[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Rules and Regulations]
[Pages 83349-83352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26257]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2152; Project Identifier MCAI-2023-00798-T; 
Amendment 39-22607; AD 2023-23-05]
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 a design review of the avionic architecture of the pitch 
trim indication and alerting system that revealed software errors could 
generate misleading pitch trim indication to the crew, leading to 
incorrect horizontal stabilizer positioning at takeoff. This AD 
requires revising the Emergency Procedures and Normal Procedures of the 
existing airplane flight manual (AFM) to ensure the horizontal 
stabilizer is correctly configured prior to takeoff. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 14, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 14, 
2023.
    The FAA must receive comments on this AD by January 16, 2024.

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-2023-2152; 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 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-2023-2152.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 83350]]

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-2023-2152; Project 
Identifier MCAI-2023-00798-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.
    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 Gabriel 
Kim, 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-2023-48, dated June 30, 2023 (Transport 
Canada AD CF-2023-48), to correct an unsafe condition on certain 
Bombardier, Inc., Model BD-100-1A10 airplanes. Transport Canada AD CF-
2023-48 states that a Bombardier design review of the avionic 
architecture of the pitch trim indication and alerting system has 
revealed that software errors in the input/output concentrator, data 
concentrator unit, and/or adaptive flight display could generate 
misleading pitch trim indication to the crew, leading to incorrect 
horizontal stabilizer positioning at takeoff. Incorrect horizontal 
stabilizer positioning at takeoff could result in an extreme pitch 
oscillation and subsequent loss of control of the airplane and serious 
injury to passengers.
    After Transport Canada AD CF-2023-48 was issued, Transport Canada 
notified the FAA that the required actions in Transport Canada AD CF-
2023-48 did not adequately address the unsafe condition, and that they 
planned to revise their AD accordingly. Subsequently, Transport Canada 
issued Transport Canada AD CF-2023-48R1, dated September 29, 2023 
(Transport Canada AD CF-2023-48R1) (referred to after this as the MCAI) 
as an interim solution while it further investigates the unsafe 
condition. The MCAI requires mandating new AFM procedures to ensure the 
flightcrew checks that the horizontal stabilizer is correctly 
configured to prevent misleading pitch trim indications, which could 
result in extreme pitch oscillation.
    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-2023-2152.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier temporary revisions:
     Bombardier Challenger 300 Temporary Revision TR-94-1, to 
Airplane Flight Manual (AFM) CSP 100-1, dated February 6, 2023;
     Bombardier Challenger 300 Temporary Revision TR-94-1, to 
AFM CSP 100-1 (Metric), dated February 6, 2023; and
     Bombardier Challenger 350 Temporary Revision TR-25-1, to 
AFM CH 350, dated February 6, 2023.
    This service information describes procedures for revising the 
Emergency Procedures and Normal Procedures of the existing AFM to 
ensure the horizontal stabilizer is correctly configured prior to 
takeoff. These documents are distinct since they apply to different 
airplane configurations.
    The FAA also reviewed the following checklists:
     ``Takeoff Configuration Warnings,'' of Chapter 3, 
``Emergency Procedures,'' of the Bombardier Challenger 350 AFM, 
Publication No. CH 350 AFM, Revision 38, dated May 11, 2023; and
     ``Before Starting Engines,'' of Chapter 4, ``Normal 
Procedures,'' of the Bombardier Challenger 350 AFM, Publication No. CH 
350 AFM, Revision 38, dated May 11, 2023.
    These checklists include the same information specified in 
Bombardier Challenger 350 Temporary Revision TR-25-1, to AFM CH 350, 
dated February 6, 2023, but with minor changes to text. (For obtaining 
the checklists 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.

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 revising the Emergency Procedures and Normal 
Procedures of the existing AFM to ensure the horizontal stabilizer is 
correctly configured prior to takeoff.

Compliance With AFM Revisions

    Transport Canada AD CF-2023-48R1 requires operators to ``advise all 
flight crews'' of revisions to the AFM, and thereafter to ``operate the 
aeroplane accordingly.'' However, this AD does not specifically require 
those actions as those actions are already required by FAA regulations. 
FAA regulations require that 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

[[Page 83351]]

operating limitations specified in the AFM. Therefore, including a 
requirement in this AD to operate the airplane according to the revised 
AFM would be redundant and unnecessary. Further, compliance with such a 
requirement in an AD would be impracticable to demonstrate or track on 
an ongoing basis; therefore, a requirement to operate the airplane in 
such a manner would be unenforceable.

Interim Action

    The FAA considers this AD to be an interim action. Transport Canada 
and Bombardier are still investigating the unsafe condition to 
determine if additional actions are necessary. If additional actions 
are determined to be necessary, the FAA may issue additional 
rulemaking.

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 software errors in the avionic architecture of the pitch trim 
indication could generate misleading pitch trim indication to the crew, 
leading to incorrect horizontal stabilizer positioning at takeoff, 
which could result in an extreme pitch oscillation and subsequent loss 
of control of the airplane and serious injury to passengers. 
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 740 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.............................             $85              $85          $62,900
----------------------------------------------------------------------------------------------------------------

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:

2023-23-05 Bombardier, Inc.: Amendment 39-22607; Docket No. FAA-
2023-2152; Project Identifier MCAI-2023-00798-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 14, 
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 20936 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Indicating/
Recording System; 27, Flight Controls.

(e) Reason

    This AD was prompted by a design review of the avionic 
architecture of the pitch trim indication and alerting system that 
revealed software errors could generate misleading pitch trim 
indication to the crew, leading to incorrect horizontal stabilizer 
positioning at takeoff. The FAA is issuing this AD to ensure the 
horizontal stabilizer is correctly

[[Page 83352]]

configured prior to takeoff. The unsafe condition, if not addressed, 
could result in an extreme pitch oscillation and subsequent loss of 
control of the airplane and serious injury to passengers.

(f) Compliance

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

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

    Within 60 days after the effective date of this AD, revise the 
Emergency Procedures in Section 03-35, and the Normal Procedures in 
Section 04-02, of the existing AFM to include the information 
specified in the service information identified in paragraph (g)(1) 
or (2), as applicable.
    (1) Bombardier Challenger 300 Temporary Revision TR-94-1, to 
Airplane Flight Manual (AFM) CSP 100-1, dated February 6, 2023; or 
Bombardier Challenger 300 Temporary Revision TR-94-1, to AFM CSP 
100-1 (Metric), dated February 6, 2023.
    (2) Bombardier Challenger 350 Temporary Revision TR-25-1, to AFM 
CH 350, dated February 6, 2023; or page 03-35-1, in checklist 
``Takeoff Configuration Warnings,'' of Chapter 3, ``Emergency 
Procedures,'' and page 04-02-10, in checklist ``Before Starting 
Engines,'' of Chapter 4, ``Normal Procedures,'' of the Bombardier 
Challenger 350 AFM, Publication No. CH 350 AFM, Revision 38, dated 
May 11, 2023.
    Note 1 to paragraph (g)(2): For obtaining the checklists 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 responsible Flight Standards 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. Information may be emailed to: 9-
[email protected]. 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'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-2023-48R1, dated September 
29, 2023, for related information. This Transport Canada AD may be 
found in the AD docket at regulations.gov under Docket No. FAA-2023-
2152.
    (2) For more information about this AD, contact Gabriel Kim, 
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) Bombardier Challenger 300 Temporary Revision TR-94-1, to 
Airplane Flight Manual (AFM) CSP 100-1, dated February 6, 2023.
    (ii) Bombardier Challenger 300 Temporary Revision TR-94-1, to 
AFM CSP 100-1 (Metric), dated February 6, 2023.
    (iii) Bombardier Challenger 350 Temporary Revision TR-25-1, to 
AFM CH 350, dated February 6, 2023.
    (iv) ``Takeoff Configuration Warnings,'' of Chapter 3, 
``Emergency Procedures,'' of the Bombardier Challenger 350 Airplane 
Flight Manual (AFM), Publication No. CH 350 AFM, Revision 38, dated 
May 11, 2023.
    Note 2 to paragraph (j)(2)(iv): For obtaining the checklists 
specified in paragraphs (j)(2)(iv) and (v) of this AD for the 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.
    (v) ``Before Starting Engines,'' of Chapter 4, ``Normal 
Procedures,'' of the Bombardier Challenger 350 AFM, Publication No. 
CH 350, Revision 38, dated May 11, 2023.
    (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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 16, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-26257 Filed 11-24-23; 5:00 pm]
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