[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42609-42611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14003]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-T; 
Amendment 39-22464; AD 2023-12-06]
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 superseding Airworthiness Directive (AD) 2020-07-
13, which applied to certain Bombardier, Inc., Model BD-100-1A10 
airplanes. AD 2020-07-13 required revising the existing airplane flight 
manual (AFM) to provide the flightcrew with new warnings for 
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' This AD 
requires revising the existing AFM to provide the flightcrew with new 
warnings for ``Autoflight'' and ``Engine Failure in Climb During (V) 
ALTS CAP or (V) ALTV CAP.'' This AD was prompted by a revision to the 
procedures to ensure that all applicable altitude capture modes 
utilized and annunciated in the affected fleet are included and to more 
clearly denote these altitude capture modes. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective August 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 7, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0662; 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">[email protected]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-2023-0662.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7367; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-07-13, Amendment 39-19892 (85 FR 
20394, April 13, 2020) (AD 2020-07-13). AD 2020-07-13 applied to 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. AD 2020-07-13 
required revising the existing AFM to provide the flightcrew with new 
warnings for ``Autoflight'' and ``Engine Failure in Climb During ALTS 
CAP.'' The FAA issued AD 2020-07-13 to address the occurrence of an 
engine failure during or before a climb while in ALTS CAP or (V) ALTS 
CAP mode, as it could cause the airspeed to drop significantly below 
the safe operating speed and may require prompt flightcrew intervention 
to maintain a safe operating speed.
    The NPRM published in the Federal Register on April 10, 2023 (88 FR 
21123). The NPRM was prompted by

[[Page 42610]]

AD CF-2019-12R1, dated June 9, 2022, issued by Transport Canada, which 
is the aviation authority for Canada (referred to after this as the 
MCAI). The MCAI states that during altitude capture flight, the flight 
guidance/autopilot does not account for engine failure while capturing 
an altitude. The MCAI states that Transport Canada AD CF-2019-12, dated 
April 3, 2019, referenced specific altitude capture modes but did not 
consider all possible available annunciated altitude capture modes used 
in the affected airplanes. Therefore, the MCAI mandates further updates 
to the Limitation and Emergency Procedures sections of the AFM to 
ensure that all applicable altitude capture modes utilized and 
annunciated in the affected fleet are included and more clearly denotes 
these altitude capture modes in these new procedures.
    In the NPRM, the FAA proposed to require revising the existing AFM 
to provide the flightcrew with new warnings for ``Autoflight'' and 
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.'' The 
FAA is issuing this AD to address the occurrence of an engine failure 
during or before a climb while in altitude capture flight. The unsafe 
condition, if not addressed, could cause the airspeed to drop 
significantly below the safe operating speed and may require prompt 
flightcrew intervention to maintain a safe operating speed.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0662.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 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, 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 provides 
new warnings for the ``Autoflight'' procedure in Section 02-04, 
``Systems Limitations,'' of the LIMITATIONS section; and ``Engine 
Failure in Climb During (V) ALTS CAP or (V) ALTV CAP,'' procedure in 
Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES section; of 
the applicable AFMs.
     Bombardier Challenger 300 Airplane Flight Manual (Imperial 
Version), Publication No. CSP 100-1, Revision 69, dated July 4, 2022. 
(For obtaining the procedures for Bombardier Challenger 300 AFM 
(Imperial Version), Publication No. CSP 100-1, use Document 
Identification No. CH 300 AFM-I.)
     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.)
    These documents are distinct since they apply to different airplane 
models in different 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.

Costs of Compliance

    The FAA estimates that this AD will affect 244 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $20,740
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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 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.

[[Page 42611]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-07-13, Amendment 39-19892 
(85 FR 20394, April 13, 2020); and
0
b. Adding the following new AD:

2023-12-06 Bombardier, Inc.: Amendment 39-22464; Docket No. FAA-
2023-0662; Project Identifier MCAI-2022-00745-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 7, 2023.

(b) Affected ADs

    This AD replaces AD 2020-07-13, Amendment 39-19892 (85 FR 20394, 
April 13, 2020) (AD 2020-07-13).

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20500 inclusive, and 20501 through 20867 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by a report that during altitude capture 
flight, the flight guidance/autopilot does not account for engine 
failure while capturing an altitude. The FAA is issuing this AD to 
address the occurrence of an engine failure during or before a climb 
while in altitude capture flight. The unsafe condition, if not 
addressed, could cause the airspeed to drop significantly below the 
safe operating speed and may require prompt flightcrew intervention 
to maintain a safe operating speed.

(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 ``Autoflight'' 
procedure in Section 02-04, ``System Limitations,'' of the 
LIMITATIONS section, and ``Engine Failure in Climb During (V) ALTS 
CAP or (V) ALTV CAP,'' procedure in Section 03-32, ``Powerplant,'' 
of the EMERGENCY PROCEDURES section; of the Bombardier Challenger 
300 Airplane Flight Manual (Imperial Version), Publication No. CSP 
100-1, Revision 69, dated July 4, 2022 (for airplanes having serial 
numbers 20003 through 20500 inclusive); or the Bombardier Challenger 
350 Airplane Flight Manual, Publication No. CH 350 AFM, Revision 34, 
dated June 14, 2022 (for airplanes having serial numbers 20501 
through 20867 inclusive); 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

    (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 ATTN: Program Manager, 
Continuing Operational Safety, at 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-2019-12R1, dated June 9, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0662.
    (2) For more information about this AD, contact Steven 
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7367; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 02-04, ``Systems Limitations,'' of the LIMITATIONS 
section, of the Bombardier Challenger 300 Airplane Flight Manual 
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated 
July 4, 2022.

    Note 1 to paragraph (j)(2)(i) of this AD: This note applies to 
paragraphs (j)(2)(i) and (ii). For obtaining the procedures for 
Bombardier Challenger 300 AFM (Imperial Version), Publication No. 
CSP 100-1, use Document Identification No. CH 300 AFM-I.

    (ii) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES 
section, of the Bombardier Challenger 300 Airplane Flight Manual 
(Imperial Version), Publication No. CSP 100-1, Revision 69, dated 
July 4, 2022.

    (iii) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS 
section, of the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.

    Note 2 to paragraph (j)(2)(iii): This note applies to paragraphs 
(j)(2)(iii) and (iv) of this AD. For obtaining the procedures for 
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM, use 
Document Identification No. CH 350 AFM.

    (iv) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES 
section, of the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022.
    (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">[email protected]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 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 June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14003 Filed 6-30-23; 8:45 am]
BILLING CODE 4910-13-P


