Airworthiness Directives; Bombardier, Inc., Airplanes, 83822-83825 [2023-26382]

Download as PDF 83822 § 39.13 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–21–10 ATR—GIE Avions de Transport Re´gional: Amendment 39– 22582; Docket No. FAA–2023–1713; Project Identifier MCAI–2023–00781–T. (a) Effective Date This airworthiness directive (AD) is effective January 5, 2024. (b) Affected ADs None. (c) Applicability This AD applies to ATR—GIE Avions de Transport Re´gional Model ATR42–500 and ATR72–212A airplanes, certificated in any category, as identified in ATR Service Bulletin ATR42–55–0020, dated March 2, 2023; or ATR Service Bulletin ATR72–55– 1013, dated March 2, 2023; as applicable. (d) Subject Air Transport Association (ATA) of America Code: 55, Stabilizers. (e) Unsafe Condition This AD was prompted by reports of loose fasteners and cracks in the horizontal stabilizer (HS) left- and right-hand leading edge lateral ribs, the box in between, the center box upper panel, and HS forward back-up fitting. The FAA is issuing this AD to address loose, missing, or incorrectly installed fasteners, composite delamination, and cracks in the HS. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. lotter on DSK11XQN23PROD with RULES1 (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 2023– 0125, dated June 22, 2023 (EASA AD 2023– 0125). (h) Exceptions to EASA AD 2023–0125 (1) Where paragraph (1) of EASA AD 2023– 0125 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraph (2) of EASA AD 2023– 0125 specifies to ‘‘contact ATR for approved repair instructions and, within the compliance time specified therein, accomplish those instructions accordingly’’ if any discrepancy is detected, for this AD if any crack is detected, the crack must be repaired before further flight using a method approved by the Manager, International Validation Branch, FAA; or EASA; or ATR— GIE Avions de Transport Re´gional’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2023–0125. VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 (i) No Reporting Requirement Although the service information referenced in EASA AD 2023–0125 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or ATR—GIE Avions de Transport Re´gional’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (k) Additional Information For more information about this AD, contact Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3220; email shahram.daneshmandi@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) AD 2023–0125, dated June 22, 2023. (ii) ATR Service Bulletin ATR42–55–0020, dated March 2, 2023. (iii) ATR Service Bulletin ATR72–55–1013, dated March 2, 2023. (3) For EASA AD 2023–0125, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website ad.easa.europa.eu. (4) For ATR service information identified in this AD, contact ATR—GIE Avions de Transport Re´gional, 1 Alle´e Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email continued.airworthiness@atr aircraft.com; website atr-aircraft.com. (5) You may view this material at the FAA, Airworthiness Products Section, Operational PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (6) 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 20, 2023. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–26381 Filed 11–30–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1710; Project Identifier MCAI–2023–00243–T; Amendment 39–22600; AD 2023–22–16] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL–600–2B16 (604 Variant) airplanes. This AD was prompted by reports from the supplier that sensing elements of the bleed air leak detection system were manufactured with insufficient salt fill, which can result in an inability to detect hot bleed air leaks. This AD requires testing of all affected overheat detection sensing elements of the bleed air leak detection system, and replacement if necessary. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 5, 2024. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 5, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1710; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and SUMMARY: E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comment received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. supplier of the overheat detection sensing elements of a manufacturing quality escape. Some of the sensing elements of the bleed air leak detection system were manufactured with insufficient salt fill, which can result in an inability to detect hot bleed air leaks and cause damage to surrounding structures and systems that can prevent continued safe flight and landing. In the NPRM, the FAA proposed to require testing of all affected overheat detection sensing elements of the bleed air leak detection system, and replacement if necessary. In the NPRM, the FAA also proposed to prohibit the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1710. other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For Bombardier service information identified in this final rule, contact Bombardier Business Aircraft Customer Response Center, 400 Coˆte-Vertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@ aero.bombardier.com; website bombardier.com. • For Kidde Aerospace & Defense service information identified in this final rule, contact Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; telephone: 319–295–5000; website: kiddetechnologies.com/aviation.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. It is also available at regulations.gov under Docket No. FAA– 2023–1710. 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: Related Service Information Under 1 CFR Part 51 Discussion of Final Airworthiness Directive Comments The FAA received a comment from Bombardier. The following presents the comment received on the NPRM and the FAA’s response to the comment. Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model CL–600–2B16 (604 Variant) airplanes. The NPRM published in the Federal Register on August 14, 2023 (88 FR 54946). The NPRM was prompted by AD CF–2023–05, dated February 8, 2023, issued by Transport Canada, which is the aviation authority for Canada (referred to after this as the MCAI). The MCAI states that Bombardier received reports from the 83823 The FAA reviewed Bombardier Service Bulletin 604–36–005, Bombardier Service Bulletin 605–36– 002, and Bombardier Service Bulletin 650–36–001, all dated December 23, 2022. This service information specifies procedures for testing affected bleed air leak detection system sensing elements (i.e., those marked with a date code before ‘‘A2105’’ (which corresponds to January 31, 2021) with a part number defined in this service information) to determine if they are serviceable and replacing failed sensing elements with serviceable ones. These documents are distinct since they apply to different airplane serial numbers. The FAA reviewed Kidde Aerospace & Defense Service Bulletin CFD–26–1, Revision 6, dated February 28, 2022. This service information specifies affected continuous fire detector part numbers and testing procedures. 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. Request for Removal of Certain Variants Bombardier requested that the FAA remove reference to the 601–3A and 601–3R Variants from the proposed AD. Bombardier stated that Model CL–600– 2B16 601–3A and 601–3R Variants are not affected by the identified unsafe condition; only Model CL–600–2B16 604 Variant airplanes are affected. The FAA agrees and notes that the 604 Variant airplanes are those having serial numbers 5301 and subsequent, therefore, the 601–3A and 601–3R Variants are not applicable to this AD. The FAA revised the Summary, Background, and paragraph (c) of this AD accordingly. Costs of Compliance Conclusion This product has been approved by the aviation authority of another country and is approved for operation in The FAA estimates that this AD affects 694 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost lotter on DSK11XQN23PROD with RULES1 Up to 37 work-hours × $85 per hour = Up to $3,145 ............................................. The estimates the following costs to do any necessary on-condition actions that would be required based on the VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 Cost per product $0 results of any required actions. The FAA has no way of determining the number PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Up to $3,145 .......... Cost on U.S. operators Up to $2,182,630. of aircraft that might need these oncondition actions. E:\FR\FM\01DER1.SGM 01DER1 83824 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 37 work-hours × $85 per hour = $3,145 ................................................................................................................. $4,000 * $7,145 * The FAA has received no definitive data on which to base the cost estimates for the parts specified in this AD. This is the estimated cost for replacement of 2 percent of the failed sensing elements. If all sensing elements failed, the estimated parts cost would be $40,000 for each airplane. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: Authority for This Rulemaking PART 39—AIRWORTHINESS DIRECTIVES Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. lotter on DSK11XQN23PROD with RULES1 Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–22–16 Bombardier, Inc.: Amendment 39–22600; Docket No. FAA–2023–1710; Project Identifier MCAI–2023–00243–T. (a) Effective Date This airworthiness directive (AD) is effective January 5, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., Model CL–600–2B16 (604 Variant) airplanes, certificated in any category, serial numbers 5580 through 5665 inclusive, 5701 through 5988 inclusive, and 6050 and subsequent. (d) Subject Air Transport Association (ATA) of America Code: 36, Pneumatic. (e) Unsafe Condition This AD was prompted by reports that sensing elements of the bleed air leak detection system were manufactured with insufficient salt fill. The FAA is issuing this AD to address insufficient salt fill, which can result in an inability to detect hot bleed air leaks, which can cause damage to surrounding structures and systems that can prevent continued safe flight and landing. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Definitions For the purposes of this AD, the definitions specified in paragraphs (g)(1) and (2) of this AD apply. (1) Affected part: A sensing element marked with a date code before A2105 and having a part number listed in Kidde Aerospace and Defense Service Bulletin PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 CFD–26–1, Revision 6, dated February 28, 2022; unless the sensing element meets the conditions specified in paragraphs (g)(1)(i) and (ii) of this AD, or has passed the test specified in paragraph (h) of this AD. (i) Has been tested in accordance with the Accomplishment Instructions of Kidde Aerospace and Defense Service Bulletin CFD–26–1, Revision 6, dated February 28, 2022, and passed the test; and (ii) Has been marked on one face of its connector hex nut in accordance with paragraph 3.C., Identification Procedure, of Kidde Aerospace and Defense Service Bulletin CFD–26–1, Revision 6, dated February 28, 2022. (2) Serviceable part: A sensing element that is not an affected part. (h) Testing For airplane serial numbers 5580 through 5665 inclusive, 5701 through 5988 inclusive, and 6050 through 6174 inclusive: Within 7,800 flight cycles or 96 months, whichever occurs first, from the effective date of this AD, test the bleed air leak detection system sensing elements to determine if they are serviceable, in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD. If the sensing element is found serviceable, before further flight, mark the sensing element with a green mark in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD. If the sensing element is found not serviceable, before further flight, replace the sensing element with a serviceable part in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (h)(1) through (3) of this AD. (1) For Model CL–600–2B16 airplanes, serial numbers 5580 through 5665 inclusive (Challenger 604): Use Bombardier Service Bulletin 604–36–005, dated December 23, 2022. (2) For Model CL–600–2B16 airplanes, serial numbers 5701 through 5988 inclusive (Challenger 605): Use Bombardier Service Bulletin 605–36–002, dated December 23, 2022. (3) For Model CL–600–2B16 airplanes, serial numbers 6050 through 6174 inclusive (Challenger 650): Use Bombardier Service Bulletin 650–36–001, dated December 23, 2022. (i) Parts Installation Prohibition As of the effective date of this AD, no person may install an affected part on any airplane. E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations (j) No Reporting Requirement Although the service information referenced in paragraph (g)(1) of this AD and paragraphs (h)(1) through (3) of this AD specifies to submit certain information to the manufacturer, this AD does not include that requirement. (k) 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, International Validation Branch, mail it to the address identified in paragraph (l)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or 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. (3) Required for Compliance (RC): Except as required by paragraph (k)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. lotter on DSK11XQN23PROD with RULES1 (l) Additional Information (1) Refer to Transport Canada AD CF– 2023–05, dated February 8, 2023, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–1710. (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. (m) 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. VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 (i) Bombardier Service Bulletin 604–36– 005, dated December 23, 2022. (ii) Bombardier Service Bulletin 605–36– 002, dated December 23, 2022. (iii) Bombardier Service Bulletin 650–36– 001, dated December 23, 2022. (iv) Kidde Aerospace and Defense Service Bulletin CFD–26–1, Revision 6, dated February 28, 2022. Note 1 to paragraph (m)(2)(iv): The revision level of this service bulletin is only identified on the transmittal sheet. (3) For Bombardier service information identified in this AD, 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. (4) For Kidde Aerospace & Defense service information identified in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896; telephone: 319–295–5000; website: kiddetechnologies.com/aviation.com. (5) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on November 2, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–26382 Filed 11–30–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [USCG–2023–0933] RIN 1625–AA00 Safety Zone, Upper Mississippi River MM 660.5–659.5, Lansing, IA Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone for all navigable waters in the Upper Mississippi River at Mile Marker (MM) 660.5 through 659.5. The safety zone is needed to protect personnel, vessels, and the marine environment from all potential hazards associated with the SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 83825 implosion of the Lansing Power Station. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative. DATES: This rule is effective without actual notice from December 1, 2023 through December 8, 2023. For the purposes of enforcement, actual notice will be used from November 28, 2023, until December 1, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0933 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MSTC Nathaniel Dibley, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314–269–2560, email Nathaniel.D.Dibley@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because a temporary safety zone must be established immediately to protect personnel, vessels, and the marine environment from potential hazards created by the use of explosives for the implosion of the power plant and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. It is impracticable to publish an NPRM because we must establish this safety zone by November 28, 2023. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83822-83825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26382]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1710; Project Identifier MCAI-2023-00243-T; 
Amendment 39-22600; AD 2023-22-16]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes. 
This AD was prompted by reports from the supplier that sensing elements 
of the bleed air leak detection system were manufactured with 
insufficient salt fill, which can result in an inability to detect hot 
bleed air leaks. This AD requires testing of all affected overheat 
detection sensing elements of the bleed air leak detection system, and 
replacement if necessary. This AD also prohibits the installation of 
affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective January 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 5, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1710; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and

[[Page 83823]]

other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For Bombardier service information identified in this 
final rule, contact Bombardier Business Aircraft Customer Response 
Center, 400 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.
     For Kidde Aerospace & Defense service information 
identified in this final rule, contact Kidde Aerospace & Defense, 4200 
Airport Drive NW, Building B, Wilson, NC 27896; telephone: 319-295-
5000; website: kiddetechnologies.com/aviation.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. It is also available at 
regulations.gov under Docket No. FAA-2023-1710.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model CL-600-2B16 (604 Variant) airplanes. The NPRM published in 
the Federal Register on August 14, 2023 (88 FR 54946). The NPRM was 
prompted by AD CF-2023-05, dated February 8, 2023, issued by Transport 
Canada, which is the aviation authority for Canada (referred to after 
this as the MCAI). The MCAI states that Bombardier received reports 
from the supplier of the overheat detection sensing elements of a 
manufacturing quality escape. Some of the sensing elements of the bleed 
air leak detection system were manufactured with insufficient salt 
fill, which can result in an inability to detect hot bleed air leaks 
and cause damage to surrounding structures and systems that can prevent 
continued safe flight and landing.
    In the NPRM, the FAA proposed to require testing of all affected 
overheat detection sensing elements of the bleed air leak detection 
system, and replacement if necessary. In the NPRM, the FAA also 
proposed to prohibit the installation of affected parts. The FAA is 
issuing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1710.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Bombardier. The following presents 
the comment received on the NPRM and the FAA's response to the comment.

Request for Removal of Certain Variants

    Bombardier requested that the FAA remove reference to the 601-3A 
and 601-3R Variants from the proposed AD. Bombardier stated that Model 
CL-600-2B16 601-3A and 601-3R Variants are not affected by the 
identified unsafe condition; only Model CL-600-2B16 604 Variant 
airplanes are affected.
    The FAA agrees and notes that the 604 Variant airplanes are those 
having serial numbers 5301 and subsequent, therefore, the 601-3A and 
601-3R Variants are not applicable to this AD. The FAA revised the 
Summary, Background, and paragraph (c) of this AD accordingly.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
and any other changes described previously, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 604-36-005, Bombardier 
Service Bulletin 605-36-002, and Bombardier Service Bulletin 650-36-
001, all dated December 23, 2022. This service information specifies 
procedures for testing affected bleed air leak detection system sensing 
elements (i.e., those marked with a date code before ``A2105'' (which 
corresponds to January 31, 2021) with a part number defined in this 
service information) to determine if they are serviceable and replacing 
failed sensing elements with serviceable ones. These documents are 
distinct since they apply to different airplane serial numbers.
    The FAA reviewed Kidde Aerospace & Defense Service Bulletin CFD-26-
1, Revision 6, dated February 28, 2022. This service information 
specifies affected continuous fire detector part numbers and testing 
procedures.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 694 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost               Parts cost           Cost per product            Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 37 work-hours x $85 per                  $0  Up to $3,145.................  Up to $2,182,630.
 hour = Up to $3,145.
----------------------------------------------------------------------------------------------------------------

    The estimates the following costs to do any necessary on-condition 
actions that would be required based on the results of any required 
actions. The FAA has no way of determining the number of aircraft that 
might need these on-condition actions.

[[Page 83824]]



                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
37 work-hours x $85 per hour = $3,145.........................................        $4,000 *           $7,145
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD. This is the estimated cost for replacement of 2 percent of the failed sensing elements. If all sensing
  elements failed, the estimated parts cost would be $40,000 for each airplane.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all the costs of this 
AD may be covered under warranty, thereby reducing the cost impact on 
affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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:

2023-22-16 Bombardier, Inc.: Amendment 39-22600; Docket No. FAA-
2023-1710; Project Identifier MCAI-2023-00243-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604 
Variant) airplanes, certificated in any category, serial numbers 
5580 through 5665 inclusive, 5701 through 5988 inclusive, and 6050 
and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code: 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by reports that sensing elements of the 
bleed air leak detection system were manufactured with insufficient 
salt fill. The FAA is issuing this AD to address insufficient salt 
fill, which can result in an inability to detect hot bleed air 
leaks, which can cause damage to surrounding structures and systems 
that can prevent continued safe flight and landing.

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions specified in 
paragraphs (g)(1) and (2) of this AD apply.
    (1) Affected part: A sensing element marked with a date code 
before A2105 and having a part number listed in Kidde Aerospace and 
Defense Service Bulletin CFD-26-1, Revision 6, dated February 28, 
2022; unless the sensing element meets the conditions specified in 
paragraphs (g)(1)(i) and (ii) of this AD, or has passed the test 
specified in paragraph (h) of this AD.
    (i) Has been tested in accordance with the Accomplishment 
Instructions of Kidde Aerospace and Defense Service Bulletin CFD-26-
1, Revision 6, dated February 28, 2022, and passed the test; and
    (ii) Has been marked on one face of its connector hex nut in 
accordance with paragraph 3.C., Identification Procedure, of Kidde 
Aerospace and Defense Service Bulletin CFD-26-1, Revision 6, dated 
February 28, 2022.
    (2) Serviceable part: A sensing element that is not an affected 
part.

(h) Testing

    For airplane serial numbers 5580 through 5665 inclusive, 5701 
through 5988 inclusive, and 6050 through 6174 inclusive: Within 
7,800 flight cycles or 96 months, whichever occurs first, from the 
effective date of this AD, test the bleed air leak detection system 
sensing elements to determine if they are serviceable, in accordance 
with the Accomplishment Instructions of the applicable service 
information identified in paragraphs (h)(1) through (3) of this AD. 
If the sensing element is found serviceable, before further flight, 
mark the sensing element with a green mark in accordance with the 
Accomplishment Instructions of the applicable service information 
identified in paragraphs (h)(1) through (3) of this AD. If the 
sensing element is found not serviceable, before further flight, 
replace the sensing element with a serviceable part in accordance 
with the Accomplishment Instructions of the applicable service 
information identified in paragraphs (h)(1) through (3) of this AD.
    (1) For Model CL-600-2B16 airplanes, serial numbers 5580 through 
5665 inclusive (Challenger 604): Use Bombardier Service Bulletin 
604-36-005, dated December 23, 2022.
    (2) For Model CL-600-2B16 airplanes, serial numbers 5701 through 
5988 inclusive (Challenger 605): Use Bombardier Service Bulletin 
605-36-002, dated December 23, 2022.
    (3) For Model CL-600-2B16 airplanes, serial numbers 6050 through 
6174 inclusive (Challenger 650): Use Bombardier Service Bulletin 
650-36-001, dated December 23, 2022.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part on any airplane.

[[Page 83825]]

(j) No Reporting Requirement

    Although the service information referenced in paragraph (g)(1) 
of this AD and paragraphs (h)(1) through (3) of this AD specifies to 
submit certain information to the manufacturer, this AD does not 
include that requirement.

(k) 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, 
International Validation Branch, mail it to the address identified 
in paragraph (l)(2) of this AD or email 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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(l) Additional Information

    (1) Refer to Transport Canada AD CF-2023-05, dated February 8, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1710.
    (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].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 604-36-005, dated December 23, 
2022.
    (ii) Bombardier Service Bulletin 605-36-002, dated December 23, 
2022.
    (iii) Bombardier Service Bulletin 650-36-001, dated December 23, 
2022.
    (iv) Kidde Aerospace and Defense Service Bulletin CFD-26-1, 
Revision 6, dated February 28, 2022.
    Note 1 to paragraph (m)(2)(iv): The revision level of this 
service bulletin is only identified on the transmittal sheet.
    (3) For Bombardier 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) For Kidde Aerospace & Defense service information identified 
in this AD, contact Kidde Aerospace & Defense, 4200 Airport Drive 
NW, Building B, Wilson, NC 27896; telephone: 319-295-5000; website: 
kiddetechnologies.com/aviation.com.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 2, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-26382 Filed 11-30-23; 8:45 am]
BILLING CODE 4910-13-P
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