Airworthiness Directives; Bombardier, Inc., Airplanes, 89633-89636 [2023-28590]
Download as PDF
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
1st-stage hub, HPT 2nd-stage hub, HPC
IBR–7, and HPC IBR–8 for cracks and
replacement if necessary. The NPRM
also proposed to require accelerated
replacement of the HPC IBR–7, HPC
IBR–8, HPC rear hub, HPT 1st-stage hub,
HPT 1st-stage air seal, HPT 1st-stage
blade retaining plate, HPT 2nd-stage
hub, HPT 2nd-stage blade retaining
plate, and HPT 2nd-stage rear seal.
The proposed actions were intended
to address failure of the HPT 1st-stage
hub, HPT 2nd-stage hub, HPC IBR–7,
and HPC IBR–8, which could result in
uncontained hub failure, release of highenergy debris, damage to the engine,
damage to the airplane, and loss of the
airplane.
Comments
The FAA received comments on the
NPRM. However, due to the FAA’s
determination that it is necessary to
withdraw and issue a new NPRM, the
comments will be copied to Docket No.
FAA–2023–2401 and addressed in the
final rule for that AD action.
Additionally, the FAA requests that the
commenters review the new NPRM at
Docket No. FAA–2023–2401.
FAA’s Conclusions
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Upon further consideration, the FAA
has determined that the NPRM does not
adequately address the identified unsafe
condition. Accordingly, the NPRM is
withdrawn.
Regulatory Findings
Since this action only withdraws an
NPRM, it is neither a proposed nor a
final rule. This action therefore is not
covered under Executive Order 12866,
the Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).
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Accordingly, the notice of proposed
rulemaking (Docket No. FAA–2023–
2237), which was published in the
Federal Register on December 12, 2023
(88 FR 86088), is withdrawn.
■
Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28703 Filed 12–22–23; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Since issuance of the NPRM, the FAA
has received information from Pratt &
Whitney that an error was inadvertently
included in the removal times for some
of the HPT 1st-stage and 2nd-stage hubs,
which would have required removal
significantly later than necessary.
Because the removal timeframe needed
to be shortened, the FAA determined it
is necessary to withdraw the NPRM and
issue a new NPRM for the unsafe
condition with the correct compliance
times.
Withdrawal of the NPRM constitutes
only such action and does not preclude
the FAA from further rulemaking on
this issue, nor does it commit the FAA
to any course of action in the future.
19:37 Dec 27, 2023
The Withdrawal
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–2023–2402; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference
Actions Since the NPRM Was Issued
VerDate Sep<11>2014
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
89633
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2402; Project
Identifier MCAI–2023–00370–T]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL–
600–2B16 (601–3A, 601–3R, and 604
Variants) airplanes. This proposed AD
was prompted by a report indicating
that a new filter plate connector for the
nose wheel steering (NWS) system
electronic control module (ECM) does
not meet certain certification
requirements. This proposed AD would
require replacing all affected noncompliant ECMs. This proposed AD
would also prohibit the installation of
affected parts under certain conditions.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by February 12,
2024.
DATES:
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–
ADDRESSES:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
• 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:
Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
(516) 228–7300; email: 9-avs-nyacocos@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–2023–2402; Project Identifier
MCAI–2023–00370–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
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89634
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
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 Steven Dzierzynski,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: (516) 228–7300;
email: 9-avs-nyaco-cos@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
Transport Canada, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2023–
14R1, dated May 15, 2023 (Transport
Canada AD CF–2023–14R1) (also
referred to after this as the MCAI), to
correct an unsafe condition on certain
Bombardier, Inc., Model CL–600–2B16
(601–3A, 601–3R, and 604 Variants)
airplanes. The MCAI states that the
manufacturer of the NWS system ECM,
part number (P/N) 601–86100–27,
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. This
non-compliant filter plate connector, if
not replaced, could result in a
malfunction of the NWS system causing
potential un-commanded steering or
lateral excursion from the runway.
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–2023–2402.
Related Service Information Under 1
CFR Part 51
The FAA reviewed the following
Bombardier service information.
• Service Bulletin 604–32–032, dated
October 18, 2021.
• Service Bulletin 605–32–009, dated
October 18, 2021.
• Service Bulletin 650–32–006, dated
October 18, 2021.
This service information specifies
procedures for removing and replacing
all affected non-compliant ECMs, P/N
601–86100–27. These documents are
distinct since they apply to different
airplane configurations.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described. This proposed AD would
also prohibit the installation of affected
parts under certain conditions.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 164
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
6 work-hours × $85 per hour = $510 ..........................................................................................
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
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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
VerDate Sep<11>2014
19:37 Dec 27, 2023
Jkt 262001
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
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Frm 00008
Fmt 4702
Sfmt 4702
$75,972
Cost per
product
$76,482
Cost on U.S.
operators
$12,543,048
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.
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Bombardier, Inc.: Docket No. FAA–2023–
2402; Project Identifier MCAI–2023–
00370–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by February 12,
2024.
Model
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(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing gear.
(e) Unsafe Condition
This AD was prompted by a report
indicating that a new filter plate connector
for the nose wheel steering (NWS) system
electronic control module (ECM) does not
meet certain certification requirements. The
FAA is issuing this AD to address this noncompliant filter plate connector, which, if not
replaced, could result in a malfunction of the
NWS system causing potential
uncommanded steering or lateral excursion
from the runway.
6050 and subsequent
5701 through 5990
5301 through 5665
(1) If the serial number of the ECM is listed
in Table 1 of Section 1.A. of the applicable
service information or is not reidentified on
the nameplate as SB–1, then the actions of
paragraph (h) of this AD are required.
(2) If the serial number of the ECM is not
listed in Table 1 of Section 1.A. of the
applicable service information or is
reidentified on the nameplate as SB–1, then
the actions of paragraph (h) of this AD are not
required.
(h) Replacement
For airplanes identified in paragraph (g)(1)
of this AD: Do the actions specified in
paragraphs (h)(1) and (2) of this AD.
(1) Within 24 months after the effective
date of this AD: Replace the ECM, P/N 601–
86100–27, identified in paragraph (g)(1) of
this AD, in accordance with Section 2.C. Part
B of the Accomplishment Instructions of the
applicable service information listed in figure
1 to the introductory text of paragraph (g) of
this AD.
(2) Prior to return to service, complete the
operational test of the NWS system in
accordance with Section 2.D. of the
Accomplishment Instructions of the
applicable service information listed in figure
1 to the introductory text of paragraph (g) of
this AD.
(i) Parts Installation Limitation
As of the effective date of this AD, it is
prohibited to install ECM, P/N 601–86100–
27, as a replacement part, if the serial number
is listed in Table 1 of Section 1.A. of the
applicable service information listed in figure
19:37 Dec 27, 2023
(c) Applicability
This AD applies to Bombardier, Inc.,
Model CL–600–2B16 (601–3A, 601–3R, and
604 Variants) airplanes, certificated in any
category, with serial numbers 5301 through
5665 inclusive, 5701 through 5990 inclusive,
and 6050 and subsequent.
Serial Numbers
CL-600-2B16
CL-600-2B 16
CL-600-2B16
VerDate Sep<11>2014
(f) Compliance
(b) Affected ADs
None.
Jkt 262001
Within 24 months after the effective date
of this AD: Inspect the serial number of the
ECM, P/N 601–86100–27, in accordance with
Section 2.B. Part A of the Accomplishment
Instructions of the applicable service
information listed in figure (1) to the
introductory text of paragraph (g) of this AD
to determine if the serial number of the ECM,
part number (P/N) 601–86100–27, is listed in
Table 1 of Section 1.A. of the applicable
service information listed in figure (1) to the
introductory text of paragraph (g) of this AD.
A review of maintenance records is also
acceptable if the serial number of the ECM
can be conclusively determined from that
review.
650-32-006, dated October 18, 2021
605-32-009, dated October 18, 2021
604-32-032, dated October 18, 2021
(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, International Validation
Branch, mail it to the address identified in
paragraph (k)(2) of this AD or email to: 9-avsnyaco-cos@faa.gov. If mailing information,
also submit information by email. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, 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.
Frm 00009
(g) Verification of Airplane Technical
Records
Applicable Bombardier Service Bulletin
1 to the introductory text of paragraph (g) of
this AD, unless the ECM has been
reidentified with SB–1 on the name plate.
PO 00000
Comply with this AD within the
compliance times specified, unless already
done.
Fmt 4702
Sfmt 4702
(k) Additional Information
(1) Refer to Transport Canada AD CF–
2023–14R1, dated May 15, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–2402.
(2) For more information about this AD,
contact Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (516) 228–
7300; email: 9-avs-nyaco-cos@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) Bombardier Service Bulletin 604–32–
032, dated October 18, 2021.
(ii) Bombardier Service Bulletin 605–32–
009, dated October 18, 2021.
(iii) Bombardier Service Bulletin 650–32–
006, 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
E:\FR\FM\28DEP1.SGM
28DEP1
EP28DE23.023
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
89635
89636
Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Proposed Rules
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-locations or email fr.inspection@nara.gov.
Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28590 Filed 12–27–23; 8:45 am]
BILLING CODE 4910–13–P
CC:PA:01:PR (REG–121010–17), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Stephanie D. Floyd at (202) 317–7053;
concerning submissions of comments
and requesting a hearing, Vivian Hayes
at (202) 317–6901 (not toll-free
numbers) or by email to
publichearings@irs.gov (preferred).
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–121010–17]
RIN 1545–BO11
Bad Debt Deductions for Regulated
Financial Companies and Members of
Regulated Financial Groups
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document contains
proposed regulations that would
provide guidance regarding whether a
debt instrument is worthless for Federal
income tax purposes. The proposed
regulations are necessary to update the
standard for determining when a debt
instrument held by a regulated financial
company or a member of a regulated
financial group will be conclusively
presumed to be worthless. The proposed
regulations will affect regulated
financial companies and members of
regulated financial groups that hold
debt instruments.
DATES: Written or electronic comments
and requests for a public hearing must
be received by February 26, 2024.
ADDRESSES: Commenters are strongly
encouraged to submit public comments
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (indicate IRS and
REG–121010–17) by following the
online instructions for submitting
comments. Requests for a public hearing
must be submitted as prescribed in the
‘‘Comments and Requests for a Public
Hearing’’ section. Once submitted to the
Federal eRulemaking Portal, comments
cannot be edited or withdrawn. The
Department of the Treasury (Treasury
Department) and the IRS will publish
for public availability any comments
submitted to the IRS’s public docket.
Send paper submissions to:
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SUMMARY:
VerDate Sep<11>2014
19:37 Dec 27, 2023
Jkt 262001
This document contains proposed
amendments to the Income Tax
Regulations (26 CFR part 1) under
section 166 of the Internal Revenue
Code (Code). These proposed
amendments (proposed regulations)
would update the standard in the
current regulations under § 1.166–2
(existing regulations) for determining
when a debt instrument held by a
regulated financial company or a
member of a regulated financial group
will be conclusively presumed to be
worthless.
1. Existing Rules
Section 166(a)(1) provides that a
deduction is allowed for any debt that
becomes worthless within the taxable
year. Section 166(a)(2) permits the
Secretary of the Treasury or her delegate
(Secretary) to allow a taxpayer to deduct
a portion of a partially worthless debt
that does not exceed the amount
charged-off within the taxable year. The
existing regulations do not define
‘‘worthless.’’ In determining whether a
debt is worthless in whole or in part, the
IRS considers all pertinent evidence,
including the value of any collateral
securing the debt and the financial
condition of the debtor. See § 1.166–
2(a). The existing regulations provide
further that, when the surrounding
circumstances indicate that a debt is
worthless and uncollectible and that
legal action to enforce payment would
in all probability not result in the
satisfaction of execution on a judgment,
legal action is not required in order to
determine that the debt is worthless. See
§ 1.166–2(b).
The existing regulations provide two
alternative conclusive presumptions of
worthlessness for bad debt. First,
§ 1.166–2(d)(1) generally provides that if
a bank or other corporation subject to
supervision by Federal authorities, or by
State authorities maintaining
substantially equivalent standards,
charges off a debt in whole or in part,
either (1) in obedience to the specific
orders of such authorities, or (2) in
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Frm 00010
Fmt 4702
Sfmt 4702
accordance with the established policies
of such authorities, and such authorities
at the first audit subsequent to the
charge-off confirm in writing that the
charge-off would have been subject to
specific orders, then the debt is
conclusively presumed to have become
worthless, in whole or in part, to the
extent charged off during the taxable
year.
Second, § 1.166–2(d)(3) generally
provides that a bank (but not other
corporations) subject to supervision by
Federal authorities, or by State
authorities maintaining substantially
equivalent standards, may elect to use a
method of accounting that establishes a
conclusive presumption of
worthlessness for debts, provided the
bank’s supervisory authority has made
an express determination that the bank
maintains and applies loan loss
classification standards that are
consistent with the regulatory standards
of that supervisory authority. Section
1.166–2(d)(1) and (3) are collectively
referred to as the ‘‘Conclusive
Presumption Regulations.’’
2. Generally Accepted Accounting
Principles Prior to the Current Expected
Credit Loss Revisions
For financial reporting purposes,
financial institutions in the United
States follow the U.S. Generally
Accepted Accounting Principles
(GAAP) issued by the Financial
Accounting Standards Board (FASB).
The long-standing GAAP model for
recognizing credit losses is referred to as
the ‘‘incurred loss model’’ because it
delays recognition of credit losses until
it is probable that a loss has been
incurred. Under the incurred loss
model, an entity considers only past
events and current conditions in
measuring the incurred credit loss. This
method does not require or allow the
incorporation of economic forecasts, or
consideration of industry cycles. The
incurred loss model permits institutions
to use various methods to estimate
credit losses, including historical loss
methods, roll-rate methods, and
discounted cash flow methods. The
GAAP accounting for credit losses has
been revised with the introduction of
the current expected credit loss
methodology for estimating allowance
for credit losses, as further described in
section 3 of this Background.
Under the GAAP incurred loss model,
an institution must first assess whether
a decline in fair value of a debt security
below the amortized cost of the security
is a temporary impairment or other than
temporary impairment (OTTI). If an
entity intends to sell the security or
more likely than not will be required to
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Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89633-89636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28590]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2402; Project Identifier MCAI-2023-00370-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model CL-600-2B16 (601-3A, 601-3R, and
604 Variants) airplanes. This proposed AD was prompted by a report
indicating that a new filter plate connector for the nose wheel
steering (NWS) system electronic control module (ECM) does not meet
certain certification requirements. This proposed AD would require
replacing all affected non-compliant ECMs. This proposed AD would also
prohibit the installation of affected parts under certain conditions.
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 February
12, 2024.
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-2023-2402; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference
For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">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: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (516) 228-7300; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2402; Project Identifier
MCAI-2023-00370-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
[[Page 89634]]
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
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email: [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2023-14R1, dated May 15, 2023 (Transport
Canada AD CF-2023-14R1) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model CL-600-
2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The MCAI states that
the manufacturer of the NWS system ECM, part number (P/N) 601-86100-27,
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. This non-compliant filter
plate connector, if not replaced, could result in a malfunction of the
NWS system causing potential un-commanded steering or lateral excursion
from the runway.
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-2023-2402.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following Bombardier service information.
Service Bulletin 604-32-032, dated October 18, 2021.
Service Bulletin 605-32-009, dated October 18, 2021.
Service Bulletin 650-32-006, dated October 18, 2021.
This service information specifies procedures for removing and
replacing all affected non-compliant ECMs, P/N 601-86100-27. These
documents are distinct since they apply to different airplane
configurations.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also prohibit the installation of affected parts under certain
conditions.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 164 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510.............................. $75,972 $76,482 $12,543,048
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 89635]]
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-2023-2402; Project Identifier MCAI-
2023-00370-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 12, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B16 (601-3A,
601-3R, and 604 Variants) airplanes, certificated in any category,
with serial numbers 5301 through 5665 inclusive, 5701 through 5990
inclusive, and 6050 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by a report indicating that a new filter
plate connector for the nose wheel steering (NWS) system electronic
control module (ECM) does not meet certain certification
requirements. The FAA is issuing this AD to address this non-
compliant filter plate connector, which, if not replaced, could
result in a malfunction of the NWS system causing potential
uncommanded steering or lateral excursion from the runway.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Verification of Airplane Technical Records
Within 24 months after the effective date of this AD: Inspect
the serial number of the ECM, P/N 601-86100-27, in accordance with
Section 2.B. Part A of the Accomplishment Instructions of the
applicable service information listed in figure (1) to the
introductory text of paragraph (g) of this AD to determine if the
serial number of the ECM, part number (P/N) 601-86100-27, is listed
in Table 1 of Section 1.A. of the applicable service information
listed in figure (1) to the introductory text of paragraph (g) of
this AD. A review of maintenance records is also acceptable if the
serial number of the ECM can be conclusively determined from that
review.
[GRAPHIC] [TIFF OMITTED] TP28DE23.023
(1) If the serial number of the ECM is listed in Table 1 of
Section 1.A. of the applicable service information or is not
reidentified on the nameplate as SB-1, then the actions of paragraph
(h) of this AD are required.
(2) If the serial number of the ECM is not listed in Table 1 of
Section 1.A. of the applicable service information or is
reidentified on the nameplate as SB-1, then the actions of paragraph
(h) of this AD are not required.
(h) Replacement
For airplanes identified in paragraph (g)(1) of this AD: Do the
actions specified in paragraphs (h)(1) and (2) of this AD.
(1) Within 24 months after the effective date of this AD:
Replace the ECM, P/N 601-86100-27, identified in paragraph (g)(1) of
this AD, in accordance with Section 2.C. Part B of the
Accomplishment Instructions of the applicable service information
listed in figure 1 to the introductory text of paragraph (g) of this
AD.
(2) Prior to return to service, complete the operational test of
the NWS system in accordance with Section 2.D. of the Accomplishment
Instructions of the applicable service information listed in figure
1 to the introductory text of paragraph (g) of this AD.
(i) Parts Installation Limitation
As of the effective date of this AD, it is prohibited to install
ECM, P/N 601-86100-27, as a replacement part, if the serial number
is listed in Table 1 of Section 1.A. of the applicable service
information listed in figure 1 to the introductory text of paragraph
(g) of this AD, unless the ECM has been reidentified with SB-1 on
the name plate.
(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,
International Validation Branch, mail it to the address identified
in paragraph (k)(2) of this AD or email to: [email protected].
If mailing information, also submit information by email. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, 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-2023-14R1, dated May 15,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-2402.
(2) For more information about this AD, contact Steven
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: (516) 228-7300; email: [email protected].
(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) Bombardier Service Bulletin 604-32-032, dated October 18,
2021.
(ii) Bombardier Service Bulletin 605-32-009, dated October 18,
2021.
(iii) Bombardier Service Bulletin 650-32-006, 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
[[Page 89636]]
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-locations or email [email protected].
Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-28590 Filed 12-27-23; 8:45 am]
BILLING CODE 4910-13-P