[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2286-2292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00077]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1661; Project Identifier MCAI-2022-00714-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 adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by a report that in case of a 
flap, slat, or slat-flap failure in flight, resetting the slat flap 
control unit (SFCU) to clear the error using the airplane flight manual 
(AFM) could result in the stall protection computer (SPC) setting the 
low-speed cue to the most conservative stall advance mode. This 
proposed AD would require revising the non-normal procedures section of 
the existing AFM to provide the flightcrew with procedures for 
addressing failure warnings in the slat and flap control systems. 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 February 
27, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1661; 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:
     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 bombardier.com">ac.yul@aero.bombardier.com; website 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.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; 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-2022-1661; Project Identifier 
MCAI-2022-00714-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 
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

[[Page 2287]]

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 Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-30, dated June 3, 2022 (Transport 
Canada AD CF-2022-30) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
1A10 and BD-700-1A11 airplanes. The MCAI states in case of a flap, 
slat, or slat-flap failure in flight, resetting the SFCU to clear the 
error using the AFM could result in the SPC setting the low-speed cue 
to the most conservative stall advance mode instead of that published 
in the AFM. This condition could result in unexpected stall warnings 
(aural and visual) as well as stick shaker activation during approach 
for a landing, increasing flightcrew workload during a critical phase 
of flight. The higher landing speed could consequently require a 
greater landing distance and possible diversion to a longer runway.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1661.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information. This 
service information specifies procedures for revising the non-normal 
procedures section of the existing AFM to provide the flightcrew with 
procedures for addressing failure warnings in the slat and flap control 
systems. These documents are distinct since they apply to different 
airplane models.
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global Express AFM, Publication No. CSP 
700-1, Revision 112, dated May 19, 2022. (For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-1, use 
Document Identification No. GL 700 AFM-1.)
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global Express XRS AFM, Publication No. 
CSP 700-1A, Revision 112, dated May 19, 2022. (For obtaining the 
procedures for Bombardier Global Express XRS AFM, Publication No. CSP 
700-1A, use Document Identification No. GL 700 AFM-1A.)
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global 5000 AFM, Publication No. CSP 700-
5000-1, Revision 73, dated May 19, 2022. (For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-5000-1, use 
Document Identification No. GL 5000 AFM.)
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global 5000 AFM, Publication No. CSP 700-
5000-1V, Revision 42, dated May 19, 2022. (For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 5000 GVFD AFM.)
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global 5500 AFM, Publication No. CSP 700-
5500-1, Revision 14, dated May 19, 2022. (For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 5500 AFM.)
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global 6000 AFM, Publication No. CSP 700-
1V, Revision 42, dated May 19, 2022. (For obtaining the procedures for 
Bombardier Global Express AFM, Publication No. CSP 700-1V, use Document 
Identification No. GL 6000 AFM.)
     C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and Flap 
Control System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedure, of the Bombardier Global 6500 AFM, Publication No. CSP 700-
6500-1, Revision 14, dated May 19, 2022. (For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 6500 AFM.)
    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 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 accomplishing the actions specified 
in the service information already described.
    Transport Canada AD CF-2022-30 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

[[Page 2288]]

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 450 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          $38,250
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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 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-2022-1661; Project Identifier MCAI-
2022-00714-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 27, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, having serial 
numbers 9001 through 9998 inclusive and 60001 through 60097 
inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that in case of a flap, slat, 
or slat-flap failure in flight, resetting the slat flap control unit 
(SFCU) to clear the error using the airplane flight manual (AFM) 
could result in the stall protection computer (SPC) setting the low-
speed cue to the most conservative stall advance mode. The FAA is 
issuing this AD to address a flap, slat, or slat-flap failure 
warning. The unsafe condition, if not addressed, could result in 
unexpected stall warnings (aural and visual) as well as stick shaker 
activation during approach for a landing, increasing flightcrew 
workload during a critical phase of flight. The higher landing speed 
could consequently require a greater landing distance and possible 
diversion to a longer runway.

(f) Compliance

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

(g) Revision of the Existing AFM

    Within 30 days after the effective date of this AD: Revise the 
existing AFM to incorporate the information specified in the AFM 
sections of the applicable AFM revisions specified in figure 1 to 
paragraph (g) of this AD.

Figure 1 to paragraph (g)--AFM References

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(h) Additional 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 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: [email protected]. 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-2022-30, dated June 3, 2022, 
for related information. This Transport Canada AD may be found in 
the AD docket at regulations.gov under Docket No. FAA-2022-1661.
    (2) For more information about this AD, contact Elizabeth 
Dowling, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-Flap 
Fail (Caution), and F. Slat Fault (Caution) or Flap Fault (Caution) 
or Slat-Flap Fault (Caution) procedures of the Slat and Flap Control 
System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedures, of the Bombardier Global Express AFM, Publication No. 
CSP 700-1, Revision 112, dated May 19, 2022.

[[Page 2292]]

    Note 1 to paragraph (j)(2)(i): For obtaining the procedures for 
Bombardier Global Express AFM, Publication No. CSP 700-1, use 
Document Identification No. GL 700 AFM-1.
    (ii) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and 
Flap Control System, Section 05-10, Flight Controls, Chapter 5--Non 
Normal Procedures, of the Bombardier Global Express XRS AFM, 
Publication No. CSP 700-1A, Revision 112, dated May 19, 2022.
    Note 2 to paragraph (j)(2)(ii): For obtaining the procedures for 
Bombardier Global Express XRS AFM, Publication No. CSP 700-1A, use 
Document Identification No. GL 700 AFM-1A.
    (iii) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and 
Flap Control System, Section 05-10, Flight Controls, Chapter 5--Non 
Normal Procedures, of the Bombardier Global 5000 AFM, Publication 
No. CSP 700-5000-1, Revision 73, dated May 19, 2022.
    Note 3 to paragraph (j)(2)(iii): For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-5000-1, 
use Document Identification No. GL 5000 AFM.
    (iv) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and 
Flap Control System, Section 05-10, Flight Controls, Chapter 5--Non 
Normal Procedures, of the Bombardier Global 5000 AFM, Publication 
No. CSP 700-5000-1V, Revision 42, dated May 19, 2022.
    Note 4 to paragraph (j)(2)(iv): For obtaining the procedures for 
Bombardier Global Express AFM, Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 5000 GVFD AFM.
    (v) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-Flap 
Fail (Caution), and F. Slat Fault (Caution) or Flap Fault (Caution) 
or Slat-Flap Fault (Caution) procedures of the Slat and Flap Control 
System, Section 05-10, Flight Controls, Chapter 5--Non Normal 
Procedures, of the Bombardier Global 5500 AFM, Publication No. CSP 
700-5500-1, Revision 14, dated May 19, 2022.
    Note 5 to paragraph (j)(2)(v): For obtaining the procedures for 
Bombardier Global Express AFM, Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 5500 AFM.
    (vi) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and 
Flap Control System, Section 05-10, Flight Controls, Chapter 5--Non 
Normal Procedures, of the Bombardier Global 6000 AFM, Publication 
No. CSP 700-1V, Revision 42, dated May 19, 2022.
    Note 6 to paragraph (j)(2)(vi): For obtaining the procedures for 
Bombardier Global Express AFM, Publication No. CSP 700-1V, use 
Document Identification No. GL 6000 AFM.
    (vii) C. Flap Fail (Caution), D. Slat Fail (Caution), E. Slat-
Flap Fail (Caution), and F. Slat Fault (Caution) or Flap Fault 
(Caution) or Slat-Flap Fault (Caution) procedures of the Slat and 
Flap Control System, Section 05-10, Flight Controls, Chapter 5--Non 
Normal Procedures, of the Bombardier Global 6500 AFM, Publication 
No. CSP 700-6500-1, Revision 14, dated May 19, 2022.
    Note 7 to paragraph (j)(2)(vii): For obtaining the procedures 
for Bombardier Global Express AFM, Publication No. CSP 700-5000-1V, 
use Document Identification No. GL 6500 AFM.
    (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 bombardier.com">ac.yul@aero.bombardier.com; website 
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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00077 Filed 1-12-23; 8:45 am]
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