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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2024-2543; Project Identifier MCAI-2024-00342-T]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for all Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD was prompted by the discovery that a partial loss of thrust after an engine failure during a required navigation performance authorization required (RNP-AR) approach under certain weight, altitude and temperature (WAT) conditions, may lead to a descent below the specified path guidance. This proposed AD would require a revision to the existing airplane flight manual (AFM), to incorporate updated WAT tables for RNP-AR approach operations. 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 January 13, 2025.
 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-2024-2543; 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 Bombardier material identified in this proposed AD, contact Bombardier Business Aircraft Customer Response Center, 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email*ac.yul@aero.bombardier.com;*
                         website 
                        *bombardier.com*.
                    You may view this material 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: Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7300; 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 the 
                    **ADDRESSES**
                     section. Include “Docket No. FAA-2024-2543; Project Identifier MCAI-2024-00342-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. 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 Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7300; 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. Background Transport Canada, which is the aviation authority for Canada, has issued Transport Canada AD CF-2024-22, dated June 13, 2024 (Transport Canada AD CF-2024-22) (also referred to after this as the MCAI), to correct an unsafe condition on all Bombardier, Inc., Model BD-700-2A12 airplanes. The MCAI states that it was discovered that a partial loss of thrust after an engine failure during an RNP-AR approach under certain WAT conditions, may lead to a descent below 75 foot of the path guidance, requiring a go-around. The resultant vertical deviation may exceed allowable approach containment for obstacle clearance and may largely reduce the safety margins in the missed approach. The FAA is proposing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at 
                    *regulations.gov*
                     under Docket No. FAA__.
                    ( print page 93529) Material Incorporated by Reference Under 1 CFR Part 51 The FAA reviewed (Bombardier) Global 7500 Airplane Flight Manual Temporary Revision TR-58, dated March 21, 2024. This material specifies procedures to update WAT tables for RNP-AR approach operations to contain possible vertical deviations within the 75 foot requirement. This material 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 material referenced above. The FAA is issuing this NPRM after determining that the 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 require a revision to the existing AFM to incorporate updated WAT tables for RNP-AR approach operations that contain possible vertical deviations within the 75 foot requirement. Compliance With AFM Revisions Transport Canada AD CF-2024-22 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 70 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: Estimated Costs for Required Actions
Labor cost
Parts cost
Cost per 
                             product
Cost on U.S. operators1 work-hour × $85 per hour = $85
$0
$85
$5,950
 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this 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) Would not affect intrastate aviation in Alaska, and (3) Would 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
 1.The authority citation for part 39 continues to read as follows: Authority:
                    49 U.S.C. 106(g), 40113, 44701. § 39.13
 2.The FAA amends § 39.13 by adding the following new airworthiness directive: **Bombardier, Inc.:**
                         Docket No. FAA-2024-2543; Project Identifier MCAI-2024-00342-T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by January 13, 2025. (b) Affected ADs None. (c) Applicability This AD applies to all Bombardier, Inc., Model BD-700-2A12 airplanes. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. (e) Unsafe Condition This AD was prompted by the discovery that a partial loss of thrust after an engine failure during a required navigation performance authorization required (RNP-AR) approach under certain weight, altitude, and temperature (WAT) conditions, may lead to a descent below 75 feet of the path guidance, requiring a go-around. The resultant vertical deviation may exceed allowable approach containment for obstacle clearance and may reduce the safety margins in the missed approach.
                        ( print page 93530) (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 (Bombardier) Global 7500 Airplane Flight Manual Temporary Revision TR-58, dated March 21, 2024. (h) Additional AD Provisions The following provisions also apply to this AD: (1) 
                        *Alternative Methods of Compliance (AMOCs):*
                         The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (i) of this AD and email to: 
                        *AMOC@faa.gov*. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) 
                        *Contacting the Manufacturer:*
                         For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Bombardier, Inc.'s, Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (i) Additional Information For more information about this AD, contact Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: 
                        *9-avs-nyaco-cos@faa.gov.* (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) (Bombardier) Global 7500 Airplane Flight Manual Temporary Revision TR-58, dated March 21, 2024. (ii) Reserved (3) For material identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-2999; email 
                        *ac.yul@aero.bombardier.com;*
                         website 
                        *bombardier.com.* (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                        *www.archives.gov/​federal-register/​cfr/​ibr-locations*
                         or email 
                        *fr.inspection@nara.gov.* Issued on November 21, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.


[FR Doc. 2024-27784 Filed 11-26-24; 8:45 am] BILLING CODE 4910-13-P