[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67362-67364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25618]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / 
Proposed Rules  

[[Page 67362]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1014; Project Identifier MCAI-2021-00428-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Bombardier, Inc., Model BD-100-1A10 airplanes. This proposed AD 
was prompted by a report that the design of the spoiler control system 
causes certain engine indication and crew alerting system (EICAS) 
messages to be posted intermittently and repetitively during flight and 
on the ground, and flightcrews must action the appropriate checklist 
each time these messages appear. This proposed AD would require 
revising the Non-Normal Procedures section of the existing airplane 
flight manual (AFM) associated with the spoiler electronic control unit 
(SECU) EICAS messages. 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 January 10, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 2A3, Canada; North America toll-free telephone 1-866-538-1247 or 
direct-dial telephone 1-514-855-2999; email [email protected]; 
internet https://www.bombardier.com. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1014; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
fax 516-794-5531; email [email protected].

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-2021-1014; Project Identifier 
MCAI-2021-00428-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 
https://www.regulations.gov, 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 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 
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; fax 516-794-5531; email [email protected]. 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 Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-14, dated April 7, 
2021 (also referred to after this as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Bombardier, Inc., Model BD-100-1A10 airplanes. You may examine 
the MCAI in the AD docket at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-1014.
    This proposed AD was prompted by a report that the design of the 
spoiler control system causes certain EICAS messages to be posted 
intermittently and repetitively during flight and on the ground, and 
flightcrews must action the appropriate checklist each time these 
messages appear. The FAA is proposing this AD to address intermittent 
and

[[Page 67363]]

repetitive messaging, which increases overall workload and introduces a 
risk that flightcrews could become desensitized over time to the 
messages. This could result in the required checklist not being carried 
out or completed, and could adversely affect the airplane's continued 
safe flight and landing. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following AFM procedures, which include a 
Caution and a Note to the SPOILERS FAULT (C) Non-Normal Procedures, to 
reinforce the importance of completing the procedure in its entirety 
each time the message appears.
     Section 05-23, Flight Controls, of Chapter 05, Non-Normal 
Procedures, of the Bombardier Challenger 300 (Imperial Version) 
Airplane Flight Manual, Publication No. CSP 100-1, Revision 61, dated 
September 25, 2020. (For obtaining this section of the Bombardier 
Challenger 300 (Imperial Version) Airplane Flight Manual, Publication 
No. CSP 100-1, use Document Identification No. CH 300 AFM-I.)
     Section 05-23, Flight Controls, of Chapter 05, Non-Normal 
Procedures, of the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 27, dated September 25, 2020.
    These documents are distinct since they apply to different airplane 
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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
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 AFMs already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 654 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $55,590
----------------------------------------------------------------------------------------------------------------

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-2021-1014; Project Identifier MCAI-
2021-00428-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-100-1A10 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Unsafe Condition

    This AD was prompted by a report that the design of the spoiler 
control system causes certain engine indication and crew alerting 
system (EICAS) messages to be posted intermittently and repetitively 
during flight and on the ground, and flightcrews must action the 
appropriate checklist each time these messages appear. The FAA is 
issuing this AD to address intermittent and repetitive messaging, 
which increases overall workload and introduces a risk that 
flightcrews could become desensitized over time to the messages. 
This could result in the required checklist not being carried out or 
completed, and could adversely affect the airplane's continued safe 
flight and landing.

[[Page 67364]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of the Airplane Flight Manual (AFM)

    Within 60 days after the effective date of this AD: Revise the 
existing AFM to incorporate the information specified in Section 05-
23, Flight Controls, of Chapter 05, Non-Normal Procedures, of the 
AFM revisions specified in paragraphs (g)(1) and (2) of this AD, as 
applicable.
    (1) Bombardier Challenger 300 (Imperial Version) Airplane Flight 
Manual, Publication No. CSP 100-1, Revision 61, dated September 25, 
2020.
    Note 1 to paragraph (g)(1): For obtaining this section of the 
Bombardier Challenger 300 (Imperial Version) Airplane Flight Manual, 
Publication No. CSP 100-1, use Document Identification No. CH 300 
AFM-I.
    (2) Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 27, dated September 25, 2020.

(h) Other 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; fax 516-794-5531. 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 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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-14, dated April 7, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2021-1014.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; fax 516-794-5531; email [email protected].
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email 
[email protected]; internet https://www.bombardier.com. 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.

    Issued on November 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25618 Filed 11-24-21; 8:45 am]
BILLING CODE 4910-13-P