[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
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1 work-hour x $85 per hour = $85............................. $85 $85 $62,900
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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
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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