Airworthiness Directives; Bombardier Inc. Airplanes, 77538-77542 [2023-24566]

Download as PDF 77538 § 39.13 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ Airbus Helicopters Deutschland GmbH (AHD): Docket No. FAA–2023–2148; Project Identifier MCAI–2022–00706–R. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by December 28, 2023. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, MBB–BK 117 C–2, MBB–BK 117 D–2, and MBB–BK 117 D– 3 helicopters, certificated in any category. Note 1 to paragraph (c): Helicopters with an EC135P3H designation are Model EC135P3 helicopters, helicopters with an EC135T3H designation are Model EC135T3 helicopters, and helicopters with an MBB– BK117 C–2e designation are Model MBB– BK117 C–2 helicopters. (d) Subject Joint Aircraft Service Component (JASC) Code: 2500, Cabin Equipment/Furnishings. (e) Unsafe Condition This AD was prompted by the determination that Instrument Flight Rules (IFR) screens obstruct the pilot’s views. The FAA is issuing this AD to address the obstructed views caused by the IFR screens. The unsafe condition, if not addressed, could result in reduced situational awareness of the pilot and subsequent mid-air collision. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2022– 0097, dated June 1, 2022 (EASA AD 2022– 0097). khammond on DSKJM1Z7X2PROD with PROPOSALS (h) Exceptions to EASA AD 2022–0097 (1) Where EASA AD 2022–0097 refers to its effective date, this AD requires using the effective date of this AD. (2) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0097. (i) No Reporting Requirement 16:06 Nov 09, 2023 DEPARTMENT OF TRANSPORTATION (1) 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. Federal Aviation Administration (k) Related Information For more information about this AD, contact Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone (303) 342–1080; email william.mccully@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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) European Union Aviation Safety Agency (EASA) AD 2022–0097, dated June 1, 2022. (ii) [Reserved] (3) For EASA AD 2022–0097, contact Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find the EASA material on the EASA website ad.easa.europa.eu. (4) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) 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 30, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–24560 Filed 11–9–23; 8:45 am] Although the service information referenced in EASA AD 2022–0097 specifies to submit certain information to the manufacturer, this AD does not include that requirement. VerDate Sep<11>2014 (j) Alternative Methods of Compliance (AMOCs) Jkt 262001 BILLING CODE 4910–13–P PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 14 CFR Part 39 [Docket No. FAA–2023–2145; Project Identifier MCAI–2023–00358–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 all Bombardier Inc. Model BD–100–1A10 airplanes. This proposed AD was prompted by a report of a steering control unit (SCU) filter plate connector that does not meet the certification requirements for exposure of electronic components to high intensity radiated field environments, which could result in malfunction of the nose wheel steering (NWS) system. This proposed AD would require determining if the SCU is an affected SCU, replacing all affected SCUs, and rigging and testing the NWS control. This proposed AD would also prohibit installing an affected SCU on any airplane. 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 28, 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–2023–2145; 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. SUMMARY: E:\FR\FM\13NOP1.SGM 13NOP1 77539 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules Material Incorporated by Reference: • For service information identified in this NPRM, contact Bombardier Business Aircraft Customer Response Center, 400 Coˆte-Vertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@ aero.bombardier.com; website bombardier.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7301; 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. FAA–2023–2145; Project Identifier MCAI–2023–00358–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 William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7301; 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– 13, dated February 24, 2023 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition on all Bombardier Inc. Model BD–100–1A10 airplanes. The MCAI states that the manufacturer of SCU part number (P/N) 46000–01 introduced a new filter plate connector that does not meet the certification requirements related to the susceptibility of electronic components to high intensity radiated field. According to the MCAI, this noncompliant filter plate connector, if not replaced, could result in a malfunction of the NWS system and cause uncommanded steering or lateral excursion from the runway. The MCAI requires removing and replacing all affected non-compliant SCUs. 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–2023–2145. Related Service Information Under 1 CFR Part 51 The FAA reviewed Bombardier Service Bulletin 100–32–34, dated October 18, 2021, and Bombardier Service Bulletin 350–32–010, dated October 18, 2021. This service information specifies procedures for determining the serial number of SCU P/N 46000–01, replacing any affected SCU, and rigging and testing the NWS control. These documents are distinct since they apply to different airplane serial numbers. 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 an inspection or records review to determine if the SCU is an affected SCU, replacement of all affected SCUs, and rigging and testing of the NWS control. This proposed AD would also prohibit installing an affected SCU on any airplane. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 725 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: khammond on DSKJM1Z7X2PROD with PROPOSALS ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 9 work-hours × $85 per hour = $765 .......................................................................................... $44,950 $45,715 $33,143,375 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some of the costs of this proposed AD may be Authority for This Rulemaking VerDate Sep<11>2014 16:06 Nov 09, 2023 Jkt 262001 covered under warranty, thereby reducing the cost impact on affected operators. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, E:\FR\FM\13NOP1.SGM 13NOP1 77540 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 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 khammond on DSKJM1Z7X2PROD with PROPOSALS 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, VerDate Sep<11>2014 16:06 Nov 09, 2023 Jkt 262001 on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. (d) Subject List of Subjects in 14 CFR Part 39 (e) Unsafe Condition Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. This AD was prompted by a report of a steering control unit (SCU) filter plate connector that does not meet the certification requirements for exposure of electronic components to high intensity radiated field environments. The FAA is issuing this AD to prevent malfunction of the nose wheel steering (NWS) system. The unsafe condition, if not addressed, could result in uncommanded steering or lateral runway excursion. 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 (f) Compliance 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ Bombardier Inc.: Docket No. FAA–2023– 2145; Project Identifier MCAI–2023– 00358–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by December 28, 2023. (b) Affected ADs None. (c) Applicability This AD applies to all Bombardier Inc. Model BD–100–1A10 airplanes, certificated in any category. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Air Transport Association (ATA) of America Code 32, Landing gear. Comply with this AD within the compliance times specified, unless already done. (g) Inspection or Records Review Within 24 months after the effective date of this AD: Inspect the SCU to determine if SCU part number (P/N) 46000–01 with a serial number listed in Figure 1 to paragraph (g) of this AD is installed on the airplane. A review of the airplane maintenance records is acceptable in lieu of the inspection if the SCU P/N and serial number can be conclusively determined from that review. If an SCU P/N 46000–01 with a serial number listed in Figure 1 to paragraph (g) of this AD is not installed on the airplane, or if the SCU identification plate is marked with SB100– 32–030, then no further action is required by this AD; however, the installation prohibition in paragraph (i) of this AD still applies. BILLING CODE 4910–13–P Figure 1 to Paragraph (g)—Affected SCU Serial Numbers E:\FR\FM\13NOP1.SGM 13NOP1 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules 77541 06-188, 16042190, 16047519, 16047521, 16047522, 17053050, 17053052, 17054845, 17054846, 17054847, 17055273, 17055274, 18057933, 18057934, 18058184, 18058185, 18058599, 18058600, 18058601, 18058602, 18058884, 18058885, 18058886, 18059357, 18059358, 18059359, 18059360, 18059814, 18059815, 18059816, 18059817, 18060201, 18060202, 18060582, 18060789, 18060982, 18060983, 18061292, 18061572, 18061573, 18061770, 18061771, 18061880, 18061881, 18061995, 18061996, 18062731, 18062732, 18062733, 18062734, 18063183, 18063184, 18063520, 18063521, 18064776, 18064777, 18064778, 18064779, 18065323, 18065324, 18065325, 18065326, 18065327, 18065331, 18065332, 19068045, 19068046, 19068047, 19068048, 19068049, 19068050, 19068051, 19068052, 19068053, 19068054, 19068055, 19068056, 19068057, 19068058, 19068059, 19068060, 19068061, 19068062, 19068063, 19068064, 19068065, 19068066, 19068067, 19068068, 19068069, 19068070, 19068071, 19068072, 19068073, 19068074, 19072062, 19072063, 19072067, 19072068, 19072069, 19072070, 19072071, 19072072, 19072073, 19072074, 19072075, 19072076, 19072077, 19072078, 19075712, 19075713, 19075714, 19075715, 19075716, 19075718, 19075719,20077461,20077462,20077463, 20077464,20077465,20077466,20077467,20077470,20077472,20077473, 20077474,20077476,20077477,20077478,20077480. khammond on DSKJM1Z7X2PROD with PROPOSALS (h) Replacement For airplanes with SCU P/N46000–01 with a serial number listed in Figure 1 to paragraph (g) of this AD installed and not marked on the SCU identification plate with SB100–32–030: Within 24 months after the effective date of this AD, replace the SCU and rig and test the NWS control, in accordance with the instructions in paragraph (h)(1), (2), or (3) of this AD, as applicable. (1) For airplane serial numbers 20001 through 20500 inclusive: Steps 2.C.(1) and 2.C.(3) of Section 2.C., ‘‘Part B— VerDate Sep<11>2014 16:06 Nov 09, 2023 Jkt 262001 Modification,’’ and Section 2.D., ‘‘Testing,’’ of the Accomplishment Instructions in Bombardier Service Bulletin 100–32–34, dated October 18, 2021. (2) For airplane serial numbers 20501 through 20893 inclusive: Steps 2.C.(1) and 2.C.(3) of Section 2.C., ‘‘Part B— Modification,’’ and Section 2.D., ‘‘Testing,’’ of the Accomplishment Instructions in Bombardier Service Bulletin 350–32–010, dated October 18, 2021. (3) For airplane serial numbers 20894 and larger: A method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Bombardier Inc.’s PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAOauthorized signature. (i) Parts Installation Prohibition As of the effective date of this AD, do not install SCU P/N 46000–01 on any airplane if the serial number of the SCU is listed in figure 1 to paragraph (g) of this AD, unless the SCU identification plate has been marked with SB100–32–030. E:\FR\FM\13NOP1.SGM 13NOP1 EP13NO23.097</GPH> BILLING CODE 4910–13–C 77542 Federal Register / Vol. 88, No. 217 / Monday, November 13, 2023 / Proposed Rules (j) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (k)(2) of this AD. Information may be emailed to: 9-avs-nyaco-cos@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada or Bombardier, Inc.’s Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (k) Additional Information (1) Refer to Transport Canada AD CF– 2023–13, dated February 24, 2023, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–2145. (2) For more information about this AD, contact William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7301; email 9-avs-nyaco-cos@faa.gov. khammond on DSKJM1Z7X2PROD with PROPOSALS (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Bombardier Service Bulletin 100–32–34, dated October 18, 2021. (ii) Bombardier Service Bulletin 350–32– 010, dated October 18, 2021. (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 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-locationsoremailfr.inspection@nara.gov. VerDate Sep<11>2014 16:06 Nov 09, 2023 Jkt 262001 Issued on October 31, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–24566 Filed 11–9–23; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R04–OAR–2023–0048; FRL–10936– 01–R4] Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Alabama; Control of Emissions From Existing Municipal Solid Waste Landfills Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) section 111(d) plan submitted by the Alabama Department of Environmental Management (ADEM) on October 18, 2021. This state plan was submitted to fulfill the requirements of the CAA and is responsive to EPA’s promulgation of Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills. The Alabama state plan establishes emission limits for existing MSW landfills and provides for the implementation and enforcement of those standards and requirements. DATES: Written comments must be received on or before December 13, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2023–0048 at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Tracy Watson, Communities and Air Toxics Section, Air Analysis and Support Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth St. SW, Atlanta, Georgia 30303. The telephone number is (404) 562–8998. Mr. Watson can also be reached via electronic mail at watson.marion@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On August 29, 2016, EPA finalized revised Standards of Performance for new MSW landfills and Emission Guidelines and Compliance Times for existing MSW landfills in 40 CFR part 60, subpart XXX and Cf, respectively (81 FR 59332 and 81 FR 59276). These actions were taken in accordance with section 111 of the CAA. Section 111(d) of the CAA requires EPA to establish a procedure for a state to submit a plan to EPA which establishes standards of performance for any existing source of any air pollutant: (1) For which air quality criteria have not been issued or which is not included on a list published under CAA section 108 or emitted from a source category which is regulated under CAA section 112, but (2) to which a standard of performance under CAA section 111 would apply if such existing source were a new source. EPA established these requirements for state plan submittals in 40 CFR part 60, subpart B. State submittals under CAA sections 111(d) must be consistent with the relevant emission guidelines, in this instance 40 CFR part 60, subpart Cf, and the requirements of 40 CFR part 60, subpart B and 40 CFR part 62, subpart A. If the state plan is complete and approvable with reference to these requirements, EPA notifies the public, promulgates the plan pursuant to 40 CFR part 62, and delegates implementation and enforcement of the standards and requirements of the emission guidelines to the state under the terms of the state plan as published in the CFR. On October 18, 2021, the ADEM submitted to EPA a formal section 111(d) plan for existing MSW landfills. The section 111(d) plan was submitted in response to the August 29, 2016, promulgation, and the March 26, 2020, subsequent amendments, of the emission guidelines requirements for E:\FR\FM\13NOP1.SGM 13NOP1

Agencies

[Federal Register Volume 88, Number 217 (Monday, November 13, 2023)]
[Proposed Rules]
[Pages 77538-77542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24566]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2145; Project Identifier MCAI-2023-00358-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Bombardier Inc. Model BD-100-1A10 airplanes. This proposed AD 
was prompted by a report of a steering control unit (SCU) filter plate 
connector that does not meet the certification requirements for 
exposure of electronic components to high intensity radiated field 
environments, which could result in malfunction of the nose wheel 
steering (NWS) system. This proposed AD would require determining if 
the SCU is an affected SCU, replacing all affected SCUs, and rigging 
and testing the NWS control. This proposed AD would also prohibit 
installing an affected SCU on any airplane. 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 
28, 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-2023-2145; 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.

[[Page 77539]]

    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">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: William Reisenauer, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7301; 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-2023-2145; Project Identifier 
MCAI-2023-00358-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 
William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7301; 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-2023-13, dated February 24, 2023 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition on all Bombardier Inc. Model BD-100-1A10 airplanes. The MCAI 
states that the manufacturer of SCU part number (P/N) 46000-01 
introduced a new filter plate connector that does not meet the 
certification requirements related to the susceptibility of electronic 
components to high intensity radiated field. According to the MCAI, 
this non-compliant filter plate connector, if not replaced, could 
result in a malfunction of the NWS system and cause un-commanded 
steering or lateral excursion from the runway. The MCAI requires 
removing and replacing all affected non-compliant SCUs. 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-2023-2145.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 100-32-34, dated 
October 18, 2021, and Bombardier Service Bulletin 350-32-010, dated 
October 18, 2021. This service information specifies procedures for 
determining the serial number of SCU P/N 46000-01, replacing any 
affected SCU, and rigging and testing the NWS control. These documents 
are distinct since they apply to different airplane serial numbers. 
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 an inspection or records review to 
determine if the SCU is an affected SCU, replacement of all affected 
SCUs, and rigging and testing of the NWS control. This proposed AD 
would also prohibit installing an affected SCU on any airplane.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 725 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765...........................         $44,950          $45,715      $33,143,375
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some 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,

[[Page 77540]]

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-2023-2145; Project Identifier MCAI-
2023-00358-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by a report of a steering control unit 
(SCU) filter plate connector that does not meet the certification 
requirements for exposure of electronic components to high intensity 
radiated field environments. The FAA is issuing this AD to prevent 
malfunction of the nose wheel steering (NWS) system. The unsafe 
condition, if not addressed, could result in un-commanded steering 
or lateral runway excursion.

(f) Compliance

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

(g) Inspection or Records Review

    Within 24 months after the effective date of this AD: Inspect 
the SCU to determine if SCU part number (P/N) 46000-01 with a serial 
number listed in Figure 1 to paragraph (g) of this AD is installed 
on the airplane. A review of the airplane maintenance records is 
acceptable in lieu of the inspection if the SCU P/N and serial 
number can be conclusively determined from that review. If an SCU P/
N 46000-01 with a serial number listed in Figure 1 to paragraph (g) 
of this AD is not installed on the airplane, or if the SCU 
identification plate is marked with SB100-32-030, then no further 
action is required by this AD; however, the installation prohibition 
in paragraph (i) of this AD still applies.
BILLING CODE 4910-13-P

Figure 1 to Paragraph (g)--Affected SCU Serial Numbers

[[Page 77541]]

[GRAPHIC] [TIFF OMITTED] TP13NO23.097

BILLING CODE 4910-13-C

(h) Replacement

    For airplanes with SCU P/N46000-01 with a serial number listed 
in Figure 1 to paragraph (g) of this AD installed and not marked on 
the SCU identification plate with SB100-32-030: Within 24 months 
after the effective date of this AD, replace the SCU and rig and 
test the NWS control, in accordance with the instructions in 
paragraph (h)(1), (2), or (3) of this AD, as applicable.
    (1) For airplane serial numbers 20001 through 20500 inclusive: 
Steps 2.C.(1) and 2.C.(3) of Section 2.C., ``Part B--Modification,'' 
and Section 2.D., ``Testing,'' of the Accomplishment Instructions in 
Bombardier Service Bulletin 100-32-34, dated October 18, 2021.
    (2) For airplane serial numbers 20501 through 20893 inclusive: 
Steps 2.C.(1) and 2.C.(3) of Section 2.C., ``Part B--Modification,'' 
and Section 2.D., ``Testing,'' of the Accomplishment Instructions in 
Bombardier Service Bulletin 350-32-010, dated October 18, 2021.
    (3) For airplane serial numbers 20894 and larger: 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.

(i) Parts Installation Prohibition

    As of the effective date of this AD, do not install SCU P/N 
46000-01 on any airplane if the serial number of the SCU is listed 
in figure 1 to paragraph (g) of this AD, unless the SCU 
identification plate has been marked with SB100-32-030.

[[Page 77542]]

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. 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.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2023-13, dated February 24, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-2145.
    (2) For more information about this AD, contact William 
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7301; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 100-32-34, dated October 18, 
2021.
    (ii) Bombardier Service Bulletin 350-32-010, dated October 18, 
2021.
    (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">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 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on October 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-24566 Filed 11-9-23; 8:45 am]
BILLING CODE 4910-13-P
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