[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21123-21126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07189]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-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 supersede Airworthiness Directive (AD) 
2020-07-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 airplanes. AD 2020-07-13 requires revising the existing airplane 
flight manual (AFM) to provide the flightcrew with new warnings for 
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' Since 
the FAA issued AD 2020-07-13, the procedures were revised to ensure 
that all applicable altitude capture modes utilized and annunciated in 
the affected fleet are included and to more clearly denote these 
altitude capture modes. This proposed AD would require revising the 
existing AFM to provide the flightcrew with new warnings for 
``Autoflight'' and ``Engine Failure in Climb During (V) ALTS CAP or (V) 
ALTV CAP.'' 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 May 25, 
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-2023-0662; 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: Steven Dzierzynski, Aerospace 
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7367; 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-2023-0662; Project Identifier 
MCAI-2022-00745-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.

[[Page 21124]]

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 Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical 
Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7367; 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

    The FAA issued AD 2020-07-13, Amendment 39-19892 (85 FR 20394, 
April 13, 2020) (AD 2020-07-13), for certain Bombardier, Inc., Model 
BD-100-1A10 airplanes. AD 2020-07-13 was prompted by an MCAI originated 
by Transport Canada, which is the aviation authority for Canada. 
Transport Canada issued AD CF-2019-12, dated April 3, 2019 (AD CF-2019-
12), to correct an unsafe condition.
    AD 2020-07-13 requires revising the existing AFM to provide the 
flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in 
Climb During ALTS CAP.'' The FAA issued AD 2020-07-13 to address the 
occurrence of an engine failure during or before a climb while in ALTS 
CAP or (V) ALTS CAP mode, as it could cause the airspeed to drop 
significantly below the safe operating speed and may require prompt 
flightcrew intervention to maintain a safe operating speed.

Actions Since AD 2020-07-13 was Issued

    Since the FAA issued AD 2020-07-13, Transport Canada superseded AD 
CF-2019-12 and issued Transport Canada AD CF-2019-12R1, dated June 9, 
2022 (referred to after this as the MCAI), to correct an unsafe 
condition on certain Bombardier, Inc., Model BD-100-1A10 airplanes. The 
MCAI states that during altitude capture flight, the flight guidance/
autopilot does not account for engine failure while capturing an 
altitude. The MCAI states that Transport Canada AD CF-2019-12 
referenced specific altitude capture modes but did not consider all 
possible available annunciated altitude capture modes used in the 
affected airplanes. Therefore, the MCAI mandates further updates to the 
Limitation and Emergency Procedures sections of the AFM to ensure that 
all applicable altitude capture modes utilized and annunciated in the 
affected fleet are included and more clearly denotes these altitude 
capture modes in these new procedures.
    The FAA is proposing this AD to address the occurrence of an engine 
failure during or before a climb while in altitude capture flight. The 
unsafe condition, if not addressed, could cause the airspeed to drop 
significantly below the safe operating speed and may require prompt 
flightcrew intervention to maintain a safe operating speed.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0662.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following service information, which provides 
new warnings for the ``Autoflight'' procedure in Section 02-04, 
``Systems Limitations,'' of the LIMITATIONS section; and ``Engine 
Failure in Climb During (V) ALTS CAP or (V) ALTV CAP,'' procedure in 
Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES section; of 
the applicable AFMs.
     Bombardier Challenger 300 Airplane Flight Manual (Imperial 
Version), Publication No. CSP 100-1, Revision 69, dated July 4, 2022. 
(For obtaining the procedures for Bombardier Challenger 300 AFM 
(Imperial Version), Publication No. CSP 100-1, use Document 
Identification No. CH 300 AFM-I.)
     Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022. (For 
obtaining the procedures for Bombardier Challenger 350 AFM, Publication 
No. CH 350 AFM, use Document Identification No. CH 350 AFM.)
    These documents are distinct since they apply to different airplane 
models in different 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.

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 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 retain none of the requirements of AD 2020-
07-13. This proposed AD would require revising the existing AFM to 
provide the flightcrew with new warnings for ``Autoflight'' and 
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.''

Compliance With AFM Revisions

    Transport Canada AD CF-2019-12R1 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 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 244 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

[[Page 21125]]



                                      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          $20,740
----------------------------------------------------------------------------------------------------------------

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 has 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) 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 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:
0
a. Removing Airworthiness Directive (AD) 2020-07-13, Amendment 39-19892 
(85 FR 20394, April 13, 2020); and
0
b. Adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2023-0662; Project Identifier MCAI-
2022-00745-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 25, 2023.

(b) Affected ADs

    This AD replaces AD 2020-07-13, Amendment 39-19892 (85 FR 20394, 
April 13, 2020) (AD 2020-07-13).

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20500 inclusive, and 20501 through 20867 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that during altitude capture 
flight, the flight guidance/autopilot does not account for engine 
failure while capturing an altitude. The FAA is issuing this AD to 
address the occurrence of an engine failure during or before a climb 
while in altitude capture flight. The unsafe condition, if not 
addressed, could cause the airspeed to drop significantly below the 
safe operating speed and may require prompt flightcrew intervention 
to maintain a safe operating speed.

(f) Compliance

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

(g) Revision of Existing Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD, revise the 
existing AFM to include the information specified in ``Autoflight'' 
procedure in Section 02-04, ``System Limitations,'' of the 
LIMITATIONS section, and ``Engine Failure in Climb During (V) ALTS 
CAP or (V) ALTV CAP,'' procedure in Section 03-32, ``Powerplant,'' 
of the EMERGENCY PROCEDURES section; of the Bombardier Challenger 
300 Airplane Flight Manual (Imperial Version), Publication No. CSP 
100-1, Revision 69, dated July 4, 2022 (for airplanes having serial 
numbers 20003 through 20500 inclusive); or the Bombardier Challenger 
350 Airplane Flight Manual, Publication No. CH 350 AFM, Revision 34, 
dated June 14, 2022 (for airplanes having serial numbers 20501 
through 20867 inclusive); as applicable.
    Note 1 to paragraph (g): For obtaining the procedures for 
Bombardier Challenger 300 AFM (Imperial Version), Publication No. 
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    Note 2 to paragraph (g): For obtaining the procedures for 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.

(h) Additional AD Provisions

    (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-2019-12R1, dated June 9, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0662.
    (2) For more information about this AD, contact Steven 
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7367; email [email protected].

[[Page 21126]]

(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 02-04, ``Systems Limitations,'' of the LIMITATIONS 
section, of the Bombardier Challenger 300 Airplane Flight Manual 
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated 
July 4, 2022.
    Note 1 to paragraph (j)(2)(i) of this AD: This note applies to 
paragraphs (j)(2)(i) and (ii). For obtaining the procedures for 
Bombardier Challenger 300 AFM (Imperial Version), Publication No. 
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    (ii) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES 
section, of the Bombardier Challenger 300 Airplane Flight Manual 
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated 
July 4, 2022.
    (iii) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS 
section, of the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    Note 2 to paragraph (j)(2)(iii): This note applies to paragraphs 
(j)(2)(iii) and (iv) of this AD. For obtaining the procedures for 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.
    (iv) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES 
section, of the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    (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 April 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07189 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P