[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20754-20760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07134]


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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; 
Amendment 39-22380; AD 2023-05-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. 
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. This AD requires 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 issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective May 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 12, 2023.

ADDRESSES: 
    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 final rule, the mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
     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 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. It is also available at 
regulations.gov under Docket No. FAA-2022-1661.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published 
in the Federal Register on January 13, 2023 (88 FR 2286). The NPRM was 
prompted by AD CF-2022-30, dated June 3, 2022, (referred to after this 
as the MCAI) issued by Transport Canada, which is the aviation 
authority for Canada. 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.
    In the NPRM, the FAA proposed to 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 issuing 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-2022-1661.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

[[Page 20755]]

Conclusion

    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 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

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.

Costs of Compliance

    The FAA estimates that this AD affects 450 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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          $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

    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 20756]]

    (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:

2023-05-11 Bombardier, Inc.: Amendment 39-22380; Docket No. FAA-
2022-1661; Project Identifier MCAI-2022-00714-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 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

[[Page 20757]]

[GRAPHIC] [TIFF OMITTED] TR07AP23.012


[[Page 20758]]


[GRAPHIC] [TIFF OMITTED] TR07AP23.013


[[Page 20759]]


[GRAPHIC] [TIFF OMITTED] TR07AP23.014

(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 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) 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.
    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.

[[Page 20760]]

    (ii) 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) 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) 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) 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) 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) 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 March 9, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07134 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P