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[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Proposed Rules]
[Pages 93528-93530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27784]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 229 / Wednesday, November 27, 2024 / 
Proposed Rules

[[Page 93528]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2543; Project Identifier MCAI-2024-00342-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 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 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website 
bombardier.com.
     You may view this 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: [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 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: [email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-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__.

[[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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $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

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:

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.

[[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: 
[email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or Transport Canada; or Bombardier, 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: [email protected].

(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 C[ocirc]te-Vertu 
Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-
2999; email bombardier.com">ac.yul@aero.bombardier.com; website bombardier.com.
    (4) You may view this 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 [email protected].

    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
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