Proposed Rule2023-02938
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
February 13, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by a report that certain airplane flight manuals (AFMs) contain figures with incorrect performance charts for landing on contaminated runways. This proposed AD would require revising the existing AFM to correct the affected performance charts. 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 29 (Monday, February 13, 2023)</title>
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[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Proposed Rules]
[Pages 9215-9218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02938]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0164; Project Identifier MCAI-2022-01357-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-700-1A10 and BD-700-1A11
airplanes. This proposed AD was prompted by a report that certain
airplane flight manuals (AFMs) contain figures with incorrect
performance charts for landing on contaminated runways. This proposed
AD would require revising the existing AFM to correct the affected
performance charts. 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 March 30,
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-2023-0164; 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 service information identified in this NPRM, contact
Bombardier, Inc., 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#e8898bc6919d84a8898d9a87c6d489c8809a8d8ed5" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; internet
<a href="http://bombardier.com">bombardier.com</a>.
<bullet> 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: Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#8bb2a6eafdf8a6e5f2eae8e4a6e8e4f8cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="281105495e5b054651494b47054b475b684e4949064f475e">[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-2023-0164; Project Identifier
MCAI-2022-01357-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
[[Page 9216]]
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 Gabriel Kim, Aerospace
Engineer, Mechanical Systems and Administrative Services Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#1c25317d6a6f3172657d7f73317f736f5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="e0d9cd819693cd8e9981838fcd838f93a0868181ce878f96">[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-2022-49, dated August 23, 2022 (also
referred to after this as the MCAI), to correct an unsafe condition on
certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes.
The MCAI states that it was discovered that the thrust reverser
correction factors presented in certain AFM performance charts for
landing on contaminated runways do not provide sufficient margin for
stopping distances in certain conditions. If not corrected, use of the
affected performance charts could lead to longitudinal runway
excursions. To address the unsafe condition, Transport Canada issued
Transport Canada AD CF-2021-35, dated October 26, 2021 (Transport
Canada AD CF-2021-35) mandating certain AFM revisions that incorporate
changes to the wet and contaminated runway stopping distance data.
Transport Canada AD CF-2021-35 corresponds to FAA AD 2022-24-01,
Amendment 39-22241 (88 FR 6976, February 2, 2023) (AD 2022-24-01).
Since Transport Canada AD CF-2021-35 was issued, the MCAI states
that it was discovered that the mandated AFM changes to Figures 07-35-2
and 07-35-4 are incorrect in certain later revisions of two of the
AFMs.
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-2023-0164.
Relationship Between This NPRM and AD 2022-24-01
Accomplishing the AFM revision required by paragraph (g) of this
proposed AD terminates the requirement in AD 2022-24-01 to incorporate
Figure 07-35-2 and Figure 07-35-4 as part of the procedures specified
in paragraphs (g)(3)(viii) and (g)(5)(viii) of AD 2022-24-01.
Operators that revise the existing AFM to incorporate Bombardier
Global 6000 Airplane Flight Manual--Publication No. CSP 700-1V,
Revision 42, dated May 19, 2022; and Bombardier Global 5000 Featuring
Global Vision Flight Deck Airplane Flight Manual--Publication No. CSP
700-5000-1V, Revision 42, dated May 19, 2022; meet the applicable
requirements of paragraphs (g)(3)(viii) and (g)(5)(viii) of AD 2022-24-
01 and the proposed requirements of this AD.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information, which specifies
revised AFM corrections to the performance charts for landing on
contaminated runways. These documents are distinct since they apply to
different airplane models and configurations.
<bullet> Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-
off on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of
Supplement 35--Operation on Wet Grooved or Wet Porous Friction Course
Runways, of Chapter 7--Supplements of Bombardier Global 6000 Airplane
Flight Manual--Publication No. CSP 700-1V, Revision 42, dated May 19,
2022. (For obtaining this section of the Bombardier Global 6000
Airplane Flight Manual--Publication No. CSP 700-1V, use Document
Identification No. GL 6000 AFM.)
<bullet> Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-
off on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of
Supplement 35--Operation on Wet Grooved or Wet Porous Friction Course
Runways, of Chapter 7--Supplements of Bombardier Global 5000 Featuring
Global Vision Flight Deck Airplane Flight Manual--Publication No. CSP
700-5000-1V, Revision 42, dated May 19, 2022. (For obtaining this
section of the Bombardier Global 5000 Featuring Global Vision Flight
Deck Airplane Flight Manual--Publication No. CSP 700-5000-1V, use
Document Identification No. GL 5000 GVFD AFM.)
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 revising the existing AFM to correct
the affected performance charts.
Compliance With AFM Revisions
Transport Canada AD CF-2022-49, dated August 23, 2022, requires
operators to ``advise all flight crews'' of revisions to the AFM, and
thereafter to ``operate the aeroplane accordingly.'' However, this
proposed AD would not specifically require those actions as those
actions are already required by FAA regulations. FAA regulations
require operators furnish to pilots any changes to the AFM (for
example, 14 CFR 121.137), and to ensure the pilots are familiar with
the AFM (for example, 14 CFR 91.505). As with any other flight crew
training requirement, training on the updated AFM content is tracked by
the operators and recorded in each pilot's training record, which is
available for the FAA to review. FAA regulations also require pilots to
follow the procedures in the existing AFM including all updates.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 204 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 9217]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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1 work-hour x $85 per hour = $85............................. $0 $85 $17,340
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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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Bombardier, Inc.: Docket No. FAA-2023-0164; Project Identifier MCAI-
2022-01357-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 30, 2023.
(b) Affected ADs
This AD affects AD 2022-24-01, Amendment 39-22241 (88 FR 6976,
February 2, 2023) (AD 2022-24-01).
(c) Applicability
This AD applies to Bombardier, Inc., airplanes identified in
paragraphs (c)(1) and (2) of this AD, certificated in any category.
(1) Model BD-700-1A10 airplanes, serial numbers 9381, 9432
through 9860 inclusive, 9863 through 9867 inclusive, 9869 through
9871 inclusive, 9873, 9875 through 9878 inclusive, 60005, 60024,
60030, 60032, 60037, 60043, 60045, 60049, 60056, 60057, 60061, 60068
and 60072.
(2) Model BD-700-1A11 airplanes, serial numbers 9386, 9401, and
9445 through 9997 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by a report that certain airplane flight
manuals (AFMs) contain figures with incorrect performance charts for
landing on contaminated runways. The FAA is issuing this AD to
address incorrect AFM performance charts, which if not corrected,
could lead to longitudinal runway excursions.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) AFM Revision
Within 30 days after the effective date of this AD: Do the
applicable actions specified in paragraph (g)(1) and (2) of this AD.
(1) For Model BD-700-1A10 airplanes with a Global 6000 marketing
designation: Revise the existing AFM to incorporate the information
specified in Figure 07-35-2 and Figure 07-35-4 of paragraph A.,
Take-off on Wet Grooved or Wet PFC Runways, of Section 6--
Performance, of Supplement 35--Operation on Wet Grooved or Wet
Porous Friction Course Runways, of Chapter 7--Supplements of
Bombardier Global 6000 Airplane Flight Manual--Publication No. CSP
700-1V, Revision 42, dated May 19, 2022.
Note 1 to paragraph (g)(1): For obtaining this section of the
Bombardier Global 6000 Airplane Flight Manual--Publication No. CSP
700-1V, use Document Identification No. GL 6000 AFM.
(2) For Model BD-700-1A11 airplanes with a Global 5000 featuring
Global Vision Flight Deck (GVFD) marketing designation: Revise the
existing AFM to incorporate the information specified in Figure 07-
35-2 and Figure 07-35-4 of paragraph A., Take-off on Wet Grooved or
Wet PFC Runways, of Section 6--Performance, of Supplement 35--
Operation on Wet Grooved or Wet Porous Friction Course Runways, of
Chapter 7--Supplements of Bombardier Global 5000 Featuring Global
Vision Flight Deck Airplane Flight Manual--Publication No. CSP 700-
5000-1V, Revision 42, dated May 19, 2022.
Note 2 to paragraph (g)(2): For obtaining this section of the
Bombardier Global 5000 Featuring Global Vision Flight Deck Airplane
Flight Manual--Publication No. CSP 700-5000-1V, use Document
Identification No. GL 5000 GVFD AFM.
(h) Terminating Action for Certain Requirements of AD 2022-24-01
Accomplishing the AFM revision required by paragraph (g) of this
AD terminates the requirement in AD 2022-24-01 to incorporate Figure
07-35-2 and Figure 07-35-4 as part of the procedures specified in
paragraphs (g)(3)(viii) and (g)(5)(viii) of AD 2022-24-01.
(i) Additional FAA 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 responsible 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; 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.
[[Page 9218]]
(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 Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2022-49, dated August 23,
2022, for related information. This TCCA AD may be found in the AD
docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-0164.
(2) For more information about this AD, contact Gabriel Kim,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#0d34206c7b7e2063746c6e62206e627e4d6b6c6c236a627b"><span class="__cf_email__" data-cfemail="8fb6a2eef9fca2e1f6eeece0a2ece0fccfe9eeeea1e8e0f9">[email protected]</span></a>.
(k) 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) Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-off
on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of
Supplement 35--Operation on Wet Grooved or Wet Porous Friction
Course Runways, of Chapter 7--Supplements of Bombardier Global 6000
Airplane Flight Manual--Publication No. CSP 700-1V, Revision 42,
dated May 19, 2022.
Note 3 to paragraph (k)(2)(i): For obtaining this section of the
Bombardier Global 6000 Airplane Flight Manual--Publication No. CSP
700-1V, use Document Identification No. GL 6000 AFM.
(ii) Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-off
on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of
Supplement 35--Operation on Wet Grooved or Wet Porous Friction
Course Runways, of Chapter 7--Supplements of Bombardier Global 5000
Featuring Global Vision Flight Deck Airplane Flight Manual--
Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022.
Note 4 to paragraph (k)(2)(ii): For obtaining this section of
the Bombardier Global 5000 Featuring Global Vision Flight Deck
Airplane Flight Manual--Publication No. CSP 700-5000-1V, use
Document Identification No. GL 5000 GVFD AFM.
(3) For service information identified in this AD, contact
Bombardier, Inc., 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#177674396e627b5776726578392b76377f6572712a" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; internet
<a href="http://bombardier.com">bombardier.com</a>.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#096f7b2760677a796c6a7d6066674967687b68276e667f"><span class="__cf_email__" data-cfemail="ea8c98c48384999a8f899e838584aa848b988bc48d859c">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on February 7, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02938 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-13-P
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