Rule2022-26971
Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes
Primary source
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Published
December 12, 2022
Effective
December 27, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The FAA previously sent this AD as an emergency AD to all known U.S. owners and operators of these airplanes. This AD was prompted by reports of the autopilot/autothrottle system design resulting in inadvertent engagement of the autopilot when the flightcrew was attempting to engage the autothrottle late into the take-off phase or when attempting to re-engage the autothrottle during takeoff after uncommanded disconnect. This AD requires revising the Limitations section of the existing airplane flight manual (AFM) by revising the title of the existing autopilot AFM limitation, include a new warning prior to the existing autopilot engagement limitations, and include a new limitation prohibiting selecting or reselecting autothrottle during takeoff after thrust levers are advanced to the takeoff setting after the existing autopilot engagement limitations. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 237 (Monday, December 12, 2022)</title>
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[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Rules and Regulations]
[Pages 75911-75914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26971]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1583; Project Identifier MCAI-2022-01486-T;
Amendment 39-22282; AD 2022-25-51]
RIN 2120-AA64
Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11
airplanes. The FAA previously sent this AD as an emergency AD to all
known U.S. owners and operators of these airplanes. This AD was
prompted by reports of the autopilot/autothrottle system design
resulting in inadvertent engagement of the autopilot when the
flightcrew was attempting to engage the autothrottle late into the
take-off phase or when attempting to re-engage the autothrottle during
takeoff after uncommanded disconnect. This AD requires revising the
Limitations section of the existing airplane flight manual (AFM) by
revising the title of the existing autopilot AFM limitation, include a
new warning prior to the existing autopilot engagement limitations, and
include a new limitation prohibiting selecting or reselecting
autothrottle during takeoff after thrust levers are advanced to the
takeoff setting after the existing autopilot engagement limitations.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective December 27, 2022. Emergency AD 2022-25-51,
issued on November 22, 2022, which contained the requirements of this
amendment, was effective with actual notice.
The FAA must receive comments on this AD by January 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-
[[Page 75912]]
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-2022-1583; 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 other information. The
street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; email <a href="/cdn-cgi/l/email-protection#7c45511d0a0f5112051d1f13511f130f3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="f2cbdf938481df9c8b93919ddf919d81b2949393dc959d84">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1583; Project Identifier MCAI-
2022-01486-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; email <a href="/cdn-cgi/l/email-protection#bf8692dec9cc92d1c6dedcd092dcd0ccffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="d8e1f5b9aeabf5b6a1b9bbb7f5bbb7ab98beb9b9f6bfb7ae">[email protected]</span></a>. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued Emergency AD 2022-25-51, dated November 22, 2022
(Emergency AD 2022-25-51), to address an unsafe condition on all Airbus
Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
The FAA sent the emergency AD to all known U.S. owners and operators of
these airplanes. Emergency AD 2022-25-51 requires revising the
Limitations section of the existing AFM by revising the title of the
existing autopilot AFM limitation, include a new warning prior to the
existing autopilot engagement limitations, and include a new limitation
prohibiting selecting or reselecting autothrottle during takeoff after
thrust levers are advanced to the takeoff setting after the existing
autopilot engagement limitations.
Emergency AD 2022-25-51 was prompted by Emergency AD CF-2022-64,
dated November 17, 2022 (referred to after this as the MCAI), issued by
Transport Canada, which is the aviation authority for Canada, to
correct an unsafe condition on all Airbus Canada Limited Partnership
Model BD-500-1A10 and BD-500-1A11 airplanes.
There have been 38 in-service events, including two nearly
catastrophic events, whereby the flightcrew inadvertently engaged the
autopilot while attempting to engage the autothrottle late into the
take-off phase or when re-engaging the autothrottle. Engaging the
autopilot below 400 feet (ft) above ground level (AGL) is prohibited by
the existing AFM. However, the control panel for autothrottle and
autopilot engagement is structured in such a way that it is possible
for the flightcrew to mistakenly engage the autopilot when attempting
to re-engage the autothrottle. The autothrottle system is prone to
disconnect due to different sources for airspeed between the
autothrottle and the flight control system monitor, which can occur
during turbulence. The disconnect may also occur due to different
sources for pressure altitude between autothrottle application and
autothrottle monitor. Additionally, the autopilot engagement is not
currently inhibited during takeoff and with sufficient speed will cause
the airplane to command a pitch increase to capture the pitch target
marker, which may cause premature rotation, including at speeds below
V1 at the time of autopilot engagement. Premature airplane pitch up
will require the flightcrew to intervene immediately, and depending on
the speed, could lead to a tail strike. If the flightcrew does not
reject the takeoff, premature rotation due to autopilot engagement
below Vr may result in low-energy liftoff.
In September 2022, there was an incident in which the autothrottle
disengaged during takeoff, and when the flightcrew attempted to re-
engage the autothrottle, they mistakenly engaged the autopilot, which
resulted in the aircraft rotating below the V1 speed. This resulted in
a low-energy takeoff, which is hazardous as it could lead to the
airplane stalling and/or impacting terrain.
Existing procedures provide operational recommendations and
procedures to follow for autothrottle selection and in the event of an
autothrottle disconnect during takeoff. The autothrottle cannot be re-
engaged if it becomes disconnected on takeoff above 60 knots and below
400 ft AGL. Therefore, the flightcrew should not attempt to re-engage
the autothrottle if it becomes disconnected on takeoff. As previously
mentioned, trying to re-engage autothrottle below 400 ft AGL may result
in inadvertent engagement of the autopilot.
This AD is intended to address inadvertent engagement of the
autopilot below 400 ft AGL by adopting the autopilot engagement warning
statement specified in Transport Canada Emergency AD CF-2022-64. The
intended action is to incorporate the new warning statement within the
existing Autopilot Engagement AFM limitation by placing the warning
statement just prior to the two existing limitations, ``The minimum
height for engagement of autopilot is 400 feet AGL,'' and ``The minimum
height for use of autopilot is 80 feet AGL.'' This AD differs from the
Transport Canada Emergency AD by also requiring revising the existing
AFM to include an additional limitation (below the two existing
limitations) that specifies, ``To avoid inadvertent engagement of
autopilot, during takeoff, the
[[Page 75913]]
autothrottle must not be selected or re-selected after the thrust
levers are advanced to the takeoff setting until the aircraft is at or
above 400 feet AGL.'' Furthermore, this AD requires the title of the
existing AFM limitation to be revised from ``Autopilot Engagement'' to
``Autopilot and Autothrottle Engagement.'' Therefore, the AFM
limitation specified in figure 1 to paragraph (g) of this AD, titled
``Autopilot and Autothrottle Engagement,'' replaces the existing AFM
limitation titled ``Autopilot Engagement.'' This condition, if not
addressed, could result in premature rotation due to inadvertent
autopilot engagement, possibly leading to tail-strike, inability to
climb, and loss of control of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1583.
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
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
AD Requirements
This AD requires revising the Limitations section of the existing
AFM by revising the title of the existing AFM limitation titled
``Autopilot Engagement'', include a new warning prior to the existing
autopilot engagement limitations, and a new limitation prohibiting
selecting or reselecting autothrottle during takeoff after thrust
levers are advanced to the takeoff setting after the existing autopilot
engagement limitations.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that required the immediate adoption of
Emergency AD 2022-25-51 issued on November 22, 2022, to all known U.S.
owners and operators of these airplanes. Due to an autopilot/
autothrottle system design, the flightcrew has inadvertently engaged
the autopilot while attempting to engage the autothrottle during a
critical phase of flight. The most recent incident, in September 2022,
resulted in a low-energy takeoff when the flightcrew attempted to re-
engage the autothrottle but mistakenly engaged the autopilot. Such a
result is hazardous as it could lead to the aircraft stalling and/or
impacting terrain. The FAA found that the risk to the flying public
justified waiving notice and comment prior to adoption of this rule
because inadvertent autopilot engagement below 400 ft AGL could result
in premature rotation due to inadvertent autopilot engagement, possibly
leading to tail-strike, inability to climb, and loss of control of the
airplane. These conditions still exist, therefore, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 76 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs of Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM revision....................... 1 work-hour x $85 per hour $0 $85 $6,460
= $85.
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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 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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 75914]]
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:
2022-25-51 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22282; Docket No. FAA-2022-1583;
Project Identifier MCAI-2022-01486-T.
(a) Effective Date
The FAA issued Emergency Airworthiness Directive (AD) 2022-25-51
on November 22, 2022, directly to affected owners and operators. As
a result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as the emergency AD and, for those
who did not receive actual notice, is effective on December 27,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Canada Limited Partnership (Type
Certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 22, Autoflight.
(e) Unsafe Condition
This AD was prompted by reports of the autopilot/autothrottle
system design resulting in inadvertent engagement of the autopilot
when the flightcrew was attempting to engage the autothrottle late
into the take-off phase or when attempting to re-engage the
autothrottle during takeoff after uncommanded disconnect. The FAA is
issuing this AD to address inadvertent engagement of the autopilot
below 400 feet above ground level (AGL) when the flightcrew attempts
to engage autothrottle. The unsafe condition, if not addressed,
could result in premature rotation due to inadvertent autopilot
engagement, possibly leading to tail-strike, inability to climb, and
loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Existing AFM
Within 7 days after the effective date of this AD, revise the
Limitations section of the existing airplane flight manual (AFM) to
include the information specified in figure 1 to paragraph (g) of
this AD. This may be accomplished by inserting a copy of figure 1 to
paragraph (g) of this AD into the existing AFM. Using an AFM
revision that includes information identical to that in figure 1 to
paragraph (g) of this AD is acceptable for compliance with the
requirement of this paragraph.
[GRAPHIC] [TIFF OMITTED] TR12DE22.001
(h) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; email: <a href="/cdn-cgi/l/email-protection#c8f1e5a9bebbe5a6b1a9aba7e5aba7bb88aea9a9e6afa7be"><span class="__cf_email__" data-cfemail="1b22367a6d683675627a7874367874685b7d7a7a357c746d">[email protected]</span></a>, telephone 516-
228-7300. 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, New York ACO
Branch, FAA; or Transport Canada; or Airbus Canada Limited
Partnership's Transport Canada Design Approval Organization (DAO).
If approved by the DAO, the approval must include the DAO-authorized
signature.
(i) Additional Information
(1) Refer to Transport Canada Emergency AD CF-2022-64, dated
November 17, 2022, for related information. This Transport Canada
Emergency AD may be found in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1583.
(2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; email <a href="/cdn-cgi/l/email-protection#2a13074b5c590744534b4945074945596a4c4b4b044d455c"><span class="__cf_email__" data-cfemail="6e57430f181d4300170f0d01430d011d2e080f0f40090118">[email protected]</span></a>.
(j) Material Incorporated by Reference
None.
Issued on December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26971 Filed 12-8-22; 11:15 am]
BILLING CODE 4910-13-P
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