Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 75911-75914 [2022-26971]
Download as PDF
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
petition at any time after receipt of this
notification. A school must submit a
complete recertification petition
package, as outlined in the submission
guidelines, by its certification expiration
date. SEVP will send a notice of
confirmation of complete filing or
rejection to the school upon receipt of
any filing of a petition for
recertification.
*
*
*
*
*
(1) * * *
(2) Name, title, and signature. * * *
*
*
*
*
*
■ 5. Amend § Section 214.4 as follows:
■ a. In paragraph (a)(2) introductory
text, remove the references to ‘‘8 CFR
214.3(h)(3)(v)’’, ‘‘101(a)(15)(F)(i)’’, and
‘‘101(a)(15)(M)(i)’’ and add in their
place ‘‘§ 214.3(h)(2)(v)’’, ‘‘101(a)(15)(F)’’,
and ‘‘101(a)(15)(M)’’, respectively.
■ b. In paragraph (a)(2)(iv), add ‘‘or
successor form’’ after ‘‘Form I–20’’.
■ c. In paragraph (a)(2)(viii), remove the
phrase ‘‘paper copies of’’ and add in its
place ‘‘with’’.
■ d. In paragraphs (a)(2)(x) through
(xix), add ‘‘or successor form’’ after
‘‘Form I–20’’ wherever it appears.
■ e. In paragraph (a)(3) introductory
text, remove the reference ‘‘8 CFR
214.3(h)(1)’’ and add in its place
‘‘§ 214.3(h)’’.
■ f. Revise the first and last sentences of
paragraph (a)(3)(iii).
■ g. Remove paragraph (a)(4).
■ h. In paragraph (c), remove
‘‘approval’’ and add in its place
‘‘certification’’.
■ i. Revise paragraph (d).
■ j. In paragraph (e), remove ‘‘approval’’
and add in its place ‘‘certification’’.
■ k. In paragraph (f)(1), remove
‘‘approval’’ and ‘‘shall’’ and add in their
place ‘‘certification’’ and ‘‘will’’,
respectively.
■ l. In paragraph (f)(2):
■ i. Remove ‘‘shall’’ and add in its place
‘‘will’’;
■ ii. Remove ‘‘In’’ and add in its place
‘‘At’’; and
■ iii. Remove the phrase ‘‘the district
director’’ and add in its place ‘‘SEVP’’.
■ m. In paragraph (h), remove the
phrase ‘‘of the approval’’; and remove
the reference ‘‘8 CFR 103.7(b)(1)(ii)(O)’’
and add in its place ‘‘8 CFR
103.7(d)(15)’’.
■ n. In paragraph (i)(1), remove the
phrase ‘‘Certificate of Eligibility for
Nonimmigrant Student’’ and add in its
place ‘‘Certificate of Eligibility for
Nonimmigrant Student Status, or
successor form,’’.
■ o. In paragraph (i)(2), remove the word
‘‘initial’’ in the second sentence.
The revisions read as follows:
VerDate Sep<11>2014
16:04 Dec 09, 2022
Jkt 259001
§ 214.4 Denial of certification, denial of
recertification, or withdrawal of SEVP
certification.
(a) * * *
(3) * * *
(iii) Sixty days after the occurrence of
the change of ownership if the school
failed to update its information in
accordance with § 214.3(h)(1) or
properly file a new petition, SEVP will
review the petition if the school
properly files such petition to determine
whether the school still meets the
eligibility requirements of § 214.3(a)(3)
and is still in compliance with the
recordkeeping, retention, reporting and
other requirements of § 214.3(f), (g), (j),
(k), and (l). *** SEVP will institute
withdrawal proceedings in accordance
with paragraph (b) of this section if,
upon completion of the review, SEVP
finds that the school is no longer
eligible for certification, or is not in
compliance with the recordkeeping,
retention, reporting and other
requirements of § 214.3(f), (g), (j), (k),
and (l), or failed to file a new petition
within the allowable 60-day timeframe.
*
*
*
*
*
(d) Allegations admitted or no answer
filed. If the school or school system
admits all of the allegations in the
notice of intent to withdraw
certification, or if the school or school
system fails to file an answer within the
30-day period, SEVP will withdraw the
certification previously granted and
notify the designated school official of
the decision. No appeal of SEVP’s
decision will be accepted if all
allegations are admitted or no answer is
filed within the 30-day period.
*
*
*
*
*
■ 6. Remove and reserve § 214.12.
■ 7. Amend § 214.13 as follows:
■ a. In paragraph (a)(1), add a comma
and ’’ middle,’’ after the word
‘‘elementary’’.
■ b. Remove paragraph (b)(3).
■ c. In paragraphs (d)(1) and (d)(2),
remove the phrase ‘‘a DHS approved’’
and add in its place ‘‘an SEVPcertified’’.
■ d. In paragraph (d)(4), remove the
term ‘‘Status’’ and add in its place
‘‘States’’.
■ d. In paragraph (g)(1)(i), remove the
reference ‘‘8 CFR 103.7(a)(1)’’ and add
in its place ‘‘8 CFR 103.7(d)(8)’’.
■ e. In paragraph (g)(4), remove the
phrase ‘‘an approved’’ and add in its
place ‘‘a certified’’.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2022–26013 Filed 12–8–22; 11:15 am]
BILLING CODE 9111–28–P
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
75911
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1583; Project
Identifier MCAI–2022–01486–T; Amendment
39–22282; AD 2022–25–51]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus Canada Limited Partnership
Model BD–500–1A10 and BD–500–
1A11 airplanes. The FAA previously
sent this AD as an emergency AD to all
known U.S. owners and operators of
these airplanes. This AD was prompted
by reports of the autopilot/autothrottle
system design resulting in inadvertent
engagement of the autopilot when the
flightcrew was attempting to engage the
autothrottle late into the take-off phase
or when attempting to re-engage the
autothrottle during takeoff after
uncommanded disconnect. This AD
requires revising the Limitations section
of the existing airplane flight manual
(AFM) by revising the title of the
existing autopilot AFM limitation,
include a new warning prior to the
existing autopilot engagement
limitations, and include a new
limitation prohibiting selecting or
reselecting autothrottle during takeoff
after thrust levers are advanced to the
takeoff setting after the existing
autopilot engagement limitations. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective December
27, 2022. Emergency AD 2022–25–51,
issued on November 22, 2022, which
contained the requirements of this
amendment, was effective with actual
notice.
The FAA must receive comments on
this AD by January 26, 2023.
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–
SUMMARY:
E:\FR\FM\12DER1.SGM
12DER1
75912
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
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–2022–1583; 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.
FOR FURTHER INFORMATION CONTACT:
Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical
Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7367; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under ADDRESSES.
Include ‘‘Docket No. FAA–2022–1583;
Project Identifier MCAI–2022–01486–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.
lotter on DSK11XQN23PROD with RULES1
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,
VerDate Sep<11>2014
16:04 Dec 09, 2022
Jkt 259001
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 Steven Dzierzynski,
Aerospace Engineer, Avionics and
Electrical Systems Section, FAA, New
York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7367; email
9-avs-nyaco-cos@faa.gov. Any
commentary that the FAA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
Background
The FAA issued Emergency AD 2022–
25–51, dated November 22, 2022
(Emergency AD 2022–25–51), to address
an unsafe condition on all Airbus
Canada Limited Partnership Model BD–
500–1A10 and BD–500–1A11 airplanes.
The FAA sent the emergency AD to all
known U.S. owners and operators of
these airplanes. Emergency AD 2022–
25–51 requires revising the Limitations
section of the existing AFM by revising
the title of the existing autopilot AFM
limitation, include a new warning prior
to the existing autopilot engagement
limitations, and include a new
limitation prohibiting selecting or
reselecting autothrottle during takeoff
after thrust levers are advanced to the
takeoff setting after the existing
autopilot engagement limitations.
Emergency AD 2022–25–51 was
prompted by Emergency AD CF–2022–
64, dated November 17, 2022 (referred
to after this as the MCAI), issued by
Transport Canada, which is the aviation
authority for Canada, to correct an
unsafe condition on all Airbus Canada
Limited Partnership Model BD–500–
1A10 and BD–500–1A11 airplanes.
There have been 38 in-service events,
including two nearly catastrophic
events, whereby the flightcrew
inadvertently engaged the autopilot
while attempting to engage the
autothrottle late into the take-off phase
or when re-engaging the autothrottle.
Engaging the autopilot below 400 feet
(ft) above ground level (AGL) is
prohibited by the existing AFM.
However, the control panel for
autothrottle and autopilot engagement is
structured in such a way that it is
possible for the flightcrew to mistakenly
engage the autopilot when attempting to
re-engage the autothrottle. The
autothrottle system is prone to
disconnect due to different sources for
airspeed between the autothrottle and
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
the flight control system monitor, which
can occur during turbulence. The
disconnect may also occur due to
different sources for pressure altitude
between autothrottle application and
autothrottle monitor. Additionally, the
autopilot engagement is not currently
inhibited during takeoff and with
sufficient speed will cause the airplane
to command a pitch increase to capture
the pitch target marker, which may
cause premature rotation, including at
speeds below V1 at the time of autopilot
engagement. Premature airplane pitch
up will require the flightcrew to
intervene immediately, and depending
on the speed, could lead to a tail strike.
If the flightcrew does not reject the
takeoff, premature rotation due to
autopilot engagement below Vr may
result in low-energy liftoff.
In September 2022, there was an
incident in which the autothrottle
disengaged during takeoff, and when the
flightcrew attempted to re-engage the
autothrottle, they mistakenly engaged
the autopilot, which resulted in the
aircraft rotating below the V1 speed.
This resulted in a low-energy takeoff,
which is hazardous as it could lead to
the airplane stalling and/or impacting
terrain.
Existing procedures provide
operational recommendations and
procedures to follow for autothrottle
selection and in the event of an
autothrottle disconnect during takeoff.
The autothrottle cannot be re-engaged if
it becomes disconnected on takeoff
above 60 knots and below 400 ft AGL.
Therefore, the flightcrew should not
attempt to re-engage the autothrottle if
it becomes disconnected on takeoff. As
previously mentioned, trying to reengage autothrottle below 400 ft AGL
may result in inadvertent engagement of
the autopilot.
This AD is intended to address
inadvertent engagement of the autopilot
below 400 ft AGL by adopting the
autopilot engagement warning statement
specified in Transport Canada
Emergency AD CF–2022–64. The
intended action is to incorporate the
new warning statement within the
existing Autopilot Engagement AFM
limitation by placing the warning
statement just prior to the two existing
limitations, ‘‘The minimum height for
engagement of autopilot is 400 feet
AGL,’’ and ‘‘The minimum height for
use of autopilot is 80 feet AGL.’’ This
AD differs from the Transport Canada
Emergency AD by also requiring
revising the existing AFM to include an
additional limitation (below the two
existing limitations) that specifies, ‘‘To
avoid inadvertent engagement of
autopilot, during takeoff, the
E:\FR\FM\12DER1.SGM
12DER1
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
autothrottle must not be selected or reselected after the thrust levers are
advanced to the takeoff setting until the
aircraft is at or above 400 feet AGL.’’
Furthermore, this AD requires the title
of the existing AFM limitation to be
revised from ‘‘Autopilot Engagement’’ to
‘‘Autopilot and Autothrottle
Engagement.’’ Therefore, the AFM
limitation specified in figure 1 to
paragraph (g) of this AD, titled
‘‘Autopilot and Autothrottle
Engagement,’’ replaces the existing AFM
limitation titled ‘‘Autopilot
Engagement.’’ This condition, if not
addressed, could result in premature
rotation due to inadvertent autopilot
engagement, possibly leading to tailstrike, inability to climb, and loss of
control of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1583.
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 described 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
Limitations section of the existing AFM
by revising the title of the existing AFM
limitation titled ‘‘Autopilot
Engagement’’, include a new warning
prior to the existing autopilot
engagement limitations, and a new
limitation prohibiting selecting or
reselecting autothrottle during takeoff
after thrust levers are advanced to the
takeoff setting after the existing
autopilot engagement limitations.
Interim Action
The FAA considers that this AD is an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
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
required the immediate adoption of
Emergency AD 2022–25–51 issued on
November 22, 2022, to all known U.S.
owners and operators of these airplanes.
Due to an autopilot/autothrottle system
design, the flightcrew has inadvertently
engaged the autopilot while attempting
to engage the autothrottle during a
critical phase of flight. The most recent
incident, in September 2022, resulted in
75913
a low-energy takeoff when the
flightcrew attempted to re-engage the
autothrottle but mistakenly engaged the
autopilot. Such a result is hazardous as
it could lead to the aircraft stalling
and/or impacting terrain. The FAA
found that the risk to the flying public
justified waiving notice and comment
prior to adoption of this rule because
inadvertent autopilot engagement below
400 ft AGL could result in premature
rotation due to inadvertent autopilot
engagement, possibly leading to tailstrike, inability to climb, and loss of
control of the airplane. These conditions
still exist, therefore, 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 notice
and comment, RFA analysis is not
required.
Costs of Compliance
The FAA estimates that this AD
affects 76 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
lotter on DSK11XQN23PROD with RULES1
ESTIMATED COSTS OF REQUIRED ACTIONS
Action
Labor cost
AFM revision ...........................
1 work-hour × $85 per hour = $85 .........................................
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
VerDate Sep<11>2014
16:04 Dec 09, 2022
Jkt 259001
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
PO 00000
Frm 00023
Fmt 4700
Cost per
product
Parts cost
Sfmt 4700
$0
Cost on U.S.
operators
$85
$6,460
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.
E:\FR\FM\12DER1.SGM
12DER1
75914
Federal Register / Vol. 87, No. 237 / Monday, December 12, 2022 / Rules and Regulations
2022, directly to affected owners and
operators. As a result of such actual notice,
the emergency AD was effective for those
owners and operators on the date it was
provided. This AD contains the same
requirements as the emergency AD and, for
those who did not receive actual notice, is
effective on December 27, 2022.
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
(b) Affected ADs
None.
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–25–51 Airbus Canada Limited
Partnership (Type Certificate Previously
Held by C Series Aircraft Limited
Partnership (CSALP); Bombardier, Inc.):
Amendment 39–22282; Docket No.
FAA–2022–1583; Project Identifier
MCAI–2022–01486–T.
(a) Effective Date
The FAA issued Emergency Airworthiness
Directive (AD) 2022–25–51 on November 22,
(c) Applicability
This AD applies to all Airbus Canada
Limited Partnership (Type Certificate
previously held by C Series Aircraft Limited
Partnership (CSALP); Bombardier, Inc.)
Model BD–500–1A10 and BD–500–1A11
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 22, Autoflight.
(e) Unsafe Condition
This AD was prompted by reports of the
autopilot/autothrottle system design resulting
in inadvertent engagement of the autopilot
when the flightcrew was attempting to
engage the autothrottle late into the take-off
phase or when attempting to re-engage the
autothrottle during takeoff after
uncommanded disconnect. The FAA is
issuing this AD to address inadvertent
engagement of the autopilot below 400 feet
above ground level (AGL) when the
flightcrew attempts to engage autothrottle.
The unsafe condition, if not addressed, could
result in premature rotation due to
inadvertent autopilot engagement, possibly
leading to tail-strike, inability to climb, and
loss of control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Revision of Existing AFM
Within 7 days after the effective date of
this AD, revise the Limitations section of the
existing airplane flight manual (AFM) to
include the information specified in figure 1
to paragraph (g) of this AD. This may be
accomplished by inserting a copy of figure 1
to paragraph (g) of this AD into the existing
AFM. Using an AFM revision that includes
information identical to that in figure 1 to
paragraph (g) of this AD is acceptable for
compliance with the requirement of this
paragraph.
Figure 1 to paragraph (g): Autopilot and Autothrottle Engagement Limitation
AUTOPILOT and AUTOTHROTTLE ENGAGEMENT
WARNING
Autopilot engagement during takeoff roll can result in
premature rotation, possibly leading to tail-strike, inability
to climb or loss of control. Immediate crew intervention is
required.
The minimum height for engagement of autopilot is 400 feet AGL.
The minimum height for use of autopilot is 80 feet AGL.
(h) Additional 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 principal inspector or local
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; email: 9-avs-nyaco-cos@faa.gov,
telephone 516–228–7300. Before using any
approved AMOC, notify your appropriate
VerDate Sep<11>2014
16:04 Dec 09, 2022
Jkt 259001
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; or Airbus Canada
Limited Partnership’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 Emergency
AD CF–2022–64, dated November 17, 2022,
for related information. This Transport
Canada Emergency AD may be found in the
PO 00000
Frm 00024
Fmt 4700
Sfmt 9990
AD docket at regulations.gov under Docket
No. FAA–2022–1583.
(2) For more information about this AD,
contact Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7367; email 9-avsnyaco-cos@faa.gov.
(j) Material Incorporated by Reference
None.
Issued on December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–26971 Filed 12–8–22; 11:15 am]
BILLING CODE 4910–13–P
E:\FR\FM\12DER1.SGM
12DER1
ER12DE22.001
lotter on DSK11XQN23PROD with RULES1
To avoid inadvertent engagement of autopilot, during takeoff, the autothrottle must not
be selected or re-selected after the thrust levers are advanced to the takeoff setting
until the aircraft is at or above 400 feet AGL.
Agencies
[Federal Register Volume 87, Number 237 (Monday, December 12, 2022)]
[Rules and Regulations]
[Pages 75911-75914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26971]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1583; Project Identifier MCAI-2022-01486-T;
Amendment 39-22282; AD 2022-25-51]
RIN 2120-AA64
Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11
airplanes. The FAA previously sent this AD as an emergency AD to all
known U.S. owners and operators of these airplanes. This AD was
prompted by reports of the autopilot/autothrottle system design
resulting in inadvertent engagement of the autopilot when the
flightcrew was attempting to engage the autothrottle late into the
take-off phase or when attempting to re-engage the autothrottle during
takeoff after uncommanded disconnect. This AD requires revising the
Limitations section of the existing airplane flight manual (AFM) by
revising the title of the existing autopilot AFM limitation, include a
new warning prior to the existing autopilot engagement limitations, and
include a new limitation prohibiting selecting or reselecting
autothrottle during takeoff after thrust levers are advanced to the
takeoff setting after the existing autopilot engagement limitations.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective December 27, 2022. Emergency AD 2022-25-51,
issued on November 22, 2022, which contained the requirements of this
amendment, was effective with actual notice.
The FAA must receive comments on this AD by January 26, 2023.
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-
[[Page 75912]]
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-2022-1583; 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.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-1583; Project Identifier MCAI-
2022-01486-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 Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; email [email protected]. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued Emergency AD 2022-25-51, dated November 22, 2022
(Emergency AD 2022-25-51), to address an unsafe condition on all Airbus
Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
The FAA sent the emergency AD to all known U.S. owners and operators of
these airplanes. Emergency AD 2022-25-51 requires revising the
Limitations section of the existing AFM by revising the title of the
existing autopilot AFM limitation, include a new warning prior to the
existing autopilot engagement limitations, and include a new limitation
prohibiting selecting or reselecting autothrottle during takeoff after
thrust levers are advanced to the takeoff setting after the existing
autopilot engagement limitations.
Emergency AD 2022-25-51 was prompted by Emergency AD CF-2022-64,
dated November 17, 2022 (referred to after this as the MCAI), issued by
Transport Canada, which is the aviation authority for Canada, to
correct an unsafe condition on all Airbus Canada Limited Partnership
Model BD-500-1A10 and BD-500-1A11 airplanes.
There have been 38 in-service events, including two nearly
catastrophic events, whereby the flightcrew inadvertently engaged the
autopilot while attempting to engage the autothrottle late into the
take-off phase or when re-engaging the autothrottle. Engaging the
autopilot below 400 feet (ft) above ground level (AGL) is prohibited by
the existing AFM. However, the control panel for autothrottle and
autopilot engagement is structured in such a way that it is possible
for the flightcrew to mistakenly engage the autopilot when attempting
to re-engage the autothrottle. The autothrottle system is prone to
disconnect due to different sources for airspeed between the
autothrottle and the flight control system monitor, which can occur
during turbulence. The disconnect may also occur due to different
sources for pressure altitude between autothrottle application and
autothrottle monitor. Additionally, the autopilot engagement is not
currently inhibited during takeoff and with sufficient speed will cause
the airplane to command a pitch increase to capture the pitch target
marker, which may cause premature rotation, including at speeds below
V1 at the time of autopilot engagement. Premature airplane pitch up
will require the flightcrew to intervene immediately, and depending on
the speed, could lead to a tail strike. If the flightcrew does not
reject the takeoff, premature rotation due to autopilot engagement
below Vr may result in low-energy liftoff.
In September 2022, there was an incident in which the autothrottle
disengaged during takeoff, and when the flightcrew attempted to re-
engage the autothrottle, they mistakenly engaged the autopilot, which
resulted in the aircraft rotating below the V1 speed. This resulted in
a low-energy takeoff, which is hazardous as it could lead to the
airplane stalling and/or impacting terrain.
Existing procedures provide operational recommendations and
procedures to follow for autothrottle selection and in the event of an
autothrottle disconnect during takeoff. The autothrottle cannot be re-
engaged if it becomes disconnected on takeoff above 60 knots and below
400 ft AGL. Therefore, the flightcrew should not attempt to re-engage
the autothrottle if it becomes disconnected on takeoff. As previously
mentioned, trying to re-engage autothrottle below 400 ft AGL may result
in inadvertent engagement of the autopilot.
This AD is intended to address inadvertent engagement of the
autopilot below 400 ft AGL by adopting the autopilot engagement warning
statement specified in Transport Canada Emergency AD CF-2022-64. The
intended action is to incorporate the new warning statement within the
existing Autopilot Engagement AFM limitation by placing the warning
statement just prior to the two existing limitations, ``The minimum
height for engagement of autopilot is 400 feet AGL,'' and ``The minimum
height for use of autopilot is 80 feet AGL.'' This AD differs from the
Transport Canada Emergency AD by also requiring revising the existing
AFM to include an additional limitation (below the two existing
limitations) that specifies, ``To avoid inadvertent engagement of
autopilot, during takeoff, the
[[Page 75913]]
autothrottle must not be selected or re-selected after the thrust
levers are advanced to the takeoff setting until the aircraft is at or
above 400 feet AGL.'' Furthermore, this AD requires the title of the
existing AFM limitation to be revised from ``Autopilot Engagement'' to
``Autopilot and Autothrottle Engagement.'' Therefore, the AFM
limitation specified in figure 1 to paragraph (g) of this AD, titled
``Autopilot and Autothrottle Engagement,'' replaces the existing AFM
limitation titled ``Autopilot Engagement.'' This condition, if not
addressed, could result in premature rotation due to inadvertent
autopilot engagement, possibly leading to tail-strike, inability to
climb, and loss of control of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1583.
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
described 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 Limitations section of the existing
AFM by revising the title of the existing AFM limitation titled
``Autopilot Engagement'', include a new warning prior to the existing
autopilot engagement limitations, and a new limitation prohibiting
selecting or reselecting autothrottle during takeoff after thrust
levers are advanced to the takeoff setting after the existing autopilot
engagement limitations.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
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 required the immediate adoption of
Emergency AD 2022-25-51 issued on November 22, 2022, to all known U.S.
owners and operators of these airplanes. Due to an autopilot/
autothrottle system design, the flightcrew has inadvertently engaged
the autopilot while attempting to engage the autothrottle during a
critical phase of flight. The most recent incident, in September 2022,
resulted in a low-energy takeoff when the flightcrew attempted to re-
engage the autothrottle but mistakenly engaged the autopilot. Such a
result is hazardous as it could lead to the aircraft stalling and/or
impacting terrain. The FAA found that the risk to the flying public
justified waiving notice and comment prior to adoption of this rule
because inadvertent autopilot engagement below 400 ft AGL could result
in premature rotation due to inadvertent autopilot engagement, possibly
leading to tail-strike, inability to climb, and loss of control of the
airplane. These conditions still exist, therefore, 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 notice and comment,
RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 76 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs of Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
AFM revision....................... 1 work-hour x $85 per hour $0 $85 $6,460
= $85.
----------------------------------------------------------------------------------------------------------------
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.
[[Page 75914]]
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:
2022-25-51 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22282; Docket No. FAA-2022-1583;
Project Identifier MCAI-2022-01486-T.
(a) Effective Date
The FAA issued Emergency Airworthiness Directive (AD) 2022-25-51
on November 22, 2022, directly to affected owners and operators. As
a result of such actual notice, the emergency AD was effective for
those owners and operators on the date it was provided. This AD
contains the same requirements as the emergency AD and, for those
who did not receive actual notice, is effective on December 27,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Canada Limited Partnership (Type
Certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 22, Autoflight.
(e) Unsafe Condition
This AD was prompted by reports of the autopilot/autothrottle
system design resulting in inadvertent engagement of the autopilot
when the flightcrew was attempting to engage the autothrottle late
into the take-off phase or when attempting to re-engage the
autothrottle during takeoff after uncommanded disconnect. The FAA is
issuing this AD to address inadvertent engagement of the autopilot
below 400 feet above ground level (AGL) when the flightcrew attempts
to engage autothrottle. The unsafe condition, if not addressed,
could result in premature rotation due to inadvertent autopilot
engagement, possibly leading to tail-strike, inability to climb, and
loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of Existing AFM
Within 7 days after the effective date of this AD, revise the
Limitations section of the existing airplane flight manual (AFM) to
include the information specified in figure 1 to paragraph (g) of
this AD. This may be accomplished by inserting a copy of figure 1 to
paragraph (g) of this AD into the existing AFM. Using an AFM
revision that includes information identical to that in figure 1 to
paragraph (g) of this AD is acceptable for compliance with the
requirement of this paragraph.
[GRAPHIC] [TIFF OMITTED] TR12DE22.001
(h) Additional 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 principal
inspector or local 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; email: [email protected], telephone 516-
228-7300. 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; or Airbus Canada Limited
Partnership'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 Emergency AD CF-2022-64, dated
November 17, 2022, for related information. This Transport Canada
Emergency AD may be found in the AD docket at regulations.gov under
Docket No. FAA-2022-1583.
(2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; email [email protected].
(j) Material Incorporated by Reference
None.
Issued on December 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-26971 Filed 12-8-22; 11:15 am]
BILLING CODE 4910-13-P