Rule2023-14769
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
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Published
July 12, 2023
Effective
July 27, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2023-03- 06, which applied to all Bombardier, Inc., Model BD-700-1A10 and BD- 700-1A11 airplanes. AD 2023-03-06 required revising the existing airplane flight manual (AFM) to incorporate limitations to mitigate identified hazards when in the presence of interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD 2023-03-06, the FAA determined that additional limitations are needed due to the continued deployment of new 5G C-Band stations whose signals are expected to cover most of the contiguous United States at transmission frequencies between 3.7-3.98 GHz. This AD requires revising the limitations section of the existing AFM to incorporate limitations prohibiting dispatch under a certain master minimum equipment list (MMEL) item. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
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[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Rules and Regulations]
[Pages 44205-44210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14769]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1406; Project Identifier MCAI-2023-00787-T;
Amendment 39-22500; AD 2023-13-15]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-03-
06, which applied to all Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes. AD 2023-03-06 required revising the existing
airplane flight manual (AFM) to incorporate limitations to mitigate
identified hazards when in the presence of interference from wireless
broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band) as
identified by Notices to Air Missions (NOTAMs). Since the FAA issued AD
2023-03-06, the FAA determined that additional limitations are needed
due to the continued deployment of new 5G C-Band stations whose signals
are expected to cover most of the contiguous United States at
transmission frequencies between 3.7-3.98 GHz. This AD requires
revising the limitations section of the existing AFM to incorporate
limitations prohibiting dispatch under a certain master minimum
equipment list (MMEL) item. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective July 27, 2023.
The FAA must receive comments on this AD by August 28, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
[[Page 44206]]
<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-2023-1406; 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, any comments received, and other
information. The street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 817-222-5390; email: <a href="/cdn-cgi/l/email-protection#bbd4cbdec9dacfd2d4d5dad7c8dadddecfc2fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="056a75607764716c6a6b646976646360717c456364642b626a73">[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-2023-1406; Project Identifier MCAI-
2023-00787-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 Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#234c53465142574a4c4d424f50424546575a634542420d444c55"><span class="__cf_email__" data-cfemail="acc3dcc9decdd8c5c3c2cdc0dfcdcac9d8d5eccacdcd82cbc3da">[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 AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), to address the effect of
interference from wireless broadband operations in the 5G C-Band on all
transport and commuter category airplanes equipped with a radio (also
known as radar) altimeter. AD 2021-23-12 was prompted by a
determination that radio altimeters cannot be relied upon to perform
their intended function if they experience interference from wireless
broadband operations in the 5G C-Band. AD 2021-23-12 required revising
the limitations section of the existing AFM to incorporate limitations
prohibiting certain operations, which require radio altimeter data to
land in low visibility conditions, when in the presence of 5G C-Band
interference as identified by NOTAMs. Transport Canada, which is the
aviation authority for Canada, issued corresponding AD CF-2021-52,
dated December 24, 2021, to prohibit certain flight operations
requiring radio altimeter data in U.S. airspace affected by 5G C-Band
wireless signals.
Transport Canada subsequently evaluated additional 5G-related
hazards presented by 5G C-Band interference on Bombardier Model BD-700-
1A10 and BD-700-1A11 airplanes and issued Transport Canada AD CF-2022-
60, dated November 4, 2022 (AD CF-2022-60). AD CF-2022-60 was prompted
by a determination that 5G C-Band interference can result in
unavailable or misleading radio altimeter information, adversely
affecting the performance of the automatic flight control system
(AFCS). Based on AD CF-2022-60, the FAA issued AD 2023-03-06, Amendment
39-22331 (88 FR 11784, February 24, 2023) (AD 2023-03-06), for all
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. AD 2023-
03-06 required revising the existing AFM to incorporate limitations
prohibiting dispatch under a certain MMEL item and prohibiting
autopilot and autothrottle operation below 400 feet above ground level
(AGL) when in the presence of 5G C-Band interference as identified by
NOTAMs. The FAA issued AD 2023-03-06 to address the effects of 5G C-
Band interference on the performance of the AFCS, which could result in
increased flightcrew workload and adversely affect the safe operation
of the airplane.
Actions Since AD 2023-03-06 Was Issued
The FAA subsequently determined that NOTAMs identifying the 5G
environment are no longer practical because of the continued deployment
of new 5G C-Band base stations, whose signals are expected to cover
most of the contiguous United States at transmission frequencies
between 3.7-3.98 GHz. Accordingly, the FAA superseded AD 2021-23-12 and
issued AD 2023-10-02 (88 FR 34065, May 26, 2023) (AD 2023-10-02). AD
2023-10-02 prohibits transport and commuter category airplanes from
performing certain low-visibility landing operations at any airport
unless they have upgraded their radio altimeters (i.e., are ``radio
altimeter tolerant'').
In addition, Transport Canada superseded AD CF-2022-60 and issued
Transport Canada AD CF-2023-44, dated June 26, 2023 (Transport Canada
AD CF-2023-44) (also referred to after this as ``the MCAI''), for all
Model BD-700-1A10 and BD-700-1A11 airplanes. Transport Canada
determined that although anomalies with the AFCS and autothrottle
remain possible in the presence of harmful interference, there are
sufficient mitigating factors such that Transport Canada no longer
considers this an unsafe condition. As a result, the MCAI removes the
AFM limitation on the AFCS and autothrottle. The MCAI also replaces the
prohibition of dispatch under a certain MMEL item at airports
identified by NOTAM with the same prohibition, for non-radio altimeter
tolerant airplanes, at all airports in the contiguous United States.
For radio altimeter tolerant airplanes, the MCAI does not prohibit
dispatch under the MMEL item at 5G C-Band mitigated airports (CMAs) as
identified in an FAA Domestic Notice. Transport Canada issued the MCAI
to prevent dispatch under MMEL item ``WOW
[[Page 44207]]
FAULT (ADVISORY)'' which, in combination with 5G interference and a
weight-on-wheels (WOW) signal failure, could result in the radio
altimeter deploying the two pairs of ground spoilers at heights above 7
feet AGL. This may lead to increased flightcrew workload and adversely
affect the safe operation 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-2023-1406.
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
referenced 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, before further flight, revising the AFM to
incorporate limitations prohibiting dispatch with use of a certain MMEL
item at all airports for non-radio altimeter tolerant airplanes. For
radio altimeter tolerant airplanes, the prohibited operations are
allowed at 5G CMAs as identified in an FAA Domestic Notice.
Interim Action
The FAA considers that this AD is an interim action. Once the
Technical Standard Order (TSO) standard for radio altimeters is
established, which will follow the existing international technical
consensus on the establishment of the minimum operational performance
standards (MOPS), the FAA anticipates that the MOPS will be
incorporated into the TSO. Once a new radio altimeter TSO is developed,
approved, and available, the FAA might consider additional rulemaking.
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 requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because dispatch under MMEL item ``WOW FAULT (ADVISORY),'' in
combination with 5G interference and a WOW signal failure, could result
in the radio altimeter deploying the two pairs of ground spoilers at
heights above 7 feet AGL. This may lead to increased flightcrew
workload and loss of continued safe flight and landing. To address this
unsafe condition, the actions required by this AD must be accomplished
before further flight. The FAA based this compliance time on the
changes to the 5G C-Band environment beginning on July 1, 2023. These
changes include increased wireless broadband deployment and
transmissions closer to the parameters authorized by the FCC.
Accordingly, 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 (RFA)
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 FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 165 airplanes of U.S.
registry of U.S. registry. The FAA estimates the following costs to
comply with this AD:
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\1\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
\2\ The estimated cost for this revision does not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a Model BD-700-1A10 or BD-700-1A11 transport category
airplane.
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM revision.......................... 1 work-hour x $85 \1\ $0 $85 \2\ $14,025
per hour = $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.
[[Page 44208]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
0
a. Removing Airworthiness Directive 2023-03-06, Amendment 39-22331 (88
FR 11784, February 24, 2023); and
0
b. Adding the following new airworthiness directive:
2023-13-15 Bombardier, Inc.: Amendment 39-22500; Docket No. FAA-
2023-1406; Project Identifier MCAI-2023-00787-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 27, 2023.
(b) Affected ADs
This AD replaces AD 2023-03-06, Amendment 39-22331 (88 FR 11784,
February 24, 2023) (AD 2023-03-06).
(c) Applicability
This AD applies to all Bombardier, Inc., Model BD-700-1A10 and
BD-700-1A11 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a recent determination
that this interference may affect other airplane systems using radio
altimeter data, including the ground spoiler deployment system. The
FAA is issuing this AD to address inadvertent ground spoiler
deployment in flight that could lead to increased flightcrew
workload and loss of continued safe flight and landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
(1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
(2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
(i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
BILLING CODE 4910-13-P
Figure 1 to Paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD at
Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR12JY23.027
(ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.
Figure 2 to Paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD at
Outside Interface of Aircraft Antenna
[[Page 44209]]
[GRAPHIC] [TIFF OMITTED] TR12JY23.028
(3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
(h) Airplane Flight Manual (AFM) Revision for Non-Radio Altimeter
Tolerant Airplanes: MMEL Restriction
For non-radio altimeter tolerant airplanes, before further
flight, revise the Limitations Section of the existing AFM to
include the information specified in figure 3 to paragraph (h) of
this AD. This may be done by inserting a copy of figure 3 to
paragraph (h) of this AD into the existing AFM.
Figure 3 to Paragraph (h)--AFM Revision for Non-Radio Altimeter
Tolerant Airplanes: MMEL Restriction
[GRAPHIC] [TIFF OMITTED] TR12JY23.029
(i) AFM Revision for Radio Altimeter Tolerant Airplanes: MMEL
Restriction
For radio altimeter tolerant airplanes, before further flight,
revise the Limitations Section of the existing AFM to include the
information specified in figure 4 to paragraph (i) of this AD. This
may be done by inserting a copy of figure 4 to paragraph (i) of this
AD into the existing AFM.
Figure 4 to Paragraph (i)--AFM Revision for Radio Altimeter Tolerant
Airplanes: MMEL Restriction
[[Page 44210]]
[GRAPHIC] [TIFF OMITTED] TR12JY23.030
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) The Manager, Operational Safety 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 Operational Safety Branch, send it to the
attention of the person identified in paragraph (k)(2) of this AD.
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#dd9c90929e9dbbbcbcf3bab2ab"><span class="__cf_email__" data-cfemail="3b7a7674787b5d5a5a155c544d">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(k) Related Information
(1) Refer to Transport Canada AD CF-2023-44, dated June 26,
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-2023-1406.
(2) For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#ee819e8b9c8f9a8781808f829d8f888b9a97ae888f8fc0898198"><span class="__cf_email__" data-cfemail="b9d6c9dccbd8cdd0d6d7d8d5cad8dfdccdc0f9dfd8d897ded6cf">[email protected]</span></a>.
(l) Material Incorporated by Reference
None.
Issued on July 3, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14769 Filed 7-7-23; 4:15 pm]
BILLING CODE 4910-13-C
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