Rule2023-14770
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
July 12, 2023
Effective
July 27, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2023-06- 13, which applied to all Bombardier, Inc., Model BD-700-2A12 airplanes. AD 2023-06-13 required revising the existing airplane flight manual (AFM) with new limitations to mitigate identified hazards due to 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 2023-06-13, 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 certain master minimum equipment list (MMEL) items. 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 44194-44200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14770]
[[Page 44194]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1407; Project Identifier MCAI-2023-00788-T;
Amendment 39-22501; AD 2023-14-01]
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) 2023-06-
13, which applied to all Bombardier, Inc., Model BD-700-2A12 airplanes.
AD 2023-06-13 required revising the existing airplane flight manual
(AFM) with new limitations to mitigate identified hazards due to
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 2023-06-13, 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 certain
master minimum equipment list (MMEL) items. 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:
<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-2023-1407; 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#761906130417021f1918171a05171013020f3610171758111900"><span class="__cf_email__" data-cfemail="9ff0effaedfeebf6f0f1fef3ecfef9faebe6dff9fefeb1f8f0e9">[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-2023-1407; Project Identifier MCAI-
2023-00788-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#b8d7c8ddcad9ccd1d7d6d9d4cbd9deddccc1f8ded9d996dfd7ce"><span class="__cf_email__" data-cfemail="a4cbd4c1d6c5d0cdcbcac5c8d7c5c2c1d0dde4c2c5c58ac3cbd2">[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 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-
2A12 airplanes and issued Transport Canada AD CF-2022-61, dated
November 4, 2022 (AD CF-2022-61). AD CF-2022-61 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) and fly-by-
wire systems. Based on AD CF-2021-52, the FAA issued AD 2023-06-13,
Amendment 39-22399 (88 FR 19811, April 4, 2023) (AD 2023-06-13), for
all Bombardier, Inc., Model BD-700-2A12 airplanes. AD 2023-06-13
required revising the existing AFM to incorporate limitations
prohibiting dispatch under a certain MMEL items and prohibiting
autopilot and autothrottle operation below 400 feet above ground level
when in the presence of 5G C-Band interference as identified by NOTAMs.
The FAA issued AD 2023-06-13 to address the effects of 5G C-Band
interference on the performance of the AFCS, which could
[[Page 44195]]
result in increased flightcrew workload and adversely affect the safe
operation of the airplane.
Actions Since AD 2023-06-13 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-2022-61 and issued
Transport Canada AD CF-2023-45, dated June 26, 2023 (Transport Canada
AD CF-2023-45) (also referred to after this as ``the MCAI''), for all
Model BD-700-1A12 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 certain MMEL items 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 items at
5G C-Band mitigated airports (CMAs) as identified in an FAA Domestic
Notice. Transport Canada issued the MCAI to prevent dispatch under
certain MMEL items which, in combination with 5G interference and a
weight-on-wheels (WOW) signal failure, could result in inadvertent
ground spoiler deployment in flight, reversion to ground mode control
laws in the air, or air mode control laws on the ground.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1407.
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 certain MMEL items 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 certain MMEL items, in combination with 5G
interference and a WOW signal failure, could result in inadvertent
ground spoiler deployment in flight, reversion to ground mode control
laws in the air, or air mode control laws on the ground. This may lead
to 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), and this AD.
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 52 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
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 revisions......................... 1 work-hour x $85 \1\ $0 $85 \2\ $4,420
per hour = $85.
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[[Page 44196]]
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.
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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-700-2A12 transport category airplane.
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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.
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 2023-06-13, Amendment 39 22399 (88
FR 19811, April 4, 2023); and
0
b. Adding the following new airworthiness directive:
2023-14-01 Bombardier, Inc.: Amendment 39-22501; Docket No. FAA-
2023-1407; Project Identifier MCAI-2023-00788-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 27, 2023.
(b) Affected ADs
This AD replaces AD 2023-06-13, Amendment 39-22399 (88 FR 19811,
April 4, 2023) (AD 2023-06-13).
(c) Applicability
This AD applies to all Bombardier, Inc., Model BD-700-2A12
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 the ground spoiler deployment
system, ground mode control laws, and air mode control laws. 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.
[[Page 44197]]
Figure 1 to Paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD at
Outside Interface of Aircraft Antenna
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[GRAPHIC] [TIFF OMITTED] TR12JY23.031
(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.
[[Page 44198]]
Figure 2 to Paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD at
Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR12JY23.032
(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
[[Page 44199]]
[GRAPHIC] [TIFF OMITTED] TR12JY23.033
(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
[GRAPHIC] [TIFF OMITTED] TR12JY23.034
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): 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
[[Page 44200]]
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#bbfaf6f4f8fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="aaebe7e5e9eacccbcb84cdc5dc">[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) Additional Information
(1) Refer to Transport Canada AD CF-2023-45, 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-2023-1407.
(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#8ce3fce9feedf8e5e3e2ede0ffedeae9f8f5cceaededa2ebe3fa"><span class="__cf_email__" data-cfemail="4827382d3a293c21272629243b292e2d3c31082e2929662f273e">[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. 2023-14770 Filed 7-7-23; 4:15 pm]
BILLING CODE 4910-13-C
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