Airworthiness Directives; Bombardier, Inc., Airplanes, 21123-21126 [2023-07189]
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Federal Register / Vol. 88, No. 68 / Monday, April 10, 2023 / Proposed Rules
81205–SB250290–00 RB,’’ this AD requires
using ‘‘the effective date of this AD.’’
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle 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 responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (j) of this
AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
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(j) Related Information
For more information about this AD,
contact Courtney Tuck, Aerospace Engineer,
Cabin Safety and Environmental Systems
Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198;
phone: 206–231–3986; email:
Courtney.K.Tuck@faa.gov.
(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 the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
B787–81205–SB250290–00 RB, Issue 001,
dated November 1, 2022.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
telephone 562–797–1717; website
myboeingfleet.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,
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued on March 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–07368 Filed 4–7–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0662; Project
Identifier MCAI–2022–00745–T]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2020–07–13, which applies to certain
Bombardier, Inc., Model BD–100–1A10
airplanes. AD 2020–07–13 requires
revising the existing airplane flight
manual (AFM) to provide the flightcrew
with new warnings for ‘‘Autoflight’’ and
‘‘Engine Failure in Climb During ALTS
CAP.’’ Since the FAA issued AD 2020–
07–13, the procedures were revised 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. This proposed AD
would 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
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by May 25, 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–
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
SUMMARY:
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21123
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
NPRM, the mandatory continuing
airworthiness information (MCAI), any
comments received, and other
information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this NPRM, contact Bombardier
Business Aircraft Customer Response
Center, 400 Coˆte-Vertu Road West,
Dorval, Que´bec H4S 1Y9, Canada;
telephone 514–855–2999; email ac.yul@
aero.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.
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 relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–0662; Project Identifier
MCAI–2022–00745–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
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Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to 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
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
account for engine failure while
capturing an altitude. The MCAI states
that Transport Canada AD CF–2019–12
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.
The FAA is proposing 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.
FAA’s Determination
Background
The FAA issued AD 2020–07–13,
Amendment 39–19892 (85 FR 20394,
April 13, 2020) (AD 2020–07–13), for
certain Bombardier, Inc., Model BD–
100–1A10 airplanes. AD 2020–07–13
was prompted by an MCAI originated by
Transport Canada, which is the aviation
authority for Canada. Transport Canada
issued AD CF–2019–12, dated April 3,
2019 (AD CF–2019–12), to correct an
unsafe condition.
AD 2020–07–13 requires 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.
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.
Compliance With AFM Revisions
Actions Since AD 2020–07–13 was
Issued
Since the FAA issued AD 2020–07–
13, Transport Canada superseded AD
CF–2019–12 and issued Transport
Canada AD CF–2019–12R1, dated June
9, 2022 (referred to after this as the
MCAI), to correct an unsafe condition
on certain Bombardier, Inc., Model BD–
100–1A10 airplanes. The MCAI states
that during altitude capture flight, the
flight guidance/autopilot does not
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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 described above. The FAA
is issuing this NPRM after determining
that unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would retain none
of the requirements of AD 2020–07–13.
This proposed AD would 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.’’
Transport Canada AD CF–2019–12R1
requires operators to ‘‘advise all flight
crews’’ of revisions to the AFM, and
thereafter to ‘‘operate the aeroplane
accordingly.’’ However, this proposed
AD would not specifically require those
actions as those actions are already
required by FAA regulations. FAA
regulations require operators furnish to
pilots any changes to the AFM (for
example, 14 CFR 121.137), and to
ensure the pilots are familiar with the
AFM (for example, 14 CFR 91.505). As
with any other flightcrew training
requirement, training on the updated
AFM content is tracked by the operators
and recorded in each pilot’s training
record, which is available for the FAA
to review. FAA regulations also require
pilots to follow the procedures in the
existing AFM including all updates. 14
CFR 91.9 requires that any person
operating a civil aircraft must comply
with the operating limitations specified
in the AFM. Therefore, including a
requirement in this proposed AD to
operate the airplane according to the
revised AFM would be redundant and
unnecessary.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 244
airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on
U.S. operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$20,740
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 has determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) 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.
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List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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PART 39—AIRWORTHINESS
DIRECTIVES
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:
a. Removing Airworthiness Directive
(AD) 2020–07–13, Amendment 39–
19892 (85 FR 20394, April 13, 2020);
and
■ b. Adding the following new AD:
■
■
Bombardier, Inc.: Docket No. FAA–2023–
0662; Project Identifier MCAI–2022–
00745–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by May 25,
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)
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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, 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
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the New York ACO Branch,
mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (i)(2) of this AD or
email to: 9-avs-nyaco-cos@faa.gov. 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, New York ACO 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 DAOauthorized 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, 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.
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(j) Material Incorporated by Reference
DEPARTMENT OF TRANSPORTATION
(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) 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 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email
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 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 fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on April 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–07189 Filed 4–7–23; 8:45 am]
BILLING CODE 4910–13–P
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Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–0615; Airspace
Docket No. 23–ASW–4]
RIN 2120–AA66
Proposed Establishment of Class E
Airspace; Winnie/Stowell, TX
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E airspace at Winnie/
Stowell, TX. The FAA is proposing this
action to support new public instrument
procedures.
DATES: Comments must be received on
or before May 25, 2023.
ADDRESSES: Send comments identified
by FAA Docket No. FAA–2023–0615
and Airspace Docket No 23–ASW–4
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instruction for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11G, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Rebecca Shelby, Federal Aviation
SUMMARY:
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Administration, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5857.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
establish Class E airspace extending
upward from 700 feet above the surface
at Chambers County/Winnie Stowell
Airport, Winnie/Stowell, TX, to support
instrument flight rule operations at this
airport.
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. Comments are specifically
invited on the overall regulatory,
aeronautical, economic, environmental,
and energy-related aspects of the
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
time if comments are filed
electronically, or commenters should
send only one copy of written
comments if comments are filed in
writing.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it received on or before
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or dely. The FAA may change
this proposal in light of the comments
it receives.
Privacy: In accordance with 5USC
553(c), DOT solicits comments from the
public to better inform its rulemaking
process. DOT post these comments,
E:\FR\FM\10APP1.SGM
10APP1
]]>Agencies
[Federal Register Volume 88, Number 68 (Monday, April 10, 2023)]
[Proposed Rules]
[Pages 21123-21126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07189]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2020-07-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 airplanes. AD 2020-07-13 requires revising the existing airplane
flight manual (AFM) to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' Since
the FAA issued AD 2020-07-13, the procedures were revised 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. This proposed AD would 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 proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 25,
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-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-2023-0662; 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 NPRM, the mandatory continuing airworthiness information
(MCAI), any comments received, and other information. The street
address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this NPRM, 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.
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 relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-0662; Project Identifier
MCAI-2022-00745-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner.
[[Page 21124]]
Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is
exempt from public disclosure. If your comments responsive to this NPRM
contain commercial or financial information that is customarily treated
as private, that you actually treat as private, and that is relevant or
responsive to this NPRM, it is important that you clearly designate the
submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' The FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to 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 which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13), for certain Bombardier, Inc., Model
BD-100-1A10 airplanes. AD 2020-07-13 was prompted by an MCAI originated
by Transport Canada, which is the aviation authority for Canada.
Transport Canada issued AD CF-2019-12, dated April 3, 2019 (AD CF-2019-
12), to correct an unsafe condition.
AD 2020-07-13 requires 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.
Actions Since AD 2020-07-13 was Issued
Since the FAA issued AD 2020-07-13, Transport Canada superseded AD
CF-2019-12 and issued Transport Canada AD CF-2019-12R1, dated June 9,
2022 (referred to after this as the MCAI), to correct an unsafe
condition on certain Bombardier, Inc., Model BD-100-1A10 airplanes. 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
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.
The FAA is proposing 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.
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.
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 described above. The FAA is issuing this NPRM
after determining that unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain none of the requirements of AD 2020-
07-13. This proposed AD would 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.''
Compliance With AFM Revisions
Transport Canada AD CF-2019-12R1 requires operators to ``advise all
flight crews'' of revisions to the AFM, and thereafter to ``operate the
aeroplane accordingly.'' However, this proposed AD would not
specifically require those actions as those actions are already
required by FAA regulations. FAA regulations require operators furnish
to pilots any changes to the AFM (for example, 14 CFR 121.137), and to
ensure the pilots are familiar with the AFM (for example, 14 CFR
91.505). As with any other flightcrew training requirement, training on
the updated AFM content is tracked by the operators and recorded in
each pilot's training record, which is available for the FAA to review.
FAA regulations also require pilots to follow the procedures in the
existing AFM including all updates. 14 CFR 91.9 requires that any
person operating a civil aircraft must comply with the operating
limitations specified in the AFM. Therefore, including a requirement in
this proposed AD to operate the airplane according to the revised AFM
would be redundant and unnecessary.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 244 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
[[Page 21125]]
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
----------------------------------------------------------------------------------------------------------------
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 has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) 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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
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:
Bombardier, Inc.: Docket No. FAA-2023-0662; Project Identifier MCAI-
2022-00745-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 25, 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, 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 responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the New York ACO
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, New York ACO
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, 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].
[[Page 21126]]
(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) 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 April 1, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-07189 Filed 4-7-23; 8:45 am]
BILLING CODE 4910-13-P
