[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Rules and Regulations]
[Pages 34125-34128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12242]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0596; Project Identifier MCAI-2022-00150-T; 
Amendment 39-22073; AD 2022-12-02]
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 all 
Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was prompted by 
a report of multiple in-service events where, following a STAB TRIM 
FAULT advisory message and auto-pilot disconnect, flightcrew commands 
for a nose-up trim resulted in nose-down trim movement of the 
horizontal stabilizer instead. This AD requires revising the existing 
airplane flight manual (AFM) to provide the flightcrew with 
instructions for an expanded pre-flight check of the pitch trim, trim 
malfunction procedures, and revised ``AP STAB TRIM FAIL'' caution and 
``STAB TRIM FAULT'' advisory procedures. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD becomes effective June 21, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 21, 
2022.
    The FAA must receive comments on this AD by July 21, 2022.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Bombardier

[[Page 34126]]

Business Aircraft Customer Response Center, 400 C[ocirc]te-Vertu Road 
West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-2999; 
email [email protected]; internet https://www.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 on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0596.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0596; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, any comments received, and other information. The 
street address for the Docket Operations office is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 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 AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0596; Project Identifier MCAI-
2022-00150-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 
https://www.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 
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 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.

Discussion

    Transport Canada Civil Aviation (TCCA) which is the aviation 
authority for Canada, has issued TCCA AD CF-2022-03, dated February 1, 
2022 (TCCA AD CF-2022-03) (referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for all Bombardier, Inc., Model BD-100-1A10 airplanes. 
You may examine the MCAI on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0596.
    This AD was prompted by a report of multiple in-service events 
where, following a STAB TRIM FAULT advisory message and auto-pilot 
disconnect, flightcrew commands for a nose-up trim resulted in nose-
down trim movement of the horizontal stabilizer instead. In some 
events, the horizontal stabilizer reached the full airplane nose-down 
trim position before the crew recognized the nature of the problem. The 
FAA is issuing this AD to address uncommanded horizontal stabilizer 
motion, which could result in increased crew workload and reduced 
safety margins; and if the flightcrew is unable to regain control of 
the horizontal stabilizer, would result in loss of control of the 
airplane and excessive high control forces. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information which 
includes the ``Before Starting Engines'' checklist in Chapter 04--
Normal Procedures, of the AFM:
     Bombardier Challenger 300 AFM (Imperial Version), CSP 100-
1, Revision 67, dated March 29, 2022;
     Bombardier Challenger 300 AFM (Metric Version), CSP 100-1 
(METRIC), Revision 67, dated March 29, 2022;
     Bombardier Challenger 350 AFM, CH 350, Revision 33, dated 
March 29, 2022.
    This service information describes instructions for an expanded 
pre-flight check of the pitch trim. These documents are distinct since 
they apply to different airplane configurations.
    Bombardier has also issued the following service information:
     Challenger 300 Temporary Revision TR-92, dated December 
20, 2021, to the Bombardier Challenger 300 AFM (Imperial Version), CSP 
100-1;
     Challenger 300 Temporary Revision TR-92, dated December 
20, 2021, to the Bombardier Challenger 300 AFM (Metric Version), CSP 
100-1 (METRIC); and
     Challenger 350 Temporary Revision TR-23, dated December 
20, 2021, to the Bombardier Challenger 350 AFM, CH 350.
    This service information describes instructions for trim 
malfunction procedures, and revised ``AP STAB TRIM FAIL'' caution and 
``STAB TRIM FAULT'' advisory procedures. These documents are distinct 
since they apply to different airplane 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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is issuing this AD 
because the FAA evaluated all pertinent information and determined the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

[[Page 34127]]

Requirements of This AD

    This AD requires revising the existing airplane flight manual to 
add an expanded pre-flight check of the pitch trim, trim malfunction 
procedures, and revised ``AP STAB TRIM FAIL'' caution and ``STAB TRIM 
FAULT'' advisory procedures.
    TCCA AD CF-2022-03 requires operators to ``brief all flight crews'' 
of the AFM procedures 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 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 AD to operate the airplane according to 
the revised AFM would be redundant and unnecessary.

FAA's Justification 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 waiving notice and comment prior to adoption of this rule 
because in some of the reported events, the horizontal stabilizer 
reached full airplane nose-down trim position before the flightcrew 
recognized the nature of the problem, resulting in increased flightcrew 
workload and reduced safety margins. If not addressed, an uncommanded 
horizontal stabilizer motion could result in the stabilizer reaching 
its full travel position, and consequently, the flightcrew may not be 
able to regain control of the horizontal stabilizer, which would result 
in loss of control of the airplane and excessive high control forces. 
Therefore, the FAA finds good cause that notice and opportunity for 
prior public comment are impracticable. In addition, for the reasons 
stated above, 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.

Interim Action

    The FAA considers this AD to be an interim action. TCCA AD CF-2022-
03 states an investigation is ongoing and the revision of the existing 
AFM is a mitigating action.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 678 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         $57,630
----------------------------------------------------------------------------------------------------------------

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 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:


[[Page 34128]]


2022-12-02 Bombardier, Inc.: Amendment 39-22073; Docket No. FAA-
2022-0596; Project Identifier MCAI-2022-00150-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 21, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of multiple in-service events 
where, following a STAB TRIM FAULT advisory message and auto-pilot 
disconnect, flightcrew commands for a nose-up trim resulted in nose-
down trim movement of the horizontal stabilizer instead. The FAA is 
issuing this AD to address uncommanded horizontal stabilizer motion, 
which could result in increased crew workload and reduced safety 
margins; and if the flightcrew is unable to regain control of the 
horizontal stabilizer, would result in loss of control of the 
airplane and excessive high control forces.

(f) Compliance

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

(g) Revision of the Existing Airplane Flight Manual (AFM)--Non-Normal 
Procedures

    Within 14 days after the effective date of this AD, revise the 
Non-Normal Procedures chapter of the existing Airplane Flight Manual 
to include the information in the applicable temporary revision 
identified in paragraphs (g)(1) through (3) of this AD.
    (1) Bombardier Challenger 300 Temporary Revision TR-92, dated 
December 20, 2021, to the Bombardier Challenger 300 AFM (Imperial 
Version).
    (2) Bombardier Challenger 300 Temporary Revision TR-92, dated 
December 20, 2021, to the Bombardier Challenger 300 AFM (Metric 
Version).
    (3) Bombardier Challenger 350 Temporary Revision TR-23, dated 
December 20, 2021, to the Bombardier Challenger 350 AFM.

(h) Revision of the Existing AFM--Normal Procedures

    Within 14 days after the effective date of this AD, revise the 
Normal Procedures chapter of the existing AFM to include the 
information for the ``Before Starting Engines'' checklist in Chapter 
04--Normal Procedures, of the applicable AFM identified in 
paragraphs (h)(1) through (3) of this AD.
    (1) Bombardier Challenger 300 AFM (Imperial Version), CSP 100-1, 
Revision 67, dated March 29, 2022.
    Note 1 to paragraph (h)(1): For obtaining the Before Starting 
Engines checklist for Bombardier Challenger 300 AFM (Imperial 
Version), CSP 100-1, use Document Identification number CH 300 AFM-
I.
    (2) Bombardier Challenger 300 AFM (Metric Version), CSP 100-1 
(METRIC), Revision 67, dated March 29, 2022.
    Note 2 to paragraph (h)(2): For obtaining the Before Starting 
Engines checklist for Bombardier Challenger 300 AFM (Metric 
Version), CSP 100-1 (METRIC), use Document Identification number CH 
300 AFM-M.
    (3) Bombardier Challenger 350 AFM, CH 350, Revision 33, dated 
March 29, 2022.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (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 responsible 
Flight Standards Office, as appropriate. If sending information 
directly to the manager of the certification office, send it to 
ATTN: Program Manager, Continuing Operational Safety, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531. 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 Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2022-03, dated February 1, 2022, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0596.
    (2) For more information about this AD, contact Elizabeth 
Dowling, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(k) 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) ``Before Starting Engines'' checklist in Chapter 04--Normal 
Procedures of Bombardier Challenger 300 Airplan Flight Manual (AFM) 
(Imperial Version), CSP 100-1, Revision 67, dated March 29, 2022.
    (ii) ``Before Starting Engines'' checklist in Chapter 04--Normal 
Procedures of Bombardier Challenger 300 AFM (Metric Version), CSP 
100-1 (METRIC), Revision 67, dated March 29, 2022.
    (iii) ``Before Starting Engines'' checklist in Chapter 04--
Normal Procedures of Bombardier Challenger 350 AFM CH 350, Revision 
33, dated March 29, 2022.
    (iv) Bombardier Challenger 300 Temporary Revision TR-92, dated 
December 20, 2021, to the Bombardier Challenger 300 AFM (Imperial 
Version), CSP 100-1.
    (v) Bombardier Challenger 300 Temporary Revision TR-92, dated 
December 20, 2021, to the Bombardier Challenger 300 AFM (Metric 
Version), CSP 100-1 (METRIC).
    (vi) Bombardier Challenger 350 Temporary Revision TR-23, dated 
December 20, 2021, to the Bombardier Challenger 350 AFM, CH 350.
    (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 [email protected]; internet 
https://www.bombardier.com.
    Note 3 to paragraph (k)(3): For obtaining the Before Starting 
Engines checklist for Bombardier Challenger 300 AFM (Imperial 
Version), CSP 100-1, use Document Identification number CH 300 AFM-
I.
    Note 4 to paragraph (k)(3): For obtaining the Before Starting 
Engines checklist for Bombardier Challenger 300 AFM (Metric 
Version), CSP 100-1 (METRIC), use Document Identification number CH 
300 AFM-M.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 26, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-12242 Filed 6-2-22; 4:15 pm]
BILLING CODE 4910-13-P


