[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Proposed Rules]
[Pages 7013-7016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00261]



[[Page 7013]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0010; Project Identifier MCAI-2022-01090-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 CL-600-2B16 (604 Variant) 
airplanes. This proposed AD was prompted by a determination that during 
certain modes, the flight guidance/autopilot does not account for 
engine failure while capturing an altitude. This proposed AD would 
require revising the existing airplane flight manual (AFM) to add new 
limitation and procedures. 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 March 20, 
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-2023-0010; 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 Bombardier 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: Chirayu Gupta, 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-2023-0010; Project Identifier 
MCAI-2022-01090-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 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 
Chirayu Gupta, 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-2022-45, dated August 11, 2022 (Transport 
Canada AD CF-2022-45) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Model CL-600-2B16 (604 Variant) 
airplanes. The MCAI states that during (V) ALTS CAP or (V) ALTV CAP 
modes, the flight guidance/autopilot does not account for engine 
failure while capturing an altitude. If an engine failure occurs during 
or before a climb while in one of these modes, the airspeed may 
decrease rapidly below the safe operating speed, and prompt crew 
intervention may be required to maintain a safe operating speed. 
Transport Canada AD CF-2022-45 requires updating the Limitation and 
Abnormal Procedures of the AFM for (V) ALTS CAP or (V) ALTV CAP modes 
to address the unsafe condition for the affected Model CL-600-2B16 (604 
Variant) airplanes. These updates include:
     A warning regarding the potential airspeed decay in the 
case of an engine failure during a climb while in (V) ALTS CAP or (V) 
ALTV CAP modes.
     A new procedure to adjust the pitch attitude to maintain 
the required operating airspeed in the case of an engine failure during 
a climb while in (V) ALTS CAP or (V) ALTV CAP modes.
    The unsafe condition, if not addressed, could result in the 
airplane failing to maintain a safe operating speed.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0010.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies 
revised Limitations and Abnormal Procedures of the AFM for (V) ALTS CAP 
or (V) ALTV CAP modes. These documents are distinct since they apply to 
different airplane models and configurations.
     Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--

[[Page 7014]]

LIMITATIONS of Bombardier Challenger 604 Airplane Flight Manual--
Publication No. PSP 604-1, Revision 120, dated December 8, 2020. (For 
obtaining this section of the Bombardier Challenger 604 Airplane Flight 
Manual--Publication No. PSP 604-1, use Document Identification No. CH 
604 AFM.)
     Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter 
5--ABNORMAL PROCEDURES; of Bombardier Challenger 604 Airplane Flight 
Manual--Publication No. PSP 604-1, Revision 120, dated December 8, 
2020. (For obtaining this section of the Bombardier Challenger 604 
Airplane Flight Manual--Publication No. PSP 604-1, use Document 
Identification No. CH 604 AFM.)
     Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of 
Bombardier Challenger 605 Airplane Flight Manual--Publication No. PSP 
605-1, Revision 58, dated December 8, 2020. (For obtaining this section 
of the Bombardier Challenger 605 Airplane Flight Manual--Publication 
No. PSP 605-1, use Document Identification No. CH 605 AFM.)
     Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter 
5--ABNORMAL PROCEDURES of Bombardier Challenger 605 Airplane Flight 
Manual--Publication No. PSP 605-1, Revision 58, dated December 8, 2020. 
(For obtaining this section of the Bombardier Challenger 605 Airplane 
Flight Manual--Publication No. PSP 605-1, use Document Identification 
No. CH 605 AFM.)
     Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of 
Bombardier Challenger 650 Airplane Flight Manual--Publication No. PSP 
650-1, Revision 23, dated December 8, 2020. (For obtaining this section 
of the Bombardier Challenger 650 Airplane Flight Manual--Publication 
No. PSP 650-1, use Document Identification No. CH 650 AFM.)
     Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter 
5--ABNORMAL PROCEDURES; of Bombardier Challenger 650 Airplane Flight 
Manual--Publication No. PSP 650-1, Revision 23, dated December 8, 2020. 
(For obtaining this section of the Bombardier Challenger 650 Airplane 
Flight Manual--Publication No. PSP 650-1, use Document Identification 
No. CH 650 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-2022-45 requires operators to ``advise all 
flight crews'' of revisions to the AFM, and thereafter to ``operate the 
affected aircraft 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 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 proposal, would 
affect 409 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $34,765
----------------------------------------------------------------------------------------------------------------

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.

[[Page 7015]]

    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-2023-0010; Project Identifier MCAI-
2022-01090-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604 
Variant) airplanes, certificated in any category, serial numbers (S/
N) 5301 through 5665 inclusive, 5701 through 5988 inclusive, and 
6050 through 6160 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Unsafe Condition

    This AD was prompted by a determination that during (V) ALTS CAP 
or (V) ALTV CAP modes, the flight guidance/autopilot does not 
account for engine failure while capturing an altitude. The FAA is 
issuing this AD to address the possible occurrence of an engine 
failure during or before a climb while in (V) ALTS CAP or (V) ALTV 
CAP modes, which could cause the airspeed to decrease rapidly. The 
unsafe condition, if not addressed, could result in the airplane 
failing to maintain a safe operating speed.

(f) Compliance

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

(g) Revision of Existing AFM

    Within 30 days after the effective date of this AD: Do the 
applicable actions specified in paragraph (g)(1) through (3) of this 
AD.
    (1) For Model CL-600-2B16 (604 variant), S/N 5301 through 5665 
inclusive: Revise the existing AFM to incorporate the information 
specified in paragraphs (g)(1)(i) and (ii) of this AD of Bombardier 
Challenger 604 Airplane Flight Manual--Publication No. PSP 604-1, 
Revision 120, dated December 8, 2020.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of 
Chapter 5--ABNORMAL PROCEDURES.
    Note 1 to paragraph (g)(1): For obtaining Bombardier Challenger 
604 Airplane Flight Manual--Publication No. PSP 604-1, use Document 
Identification No. CH 604 AFM.
    (2) For Model CL-600-2B16 (604 variant), S/N 5701 through 5988 
inclusive: Revise the existing AFM to incorporate the information 
specified in paragraphs (g)(2)(i) and (ii) of this AD of Bombardier 
Challenger 605 Airplane Flight Manual--Publication No. PSP 605-1, 
Revision 58, dated December 8, 2020.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of 
Chapter 5--ABNORMAL PROCEDURES.
    Note 2 to paragraph (g)(2): For obtaining Bombardier Challenger 
605 Airplane Flight Manual--Publication No. PSP 605-1, use Document 
Identification No. CH 605 AFM.
    (3) For Model CL-600-2B16 (604 variant), S/N 6050 through 6160 
inclusive: Revise the existing AFM to incorporate the information 
specified in paragraphs (g)(3)(i) and (ii) of this AD of Bombardier 
Challenger 650 Airplane Flight Manual--Publication No. PSP 650-1, 
Revision 23, dated December 8, 2020.
    (i) Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of 
Chapter 5--ABNORMAL PROCEDURES.
    Note 3 to paragraph (g)(3): For obtaining Bombardier Challenger 
650 Airplane Flight Manual--Publication No. PSP 650-1, use Document 
Identification No. CH 650 AFM.

(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-2022-45, dated August 11, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0010.
    (2) For more information about this AD, contact Chirayu Gupta, 
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) Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of 
Bombardier Challenger 604 Airplane Flight Manual--Publication No. 
PSP 604-1, Revision 120, dated December 8, 2020.
    Note 4 to paragraph (j)(2)(i): This note applies to paragraphs 
(j)(2)(i) and (ii) of this AD. For obtaining Bombardier Challenger 
604 Airplane Flight Manual--Publication No. PSP 604-1, use Document 
Identification No. CH 604 AFM.
    (ii) Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of 
Chapter 5--ABNORMAL PROCEDURES of Bombardier Challenger 604 Airplane 
Flight Manual--Publication No. PSP 604-1, Revision 120, dated 
December 8, 2020.
    (iii) Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems

[[Page 7016]]

Limitations, of Chapter 2--LIMITATIONS of Bombardier Challenger 605 
Airplane Flight Manual--Publication No. PSP 605-1, Revision 58, 
dated December 8, 2020.
    Note 5 to paragraph (j)(2)(iii): This note applies to paragraphs 
(j)(2)(iii) and (iv) of this AD. For obtaining Bombardier Challenger 
605 Airplane Flight Manual--Publication No. PSP 605-1, use Document 
Identification No. CH 605 AFM.
    (iv) Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of 
Chapter 5--ABNORMAL PROCEDURES of Bombardier Challenger 605 Airplane 
Flight Manual--Publication No. PSP 605-1, Revision 58, dated 
December 8, 2020.
    (v) Sub-section 2. ``Automatic Flight Control System,'' of 
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of 
Bombardier Challenger 650 Airplane Flight Manual--Publication No. 
PSP 650-1, Revision 23, dated December 8, 2020.
    Note 6 to paragraph (j)(2)(v): This note applies to paragraphs 
(j)(2)(v) and (vi) of this AD. For obtaining this section of the 
Bombardier Challenger 650 Airplane Flight Manual--Publication No. 
PSP 650-1, use Document Identification No. CH 650 AFM.
    (vi) Sub-sub-section B., ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine 
Procedures'' of section 05-03, ``Single Engine Procedures,'' of 
Chapter 5--ABNORMAL PROCEDURES of Bombardier Challenger 650 Airplane 
Flight Manual--Publication No. PSP 650-1, Revision 23, dated 
December 8, 2020.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 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; internet 
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 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00261 Filed 2-1-23; 8:45 am]
 BILLING CODE 4910-13-P