[Federal Register Volume 89, Number 31 (Wednesday, February 14, 2024)]
[Rules and Regulations]
[Pages 11164-11167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02998]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1219; Project Identifier MCAI-2023-00004-T; 
Amendment 39-22651; AD 2023-26-08]
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 CL-600-2B16 (604 Variant) airplanes. 
This AD was prompted by a determination that a combination of system 
faults and procedural actions will cause the ground spoilers to deploy 
in the air. This AD requires revising the existing airplane flight 
manual (AFM) to add revised procedures. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective March 20, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 20, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1219; 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-2023-1219.

FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety 
Engineer, FAA, 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 CL-600-2B16 (604 Variant) airplanes. The NPRM published in 
the Federal Register on July 5, 2023 (88 FR 42886). The NPRM was 
prompted by AD CF-2023-01, dated January 4, 2023, issued by Transport 
Canada (hereafter referred to as the MCAI), which is the aviation 
authority for Canada. The MCAI states that, during an in-service event, 
a combination of system faults and procedural actions caused the ground 
spoilers to deploy in the air. During this event, the WOW [weight-on-
wheels] INPUT Caution message had posted on the engine indication and 
crew alerting system (EICSA) after takeoff. The WOW INPUT message 
persisted, even after the flightcrew executed the WOW INPUT Quick 
Reference Handbook (QRH) procedure. During this time, the GND SPLRS 
[ground spoilers] NOT ARMED message also posted, and the flightcrew 
consequently manually armed the ground spoilers as required by 
procedure. An investigation by Bombardier, Inc., revealed that a fault 
occurred in the proximity sensor electronic unit (PSEU), which 
erroneously indicated ON GROUND while the airplane was in the air.
    In the NPRM, the FAA proposed to require revision of the existing 
AFM to add revised procedures. The FAA is issuing this AD to address 
possible ground spoiler deployment leading to reduced controllability 
of the airplane, or excessive loss of altitude on final approach.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1219.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from a commenter who supported the 
NPRM without change.
    The FAA received additional comments from Bombardier. The following 
presents the comments received and the FAA's responses.

[[Page 11165]]

Request for Later-Approved Service Information

    Bombardier requested that the FAA change the AD to allow the use of 
the AFM revisions specified ``or later revisions approved by the FAA, 
TCCA [Transport Canada Civil Aviation], or the Bombardier DAO [Design 
Approval Organization].''
    The FAA disagrees with the commenter's request. The FAA may not 
refer to any future document that does not yet exist in an AD because 1 
CFR 51.1(f) states a publication's incorporation by reference is 
limited to its approved edition; future publication amendments or 
revisions are outside this inclusion.
    Further, paragraph (g) of this AD requires operators to incorporate 
``the information specified in'' the specified AFM documents. If 
operators incorporate a later revision of an AFM document that contains 
the same information as the specified AFM document, then they are in 
compliance with paragraph (g) of this AD. However, if there are changes 
to procedures in later revisions, operators may request an alternative 
method of compliance with this AD under the provisions of paragraph 
(h)(1) of this AD.

Additional Changes Made to This Final Rule

    In the NPRM, the FAA inadvertently referred to Sub-sub-section K, 
``Ground Spoilers Unsafe,'' of Bombardier Challenger 604 Airplane 
Flight Manual, Publication No. PSP 604-1, Revision 125, dated March 14, 
2022. The ``Ground Spoilers Unsafe,'' procedure of that document is 
actually ``Sub-sub-section L.'' Therefore, the FAA has revised all 
references of ``Sub-sub-section K'' to ``Sub-sub-section L.''

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, considered the 
comments received, 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, and any other changes described previously, 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 service information, which specifies 
revised Abnormal Procedures of the AFM for Ground Spoilers Unsafe and 
Weight-on-Wheels Input Fault procedures. These documents are distinct 
since they apply to different airplane models and configurations.
     Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight Controls,'' 
of Chapter 5, ABNORMAL PROCEDURES, of Bombardier Challenger 604 
Airplane Flight Manual, Publication No. PSP 604-1, Revision 125, dated 
March 14, 2022. (For obtaining Bombardier Challenger 604 Airplane 
Flight Manual, Publication No. PSP 604-1, use Document Identification 
No. CH 604 AFM.)
     Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 05-
16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, ABNORMAL 
PROCEDURES, of Bombardier Challenger 604 Airplane Flight Manual, 
Publication No. PSP 604-1, Revision 125, dated March 14, 2022. (For 
obtaining Bombardier Challenger 604 Airplane Flight Manual, Publication 
No. PSP 604-1, use Document Identification No. CH 604 AFM.)
     Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight Controls,'' 
of Chapter 5, ABNORMAL PROCEDURES, of Bombardier Challenger 605 
Airplane Flight Manual, Publication No. PSP 605-1, Revision 63, dated 
March 14, 2022. (For obtaining Bombardier Challenger 605 Airplane 
Flight Manual, Publication No. PSP 605-1, use Document Identification 
No. CH 605 AFM.)
     Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 05-
16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, ABNORMAL 
PROCEDURES, of Bombardier Challenger 605 Airplane Flight Manual, 
Publication No. PSP 605-1, Revision 63, dated March 14, 2022. (For 
obtaining Bombardier Challenger 605 Airplane Flight Manual, Publication 
No. PSP 605-1, use Document Identification No. CH 605 AFM.)
     Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight Controls,'' 
of Chapter 5, ABNORMAL PROCEDURES, of Bombardier Challenger 650 
Airplane Flight Manual, Publication No. PSP 650-1, Revision 28, dated 
March 14, 2022. (For obtaining Bombardier Challenger 650 Airplane 
Flight Manual, Publication No. PSP 650-1, use Document Identification 
No. CH 650 AFM.)
     Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 05-
16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, ABNORMAL 
PROCEDURES, of Bombardier Challenger 650 Airplane Flight Manual, 
Publication No. PSP 650-1, Revision 28, dated March 14, 2022. (For 
obtaining Bombardier Challenger 650 Airplane Flight Manual, Publication 
No. PSP 650-1, use Document Identification No. CH 650 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 44 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           $3,740
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[[Page 11166]]

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,
    (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:

2023-26-08 Bombardier, Inc.: Amendment 39-22651; Docket No. FAA-
2023-1219; Project Identifier MCAI-2023-00004-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 20, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604 
Variant) airplanes, certificated in any category, serial numbers (S/
N) 5301 through 5665 inclusive, 5701 through 5988 inclusive, and 
6050 through 6174 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that a combination of 
system faults and procedural actions will cause the ground spoilers 
to deploy in the air. The FAA is issuing this AD to address possible 
ground spoiler deployment in the air leading to reduced 
controllability of the airplane, or excessive loss of altitude on 
final approach.

(f) Compliance

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

(g) Revision of Existing AFM

    Within 60 days after the effective date of this AD: Do the 
applicable actions specified in paragraphs (g)(1) through (3) of 
this AD.
    (1) For Model CL-600-2B16 (604 variant) airplanes, S/N 5301 
through 5665 inclusive: Revise the existing airplane flight manual 
(AFM) to incorporate the information specified in paragraphs 
(g)(1)(i) and (ii) of this AD.
    (i) Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight 
Controls,'' of Chapter 5, ABNORMAL PROCEDURES, of Bombardier 
Challenger 604 Airplane Flight Manual, Publication No. PSP 604-1, 
Revision 125, dated March 14, 2022.
    (ii) Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 
05-16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, 
ABNORMAL PROCEDURES, of Bombardier Challenger 604 Airplane Flight 
Manual, Publication No. PSP 604-1, Revision 125, dated March 14, 
2022.

    Note 1 to paragraph (g)(1):  For obtaining Bombardier Challenger 
604 Airplane Flight Manual, Publication No. PSP 604-1, use Document 
Identification No. CH 604 AFM.

    (2) For Model CL-600-2B16 (604 variant) airplanes, S/N 5701 
through 5988 inclusive: Revise the existing AFM to incorporate the 
information specified in paragraphs (g)(2)(i) and (ii) of this AD.
    (i) Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight 
Controls,'' of Chapter 5, ABNORMAL PROCEDURES, of Bombardier 
Challenger 605 Airplane Flight Manual, Publication No. PSP 605-1, 
Revision 63, dated March 14, 2022.
    (ii) Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 
05-16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, 
ABNORMAL PROCEDURES, of Bombardier Challenger 605 Airplane Flight 
Manual, Publication No. PSP 605-1, Revision 63, dated March 14, 
2022.

    Note 2 to paragraph (g)(2):  For obtaining Bombardier Challenger 
605 Airplane Flight Manual, Publication No. PSP 605-1, use Document 
Identification No. CH 605 AFM.

    (3) For Model CL-600-2B16 (604 variant) airplanes, S/N 6050 
through 6174 inclusive: Revise the existing AFM to incorporate the 
information specified in paragraphs (g)(3)(i) and (ii) of this AD.
    (i) Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight 
Controls,'' of Chapter 5, ABNORMAL PROCEDURES, of Bombardier 
Challenger 650 Airplane Flight Manual, Publication No. PSP 650-1, 
Revision 28, dated March 14, 2022.
    (ii) Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 
05-16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, 
ABNORMAL PROCEDURES, of Bombardier Challenger 650 Airplane Flight 
Manual, Publication No. PSP 650-1, Revision 28, dated March 14, 
2022.

    Note 3 to paragraph (g)(3): For obtaining Bombardier Challenger 
650 Airplane Flight Manual, Publication No. PSP 650-1, use Document 
Identification No. CH 650 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (i)(2) of this AD. Information may be emailed to: [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, 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-2023-01, dated January 4, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1219.

[[Page 11167]]

    (2) For more information about this AD, contact William 
Reisenauer, 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) Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight 
Controls,'' of Chapter 5, ABNORMAL PROCEDURES, of Bombardier 
Challenger 604 Airplane Flight Manual, Publication No. PSP 604-1, 
Revision 125, dated March 14, 2022.

    Note 4 to paragraph (j)(2)(i): This note applies to paragraphs 
(j)(2)(i) and (ii) of this AD. For obtaining Bombardier Challenger 
604 Airplane Flight Manual, Publication No. PSP 604-1, use Document 
Identification No. CH 604 AFM.

    (ii) Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 
05-16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, 
ABNORMAL PROCEDURES, of Bombardier Challenger 604 Airplane Flight 
Manual, Publication No. PSP 604-1, Revision 125, dated March 14, 
2022.
    (iii) Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight 
Controls,'' of Chapter 5, ABNORMAL PROCEDURES, of Bombardier 
Challenger 605 Airplane Flight Manual, Publication No. PSP 605-1, 
Revision 63, dated March 14, 2022.

    Note 5 to paragraph (j)(2)(iii):  This note applies to 
paragraphs (j)(2)(iii) and (iv) of this AD. For obtaining Bombardier 
Challenger 605 Airplane Flight Manual, Publication No. PSP 605-1, 
use Document Identification No. CH 605 AFM.

    (iv) Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 
05-16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, 
ABNORMAL PROCEDURES, of Bombardier Challenger 605 Airplane Flight 
Manual, Publication No. PSP 605-1, Revision 63, dated March 14, 
2022.
    (v) Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight 
Controls,'' of Chapter 5, ABNORMAL PROCEDURES, of Bombardier 
Challenger 650 Airplane Flight Manual, Publication No. PSP 650-1, 
Revision 28, dated March 14, 2022.

    Note 6 to paragraph (j)(2)(v):  This note applies to paragraphs 
(j)(2)(v) and (vi) of this AD. For obtaining Bombardier Challenger 
650 Airplane Flight Manual, Publication No. PSP 650-1, use Document 
Identification No. CH 650 AFM.

    (vi) Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of 
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 
05-16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, 
ABNORMAL PROCEDURES, of Bombardier Challenger 650 Airplane Flight 
Manual, Publication No. PSP 650-1, Revision 28, dated March 14, 
2022.
    (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; 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 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 January 2, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-02998 Filed 2-13-24; 8:45 am
BILLING CODE 4910-13-P