[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7703-7705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02755]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1014; Project Identifier MCAI-2021-00428-T; 
Amendment 39-21928; AD 2022-03-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Bombardier, Inc., Model BD-100-1A10 airplanes. 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. This AD requires 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 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective March 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 17, 
2022.

ADDRESSES: For service information identified in this final rule, 
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 [email protected]; internet 
http://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

[[Page 7704]]

information on the availability of this material at the FAA, call 206-
231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1014.

Examining the AD Docket

    You may examine the AD docket on the internet 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

Discussion

    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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
1014.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Bombardier, Inc., 
Model BD-100-1A10 airplanes. The NPRM published in the Federal Register 
on November 26, 2021 (86 FR 67362). The NPRM 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 NPRM proposed to require revising 
the Non-Normal Procedures section of the existing AFM associated with 
the SECU EICAS messages. 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. See the MCAI for 
additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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.

Costs of Compliance

    The FAA estimates that this AD affects 654 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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

    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:

[[Page 7705]]

    (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 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 adding the following new airworthiness 
directive:

2022-03-11 Bombardier, Inc.: Amendment 39-21928; Docket No. FAA-
2021-1014; Project Identifier MCAI-2021-00428-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 17, 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.

(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].

(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 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.
    (ii) 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.
    (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 [email protected]; internet 
http://www.bombardier.com.
    (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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 21, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02755 Filed 2-9-22; 8:45 am]
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