[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48067-48070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1500; Project Identifier MCAI-2023-00642-T; 
Amendment 39-22511; AD 2023-14-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was 
prompted by reports of unexpected pitch upset upon autopilot 
disconnect. This AD requires revising the Non-Normal Procedures section 
of the existing airplane flight manual (AFM) associated with Auto 
Flight. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective August 10, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 10, 
2023.
    The FAA must receive comments on this AD by September 11, 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-2023-1500; 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 
street address for Docket Operations is listed above.
    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 referenced service information at the 
FAA, Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, 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-2023-1500.

FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aviation Safety Engineer, 
FAA, 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 final rule. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2023-1500; Project 
Identifier MCAI-2023-00642-T'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
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 this final rule because of those comments.

[[Page 48068]]

    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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Deep 
Gaurav, Aviation Safety Engineer, FAA, 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-2023-26, dated May 3, 2023 (Transport 
Canada AD CF-2023-26) (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 several in-service events, the 
crew experienced an unexpected pitch upset upon autopilot disconnect. 
Investigations of these events identified that the airplane gained 
altitude via manual command of the elevator control surface without the 
use of the horizontal stabilizer pitch trim, even though the manual 
pitch trim was fully functional. The autopilot was then engaged while 
the airplane was in an out-of-trim condition. Subsequent disengagement 
of the autopilot when the horizontal stabilizer is not correctly 
trimmed can lead to high control column forces and difficulties in 
controlling the airplane.
    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-2023-1500.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following AFM procedures, which include a 
Caution to the Auto Flight Non-Normal Procedures, to instruct crews to 
minimize changes to airspeed and configuration when using the autopilot 
disconnect switch in an out-of-trim situation.
     Section 05-14, Auto Flight, of Chapter 05, Non-Normal 
Procedures, of the Bombardier Challenger 300 (Imperial Version) 
Airplane Flight Manual, Publication No. CSP 100-1, Revision 68, dated 
June 14, 2022. (For obtaining the procedures for Bombardier Challenger 
300 (Imperial Version) Airplane Flight Manual, Publication No. CSP 100-
1, use Document Identification No. CH 300 AFM-I.)
     Section 05-14, Auto Flight, of Chapter 05, Non-Normal 
Procedures, of the 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.)
    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 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 referenced above. The FAA is issuing this AD after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service 
information described previously.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because several events have occurred where the crew experienced an 
unexpected pitch upset upon autopilot disconnect. Such a result is 
hazardous as it could lead to high control column forces and 
difficulties in controlling the airplane. Accordingly, notice and 
opportunity for prior public comment are impracticable and contrary to 
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 338 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 48069]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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1 work-hour x $85 per hour = $85.............................              $0              $85          $28,730
----------------------------------------------------------------------------------------------------------------

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:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-14-11 Bombardier, Inc.: Amendment 39-22511; Docket No. FAA-
2023-1500; Project Identifier MCAI-2023-00642-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20910 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of unexpected pitch upset upon 
autopilot disconnect. The FAA is issuing this AD to address an 
unexpected pitch upset occurrence when the autopilot is engaged 
while the airplane is in an out-of-trim condition and later 
disengaged. The unsafe condition, if not addressed, could result in 
high control column forces and difficulties in controlling the 
airplane.

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 30 days after the effective date of this AD: revise the 
existing AFM to include the information specified in Section 05-14, 
Auto Flight, of Chapter 05, Non-Normal Procedures, of the Bombardier 
Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, Revision 68, dated June 14, 2022; or the 
Bombardier Challenger 350 Airplane Flight Manual, Publication No. CH 
350 AFM, Revision 34, dated June 14, 2022; 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

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to 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, International 
Validation 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-2023-26, dated May 3, 2023, 
for related information. This Transport Canada AD may be found in 
the AD docket at regulations.gov under Docket No. FAA-2023-1500.
    (2) For more information about this AD, contact Deep Gaurav, 
Aviation Safety Engineer, FAA, 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) Section 05-14, Auto Flight, of Chapter 05, Non-Normal 
Procedures, of the Bombardier Challenger 300 Airplane Flight Manual 
(Imperial Version), Publication No. CSP 100-1, Revision 68, dated 
June 14, 2022.
    Note 3 to paragraph (j)(2)(i): For obtaining this section of 
Bombardier Challenger 300 AFM (Imperial Version), Publication No. 
CSP 100-1, use Document Identification No. CH 300 AFM-I.
    (ii) Section 05-14, Auto Flight, of Chapter 05, Non-Normal 
Procedures, of the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    Note 4 to paragraph (j)(2)(ii): For obtaining this section of 
Bombardier Challenger 350

[[Page 48070]]

AFM, Publication No. CH 350 AFM, use Document Identification No. CH 
350 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 Street, 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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15862 Filed 7-24-23; 11:15 am]
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