificate or
original export certificate of airworthiness issued after November
18, 2021 (the effective date of AD 2021-20-13): Before the
accumulation of 1,500 total FC.
(j) Retained Replacement, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2021-20-13, with no changes. If, during any inspection required by
this AD, any crack or damage of the MLG
[[Page 73268]]
shock strut lower pin is detected, before further flight, replace
the affected MLG shock strut lower pin with a new part in accordance
with paragraph 2.E., ``Part D,'' of the Accomplishment Instructions
of the applicable service bulletin, as specified in paragraphs
(g)(1) through (3) of this AD.
(k) New Requirement of This AD: Modification
Within 60 months from the effective date of this AD, modify the
LH and RH MLG assembly in accordance with paragraph 2.B. of the
Accomplishment Instructions of the applicable service bulletin, as
specified in paragraphs (k)(1) through (3) of this AD.
(1) For airplanes having S/N 5301 through 5665 inclusive:
Bombardier Service Bulletin 604-32-031, dated December 29, 2022.
(2) For airplanes having S/N 5701 through 5988 inclusive:
Bombardier Service Bulletin 605-32-008, dated December 29, 2022.
(3) For airplanes having S/N 6050 through 6188 inclusive:
Bombardier Service Bulletin 650-32-005, dated December 29, 2022.
(l) New Requirement of the AD: Testing
Before further flight after completing paragraph (k) of this AD,
perform the testing of the MLG shock strut assembly to trailing arm
assembly joint in accordance with paragraph 2.C. of the
Accomplishment Instructions of the applicable service bulletin, as
specified in paragraphs (k)(1) through (3) of this AD.
(m) Terminating Action
Modifying and testing an airplane as required by paragraphs (k)
and (l) of this AD terminates the initial and repetitive lubrication
and inspections required by paragraphs (g), (h), and (i) of this AD
for that airplane.
(n) Additional AD Provisions
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (o)(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.
(o) Additional Information
(1) Refer to Transport Canada AD CF-2023-32, dated May 9, 2023,
for related information. This Transport Canada AD may be found in
the AD docket at regulations.gov under Docket No. FAA-2023-2001.
(2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(p) 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.
(3) The following service information was approved for IBR on
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
(i) Bombardier Service Bulletin 604-32-031, dated December 29,
2022.
(ii) Bombardier Service Bulletin 605-32-008, dated December 29,
2022.
(iii) Bombardier Service Bulletin 650-32-005, dated December 29,
2022.
(4) The following service information was approved for IBR on
November 18, 2021 (86 FR 57033, October 14, 2021).
(i) Bombardier Service Bulletin 604-32-030, dated June 30, 2020.
(ii) Bombardier Service Bulletin 605-32-007, dated June 30,
2020.
(iii) Bombardier Service Bulletin 650-32-004, dated June 30,
2020.
(5) For service information identified in this AD, contact
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email
bombardier.com">ac.yul@aero.bombardier.com; website bombardier.com.
(6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on October 19, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23516 Filed 10-24-23; 8:45 am]
BILLING CODE 4910-13-P