[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Proposed Rules]
[Pages 93528-93530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27784]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 /
Proposed Rules
[[Page 93528]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2543; Project Identifier MCAI-2024-00342-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 adopt a new airworthiness directive (AD)
for all Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD
was prompted by the discovery that a partial loss of thrust after an
engine failure during a required navigation performance authorization
required (RNP-AR) approach under certain weight, altitude and
temperature (WAT) conditions, may lead to a descent below the specified
path guidance. This proposed AD would require a revision to the
existing airplane flight manual (AFM), to incorporate updated WAT
tables for RNP-AR approach operations. 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 January 13,
2025.
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-2024-2543; 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 Bombardier material identified in this proposed 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.
You may view this material 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: Joseph Catanzaro, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 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 proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2024-2543;
Project Identifier MCAI-2024-00342-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. 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
Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 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-2024-22, dated June 13, 2024 (Transport
Canada AD CF-2024-22) (also referred to after this as the MCAI), to
correct an unsafe condition on all Bombardier, Inc., Model BD-700-2A12
airplanes. The MCAI states that it was discovered that a partial loss
of thrust after an engine failure during an RNP-AR approach under
certain WAT conditions, may lead to a descent below 75 foot of the path
guidance, requiring a go-around. The resultant vertical deviation may
exceed allowable approach containment for obstacle clearance and may
largely reduce the safety margins in the missed approach.
The FAA is proposing 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__.
[[Page 93529]]
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed (Bombardier) Global 7500 Airplane Flight Manual
Temporary Revision TR-58, dated March 21, 2024. This material specifies
procedures to update WAT tables for RNP-AR approach operations to
contain possible vertical deviations within the 75 foot requirement.
This material 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
material referenced above. The FAA is issuing this NPRM after
determining that the 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 require a revision to the existing AFM to
incorporate updated WAT tables for RNP-AR approach operations that
contain possible vertical deviations within the 75 foot requirement.
Compliance With AFM Revisions
Transport Canada AD CF-2024-22 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 70 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
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 $5,950
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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
The FAA 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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 adding the following new airworthiness
directive:
Bombardier, Inc.: Docket No. FAA-2024-2543; Project Identifier MCAI-
2024-00342-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by January 13, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Bombardier, Inc., Model BD-700-2A12
airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Unsafe Condition
This AD was prompted by the discovery that a partial loss of
thrust after an engine failure during a required navigation
performance authorization required (RNP-AR) approach under certain
weight, altitude, and temperature (WAT) conditions, may lead to a
descent below 75 feet of the path guidance, requiring a go-around.
The resultant vertical deviation may exceed allowable approach
containment for obstacle clearance and may reduce the safety margins
in the missed approach.
[[Page 93530]]
(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 (Bombardier)
Global 7500 Airplane Flight Manual Temporary Revision TR-58, dated
March 21, 2024.
(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, send it to the attention of the
person identified in paragraph (i) of this AD and email 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
For more information about this AD, contact Joseph Catanzaro,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 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 material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) (Bombardier) Global 7500 Airplane Flight Manual Temporary
Revision TR-58, dated March 21, 2024.
(ii) Reserved
(3) For material 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 material 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 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-27784 Filed 11-26-24; 8:45 am]
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