Proposed Rule2023-24008
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 8, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD was prompted by reports from the supplier that some overheat detection 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 proposed AD would require maintenance records verification, and if an affected part is installed, would prohibit the use of certain Master Minimum Equipment List (MMEL) items under certain conditions by requiring revising the operator's existing MEL. This proposed AD would also require testing the overheat detection sensing elements, marking each serviceable sensing element with a witness mark, and replacing each nonserviceable part with a serviceable part. 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.
Full Text
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<title>Federal Register, Volume 88 Issue 215 (Wednesday, November 8, 2023)</title>
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[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Proposed Rules]
[Pages 77044-77060]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24008]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 /
Proposed Rules
[[Page 77044]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2139; Project Identifier MCAI-2023-00435-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This
proposed AD was prompted by reports from the supplier that some
overheat detection 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 proposed AD would
require maintenance records verification, and if an affected part is
installed, would prohibit the use of certain Master Minimum Equipment
List (MMEL) items under certain conditions by requiring revising the
operator's existing MEL. This proposed AD would also require testing
the overheat detection sensing elements, marking each serviceable
sensing element with a witness mark, and replacing each nonserviceable
part with a serviceable part. 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 December
26, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2139; 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:
<bullet> For Bombardier 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: <a href="/cdn-cgi/l/email-protection#fd9c9ed3848891bd9c988f92d3c19cdd958f989bc0" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website:
<a href="http://bombardier.com">bombardier.com</a>.
<bullet> For Liebherr-Aerospace Toulouse SAS service information
identified in this NPRM, contact Liebherr-Aerospace Toulouse SAS, 408,
Avenue des Etats-Unis--B.P.52010, 31016 Toulouse Cedex, France;
telephone +33 (0)5.61.35.28.28; fax +33 (0)5.61.35.29.29; email:
<a href="/cdn-cgi/l/email-protection#750110161d0500175b011a00191a00061035191c10171d1007075b161a18"><span class="__cf_email__" data-cfemail="2f5b4a4c475f5a4d015b405a43405a5c4a6f43464a4d474a5d5d014c4042">[email protected]</span></a>; website: www.liebherr.aero.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#330a1e5245401e5d4a52505c1e505c40735552521d545c45"><span class="__cf_email__" data-cfemail="b58c98d4c3c698dbccd4d6da98d6dac6f5d3d4d49bd2dac3">[email protected]</span></a>.
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-2023-2139; Project Identifier
MCAI-2023-00435-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
<a href="http://regulations.gov">regulations.gov</a>, 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
Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516- 228-7300; email: <a href="/cdn-cgi/l/email-protection#dae3f7bbaca9f7b4a3bbb9b5f7b9b5a99abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="84bda9e5f2f7a9eafde5e7eba9e7ebf7c4e2e5e5aae3ebf2">[email protected]</span></a>. 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-2023-18, dated March 9, 2023 (Transport
Canada AD CF-2023-18) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier,
[[Page 77045]]
Inc., Model BD-700-2A12 airplanes. 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. This condition can result in an inability to
detect hot bleed air leaks, which can cause damage to surrounding
structures and systems and prevent continued safe flight and landing.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2139.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Liebherr Service Bulletin CFD-F1958-26-01, dated
May 6, 2022, which specifies part numbers for affected sensing
elements.
The FAA reviewed Bombardier Service Bulletin 700-36-7503, dated
December 23, 2022, which specifies procedures for testing each leak
detection loop (LDL) sensing element installed on the airplane, marking
each serviceable sensing element with a witness mark, and replacing
each nonserviceable part with a serviceable part.
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 described 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 maintenance records verification. If
an affected part is installed, this proposed AD would prohibit the use
of certain MMEL items unless specific dispatch instructions are
followed by revising the operator's existing MEL and accomplishing the
actions specified in the service information already described. For
certain airplanes, this proposed AD would also require testing each LDL
sensing element installed on the airplane, marking each serviceable
sensing element with a witness mark, and replacing each nonserviceable
part with a serviceable part. 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 19 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 Cost per product Cost on U.S. operators
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Up to 214 work-hours x $85 per hour = Up $0 Up to $18,190............. Up to $345,610.
to $18,190.
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
The FAA estimates it would take up to 1.5 hours to replace a sensing
element.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive:
Bombardier, Inc.: Docket No. FAA-2023-2139; Project Identifier MCAI-
2023-00435-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 26, 2023.
[[Page 77046]]
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, having serial numbers 70005
and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code: 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by reports that some overheat detection
sensing elements of the bleed air leak detection system were
manufactured with insufficient salt fill. The FAA is issuing this AD
to address non-conforming sensing elements of the bleed air leak
detection system. The unsafe condition, if not addressed, could
result in an inability to detect hot bleed air leaks and consequent
damage to surrounding structures and systems, which could prevent
continued safe flight and landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
For the purpose of this AD, the definitions specified in
paragraphs (g)(1) and (2) of this AD apply.
(1) An affected part is a sensing element marked with a date
code before A2105 and having an LTS/Kidde part number specified in
Liebherr Service Bulletin CFD-F1958-26-01, dated May 6, 2022, unless
that sensing element meets the criteria specified in paragraph
(g)(1)(i) or (ii) of this AD.
(i) The sensing element has been tested as specified in Section
3 of the Accomplishment Instructions of Kidde Aerospace and Defense
Service Bulletin CFD-26-1, Revision 6, dated February 28, 2022, or
earlier revisions, and has been found to be serviceable; and the
sensing element has been marked on one face of its connector hex nut
and packaged as specified in Section 3.C. of the Accomplishment
Instructions of Kidde Aerospace and Defense Service Bulletin CFD-26-
1, Revision 6, dated February 28, 2022, or earlier revisions.
(ii) The sensing element has been tested and found to be
serviceable as specified in paragraph (j) of this AD; and the
sensing element has been marked on one face of one connector hex nut
with one green mark, as specified in Figure 33 of Bombardier Service
Bulletin 700-36-7503, dated December 23, 2022, as applicable (the
figure is representative for all sensing elements).
(2) A serviceable part is a sensing element that is not an
affected part.
(h) Maintenance Records Verification
For airplane serial numbers 70097 and subsequent whose airplane
date of manufacture, as identified on the identification plate of
the airplane, is on or before the effective date of this AD: Within
60 days after the effective date of this AD, examine the airplane
maintenance records to verify whether any affected part has been
installed since the airplane date of manufacture, as identified on
the identification plate of the airplane.
(1) If the maintenance records confirms that an affected part
has been installed, or if it cannot be confirmed that an affected
part has not been installed, paragraphs (i) and (j) of this AD must
be complied with within the compliance time specified in paragraphs
(i) and (j) of this AD.
(2) If the maintenance records confirm that no affected parts
have been installed since airplane date of manufacture, then
paragraphs (i) and (j) of this AD are not applicable.
(i) Minimum Equipment List (MEL) Revision
For all airplanes: Within 90 days after the effective date of
this AD, revise the operator's existing MEL by incorporating the
information specified in figures 1 through 7 to paragraph (i) of
this AD, as applicable. This may be done by inserting a copy of this
information into the operator's existing MEL.
Figure 1 to Paragraph (i)--MMEL Item 21-0425
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Figure 2 to Paragraph (i)--MMEL Item 30-0055
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Figure 3 to Paragraph (i)--MMEL Item 30-0060
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Figure 4 to Paragraph (i)--MMEL Item 30-0090
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Figure 5 to Paragraph (i)--MMEL Item 30-0095
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Figure 6 to Paragraph (i)--MMEL Item 36-0050
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Figure 7 to Paragraph (i)--MMEL Item 36-0105
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(j) Testing and Replacement of Affected Overheat Detection Sensing
Elements
For airplane serial numbers 70005 and subsequent: Within 3,500
flight hours or 120 months, whichever occurs first, from the
effective date of this AD, test the overheat detection sensing
elements to determine if they are serviceable, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 700-
36-7503, dated December 23, 2022.
(1) For each sensing element that is serviceable, before further
flight, mark the sensing element with a witness mark in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
700-36-7503, dated December 23, 2022.
(2) For each sensing element that is not serviceable, before
further flight, replace the sensing element with a serviceable part
in accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 700-36-7503, dated December 23, 2022.
(k) Parts Installation Prohibition
As of the effective date of this AD, no person may install, on
any airplane, any affected part unless it is a serviceable part.
(l) No Reporting Requirement
Although Bombardier Service Bulletin 700-36-7503, dated December
23, 2022, specifies to submit certain information to the
manufacturer, this AD does not include that requirement.
(m) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (n)(2) of this AD or email to: <a href="/cdn-cgi/l/email-protection#ecd5c18d9a9fc182958d8f83c18f839fac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="221b0f4354510f4c5b43414d0f414d51624443430c454d54">[email protected]</span></a>. 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.
(n) Additional Information
(1) Refer to Transport Canada AD CF-2023-18, dated March 9,
2023, for related information. This Transport Canada AD may be found
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2139.
(2) For more information about this AD, contact Steven
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#c6ffeba7b0b5eba8bfa7a5a9eba5a9b586a0a7a7e8a1a9b0"><span class="__cf_email__" data-cfemail="734a5e1205005e1d0a12101c5e101c00331512125d141c05">[email protected]</span></a>.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Bombardier Service Bulletin 700-36-7503, dated December 23,
2022.
(ii) Liebherr Service Bulletin CFD-F1958-26-01, dated May 6,
2022.
(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: <a href="/cdn-cgi/l/email-protection#cfaeace1b6baa38faeaabda0e1f3aeefa7bdaaa9f2" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website:
<a href="http://bombardier.com">bombardier.com</a>.
(4) For Liebherr-Aerospace Toulouse SAS service information
identified in this AD, contact Liebherr-Aerospace Toulouse SAS, 408,
Avenue des Etats-Unis--B.P.52010, 31016 Toulouse Cedex, France;
telephone +33 (0)5.61.35.28.28; fax +33 (0)5.61.35.29.29; email:
<a href="/cdn-cgi/l/email-protection#037766606b7376612d776c766f6c767066436f6a66616b6671712d606c6e"><span class="__cf_email__" data-cfemail="2f5b4a4c475f5a4d015b405a43405a5c4a6f43464a4d474a5d5d014c4042">[email protected]</span></a>; website: www.liebherr.aero.
(5) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#4026326e292e3330252334292f2e002e2132216e272f36"><span class="__cf_email__" data-cfemail="dbbda9f5b2b5a8abbeb8afb2b4b59bb5baa9baf5bcb4ad">[email protected]</span></a>.
Issued on October 26, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2023-24008 Filed 11-7-23; 8:45 am]
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