Proposed Rule2023-07189
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
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Published
April 10, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2020-07-13, which applies to certain Bombardier, Inc., Model BD-100- 1A10 airplanes. AD 2020-07-13 requires revising the existing airplane flight manual (AFM) to provide the flightcrew with new warnings for "Autoflight" and "Engine Failure in Climb During ALTS CAP." Since the FAA issued AD 2020-07-13, the procedures were revised to ensure that all applicable altitude capture modes utilized and annunciated in the affected fleet are included and to more clearly denote these altitude capture modes. This proposed AD would require revising the existing AFM to provide the flightcrew with new warnings for "Autoflight" and "Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP." 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 68 (Monday, April 10, 2023)</title>
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[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21123-21126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07189]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-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 supersede Airworthiness Directive (AD)
2020-07-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 airplanes. AD 2020-07-13 requires revising the existing airplane
flight manual (AFM) to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' Since
the FAA issued AD 2020-07-13, the procedures were revised to ensure
that all applicable altitude capture modes utilized and annunciated in
the affected fleet are included and to more clearly denote these
altitude capture modes. This proposed AD would require revising the
existing AFM to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During (V) ALTS CAP or (V)
ALTV CAP.'' 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 May 25,
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-2023-0662; 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 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#6100024f18140d210004130e4f5d0041091304075c" 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> 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, 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#162f3b7760653b786f7775793b7579655670777738717960"><span class="__cf_email__" data-cfemail="d5ecf8b4a3a6f8bbacb4b6baf8b6baa695b3b4b4fbb2baa3">[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-2023-0662; Project Identifier
MCAI-2022-00745-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.
[[Page 21124]]
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, 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#51687c3027227c3f2830323e7c323e22113730307f363e27"><span class="__cf_email__" data-cfemail="1f26327e696c3271667e7c70327c706c5f797e7e31787069">[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
The FAA issued AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13), for certain Bombardier, Inc., Model
BD-100-1A10 airplanes. AD 2020-07-13 was prompted by an MCAI originated
by Transport Canada, which is the aviation authority for Canada.
Transport Canada issued AD CF-2019-12, dated April 3, 2019 (AD CF-2019-
12), to correct an unsafe condition.
AD 2020-07-13 requires revising the existing AFM to provide the
flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in
Climb During ALTS CAP.'' The FAA issued AD 2020-07-13 to address the
occurrence of an engine failure during or before a climb while in ALTS
CAP or (V) ALTS CAP mode, as it could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.
Actions Since AD 2020-07-13 was Issued
Since the FAA issued AD 2020-07-13, Transport Canada superseded AD
CF-2019-12 and issued Transport Canada AD CF-2019-12R1, dated June 9,
2022 (referred to after this as the MCAI), to correct an unsafe
condition on certain Bombardier, Inc., Model BD-100-1A10 airplanes. The
MCAI states that during altitude capture flight, the flight guidance/
autopilot does not account for engine failure while capturing an
altitude. The MCAI states that Transport Canada AD CF-2019-12
referenced specific altitude capture modes but did not consider all
possible available annunciated altitude capture modes used in the
affected airplanes. Therefore, the MCAI mandates further updates to the
Limitation and Emergency Procedures sections of the AFM to ensure that
all applicable altitude capture modes utilized and annunciated in the
affected fleet are included and more clearly denotes these altitude
capture modes in these new procedures.
The FAA is proposing this AD to address the occurrence of an engine
failure during or before a climb while in altitude capture flight. The
unsafe condition, if not addressed, could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0662.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information, which provides
new warnings for the ``Autoflight'' procedure in Section 02-04,
``Systems Limitations,'' of the LIMITATIONS section; and ``Engine
Failure in Climb During (V) ALTS CAP or (V) ALTV CAP,'' procedure in
Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES section; of
the applicable AFMs.
<bullet> Bombardier Challenger 300 Airplane Flight Manual (Imperial
Version), Publication No. CSP 100-1, Revision 69, dated July 4, 2022.
(For obtaining the procedures for Bombardier Challenger 300 AFM
(Imperial Version), Publication No. CSP 100-1, use Document
Identification No. CH 300 AFM-I.)
<bullet> Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022. (For
obtaining the procedures for Bombardier Challenger 350 AFM, Publication
No. CH 350 AFM, use Document Identification No. CH 350 AFM.)
These documents are distinct since they apply to different airplane
models in different 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 described above. The FAA is issuing this NPRM
after determining that 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 retain none of the requirements of AD 2020-
07-13. This proposed AD would require revising the existing AFM to
provide the flightcrew with new warnings for ``Autoflight'' and
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.''
Compliance With AFM Revisions
Transport Canada AD CF-2019-12R1 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 flightcrew 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. 14 CFR 91.9 requires that any
person operating a civil aircraft must comply with the operating
limitations specified in the AFM. Therefore, including a requirement in
this proposed AD to operate the airplane according to the revised AFM
would be redundant and unnecessary.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 244 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
[[Page 21125]]
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 $20,740
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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 has 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) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The 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:
0
a. Removing Airworthiness Directive (AD) 2020-07-13, Amendment 39-19892
(85 FR 20394, April 13, 2020); and
0
b. Adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2023-0662; Project Identifier MCAI-
2022-00745-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 25, 2023.
(b) Affected ADs
This AD replaces AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13).
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-100-1A10
airplanes, certificated in any category, serial numbers 20003
through 20500 inclusive, and 20501 through 20867 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 22, Auto flight.
(e) Reason
This AD was prompted by a report that during altitude capture
flight, the flight guidance/autopilot does not account for engine
failure while capturing an altitude. The FAA is issuing this AD to
address the occurrence of an engine failure during or before a climb
while in altitude capture flight. The unsafe condition, if not
addressed, could cause the airspeed to drop significantly below the
safe operating speed and may require prompt flightcrew intervention
to maintain a safe operating speed.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Existing Airplane Flight Manual (AFM)
Within 30 days after the effective date of this AD, revise the
existing AFM to include the information specified in ``Autoflight''
procedure in Section 02-04, ``System Limitations,'' of the
LIMITATIONS section, and ``Engine Failure in Climb During (V) ALTS
CAP or (V) ALTV CAP,'' procedure in Section 03-32, ``Powerplant,''
of the EMERGENCY PROCEDURES section; of the Bombardier Challenger
300 Airplane Flight Manual (Imperial Version), Publication No. CSP
100-1, Revision 69, dated July 4, 2022 (for airplanes having serial
numbers 20003 through 20500 inclusive); or the Bombardier Challenger
350 Airplane Flight Manual, Publication No. CH 350 AFM, Revision 34,
dated June 14, 2022 (for airplanes having serial numbers 20501
through 20867 inclusive); as applicable.
Note 1 to paragraph (g): For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial Version), Publication No.
CSP 100-1, use Document Identification No. CH 300 AFM-I.
Note 2 to paragraph (g): For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.
(h) Additional AD Provisions
(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 New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (i)(2) of this AD or
email to: <a href="/cdn-cgi/l/email-protection#635a4e0215104e0d1a02000c4e000c10230502024d040c15"><span class="__cf_email__" data-cfemail="efd6c28e999cc281968e8c80c28c809caf898e8ec1888099">[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, New York ACO
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.
(i) Additional Information
(1) Refer to Transport Canada AD CF-2019-12R1, dated June 9,
2022, 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-2023-0662.
(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#cdf4e0acbbbee0a3b4acaea2e0aea2be8dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="1f26327e696c3271667e7c70327c706c5f797e7e31787069">[email protected]</span></a>.
[[Page 21126]]
(j) 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) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section, of the Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated
July 4, 2022.
Note 1 to paragraph (j)(2)(i) of this AD: This note applies to
paragraphs (j)(2)(i) and (ii). For obtaining the procedures for
Bombardier Challenger 300 AFM (Imperial Version), Publication No.
CSP 100-1, use Document Identification No. CH 300 AFM-I.
(ii) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section, of the Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated
July 4, 2022.
(iii) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
Note 2 to paragraph (j)(2)(iii): This note applies to paragraphs
(j)(2)(iii) and (iv) of this AD. For obtaining the procedures for
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use
Document Identification No. CH 350 AFM.
(iv) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section, of the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
(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 <a href="/cdn-cgi/l/email-protection#6203014c1b170e220307100d4c5e03420a1007045f" 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) 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#791f0b5710170a091c1a0d1016173917180b18571e160f"><span class="__cf_email__" data-cfemail="7117035f181f0201141205181e1f311f1003105f161e07">[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 April 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07189 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P
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