[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Proposed Rules]
[Pages 9215-9218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02938]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0164; Project Identifier MCAI-2022-01357-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 certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by a report that certain 
airplane flight manuals (AFMs) contain figures with incorrect 
performance charts for landing on contaminated runways. This proposed 
AD would require revising the existing AFM to correct the affected 
performance charts. 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 30, 
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-2023-0164; 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, 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.
     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: Gabriel Kim, 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-2023-0164; Project Identifier 
MCAI-2022-01357-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

[[Page 9216]]

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 Gabriel Kim, 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-2022-49, dated August 23, 2022 (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 that it was discovered that the thrust reverser 
correction factors presented in certain AFM performance charts for 
landing on contaminated runways do not provide sufficient margin for 
stopping distances in certain conditions. If not corrected, use of the 
affected performance charts could lead to longitudinal runway 
excursions. To address the unsafe condition, Transport Canada issued 
Transport Canada AD CF-2021-35, dated October 26, 2021 (Transport 
Canada AD CF-2021-35) mandating certain AFM revisions that incorporate 
changes to the wet and contaminated runway stopping distance data. 
Transport Canada AD CF-2021-35 corresponds to FAA AD 2022-24-01, 
Amendment 39-22241 (88 FR 6976, February 2, 2023) (AD 2022-24-01).
    Since Transport Canada AD CF-2021-35 was issued, the MCAI states 
that it was discovered that the mandated AFM changes to Figures 07-35-2 
and 07-35-4 are incorrect in certain later revisions of two of the 
AFMs.
    The FAA is proposing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0164.

Relationship Between This NPRM and AD 2022-24-01

    Accomplishing the AFM revision required by paragraph (g) of this 
proposed AD terminates the requirement in AD 2022-24-01 to incorporate 
Figure 07-35-2 and Figure 07-35-4 as part of the procedures specified 
in paragraphs (g)(3)(viii) and (g)(5)(viii) of AD 2022-24-01.
    Operators that revise the existing AFM to incorporate Bombardier 
Global 6000 Airplane Flight Manual--Publication No. CSP 700-1V, 
Revision 42, dated May 19, 2022; and Bombardier Global 5000 Featuring 
Global Vision Flight Deck Airplane Flight Manual--Publication No. CSP 
700-5000-1V, Revision 42, dated May 19, 2022; meet the applicable 
requirements of paragraphs (g)(3)(viii) and (g)(5)(viii) of AD 2022-24-
01 and the proposed requirements of this AD.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which specifies 
revised AFM corrections to the performance charts for landing on 
contaminated runways. These documents are distinct since they apply to 
different airplane models and configurations.
     Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-
off on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of 
Supplement 35--Operation on Wet Grooved or Wet Porous Friction Course 
Runways, of Chapter 7--Supplements of Bombardier Global 6000 Airplane 
Flight Manual--Publication No. CSP 700-1V, Revision 42, dated May 19, 
2022. (For obtaining this section of the Bombardier Global 6000 
Airplane Flight Manual--Publication No. CSP 700-1V, use Document 
Identification No. GL 6000 AFM.)
     Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-
off on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of 
Supplement 35--Operation on Wet Grooved or Wet Porous Friction Course 
Runways, of Chapter 7--Supplements of Bombardier Global 5000 Featuring 
Global Vision Flight Deck Airplane Flight Manual--Publication No. CSP 
700-5000-1V, Revision 42, dated May 19, 2022. (For obtaining this 
section of the Bombardier Global 5000 Featuring Global Vision Flight 
Deck Airplane Flight Manual--Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 5000 GVFD 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 revising the existing AFM to correct 
the affected performance charts.

Compliance With AFM Revisions

    Transport Canada AD CF-2022-49, dated August 23, 2022, 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 flight crew 
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.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 204 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 9217]]



                                      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          $17,340
----------------------------------------------------------------------------------------------------------------

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-2023-0164; Project Identifier MCAI-
2022-01357-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 30, 2023.

(b) Affected ADs

    This AD affects AD 2022-24-01, Amendment 39-22241 (88 FR 6976, 
February 2, 2023) (AD 2022-24-01).

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes identified in 
paragraphs (c)(1) and (2) of this AD, certificated in any category.
    (1) Model BD-700-1A10 airplanes, serial numbers 9381, 9432 
through 9860 inclusive, 9863 through 9867 inclusive, 9869 through 
9871 inclusive, 9873, 9875 through 9878 inclusive, 60005, 60024, 
60030, 60032, 60037, 60043, 60045, 60049, 60056, 60057, 60061, 60068 
and 60072.
    (2) Model BD-700-1A11 airplanes, serial numbers 9386, 9401, and 
9445 through 9997 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that certain airplane flight 
manuals (AFMs) contain figures with incorrect performance charts for 
landing on contaminated runways. The FAA is issuing this AD to 
address incorrect AFM performance charts, which if not corrected, 
could lead to longitudinal runway excursions.

(f) Compliance

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

(g) AFM Revision

    Within 30 days after the effective date of this AD: Do the 
applicable actions specified in paragraph (g)(1) and (2) of this AD.
    (1) For Model BD-700-1A10 airplanes with a Global 6000 marketing 
designation: Revise the existing AFM to incorporate the information 
specified in Figure 07-35-2 and Figure 07-35-4 of paragraph A., 
Take-off on Wet Grooved or Wet PFC Runways, of Section 6--
Performance, of Supplement 35--Operation on Wet Grooved or Wet 
Porous Friction Course Runways, of Chapter 7--Supplements of 
Bombardier Global 6000 Airplane Flight Manual--Publication No. CSP 
700-1V, Revision 42, dated May 19, 2022.
    Note 1 to paragraph (g)(1): For obtaining this section of the 
Bombardier Global 6000 Airplane Flight Manual--Publication No. CSP 
700-1V, use Document Identification No. GL 6000 AFM.
    (2) For Model BD-700-1A11 airplanes with a Global 5000 featuring 
Global Vision Flight Deck (GVFD) marketing designation: Revise the 
existing AFM to incorporate the information specified in Figure 07-
35-2 and Figure 07-35-4 of paragraph A., Take-off on Wet Grooved or 
Wet PFC Runways, of Section 6--Performance, of Supplement 35--
Operation on Wet Grooved or Wet Porous Friction Course Runways, of 
Chapter 7--Supplements of Bombardier Global 5000 Featuring Global 
Vision Flight Deck Airplane Flight Manual--Publication No. CSP 700-
5000-1V, Revision 42, dated May 19, 2022.
    Note 2 to paragraph (g)(2): For obtaining this section of the 
Bombardier Global 5000 Featuring Global Vision Flight Deck Airplane 
Flight Manual--Publication No. CSP 700-5000-1V, use Document 
Identification No. GL 5000 GVFD AFM.

(h) Terminating Action for Certain Requirements of AD 2022-24-01

    Accomplishing the AFM revision required by paragraph (g) of this 
AD terminates the requirement in AD 2022-24-01 to incorporate Figure 
07-35-2 and Figure 07-35-4 as part of the procedures specified in 
paragraphs (g)(3)(viii) and (g)(5)(viii) of AD 2022-24-01.

(i) Additional 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. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the responsible Flight 
Standards Office.

[[Page 9218]]

    (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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-49, dated August 23, 
2022, for related information. This TCCA AD may be found in the AD 
docket at regulations.gov under Docket No. FAA-2023-0164.
    (2) For more information about this AD, contact Gabriel Kim, 
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].

(k) 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) Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-off 
on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of 
Supplement 35--Operation on Wet Grooved or Wet Porous Friction 
Course Runways, of Chapter 7--Supplements of Bombardier Global 6000 
Airplane Flight Manual--Publication No. CSP 700-1V, Revision 42, 
dated May 19, 2022.
    Note 3 to paragraph (k)(2)(i): For obtaining this section of the 
Bombardier Global 6000 Airplane Flight Manual--Publication No. CSP 
700-1V, use Document Identification No. GL 6000 AFM.
    (ii) Figure 07-35-2 and Figure 07-35-4 of paragraph A., Take-off 
on Wet Grooved or Wet PFC Runways, of Section 6--Performance, of 
Supplement 35--Operation on Wet Grooved or Wet Porous Friction 
Course Runways, of Chapter 7--Supplements of Bombardier Global 5000 
Featuring Global Vision Flight Deck Airplane Flight Manual--
Publication No. CSP 700-5000-1V, Revision 42, dated May 19, 2022.
    Note 4 to paragraph (k)(2)(ii): For obtaining this section of 
the Bombardier Global 5000 Featuring Global Vision Flight Deck 
Airplane Flight Manual--Publication No. CSP 700-5000-1V, use 
Document Identification No. GL 5000 GVFD AFM.
    (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 February 7, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02938 Filed 2-10-23; 8:45 am]
BILLING CODE 4910-13-P