[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Proposed Rules]
[Pages 21037-21044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07633]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0398; Project Identifier MCAI-2020-00881-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
This proposed AD was prompted by reports that during certain operating 
modes, the flight guidance/autopilot does not account for engine 
failure while capturing an altitude. This proposed AD would require 
revising the existing airplane flight manual (AFM) to provide the 
flightcrew with a new limitation and procedure for operation during 
certain flight modes. 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 26, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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 <a href="/cdn-cgi/l/email-protection#ee8f8dc0979b82ae8f8b9c81c08c81838c8f9c8a878b9cc08d8183"><span class="__cf_email__" data-cfemail="e8898bc6919d84a8898d9a87c68a87858a899a8c818d9ac68b8785">[email protected]</span></a>; internet https://www.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.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0398; 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. Comments will be available in the AD 
docket shortly after receipt.

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 <a href="/cdn-cgi/l/email-protection#271e0a4651540a495e4644480a4448546741464609404851"><span class="__cf_email__" data-cfemail="487165293e3b652631292b27652b273b082e2929662f273e">[email protected]</span></a>.

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-2022-0398; Project Identifier 
MCAI-2020-00881-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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 
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 <a href="/cdn-cgi/l/email-protection#7f46521e090c5211061e1c10521c100c3f191e1e51181009"><span class="__cf_email__" data-cfemail="3f06125e494c1251465e5c50125c504c7f595e5e11585049">[email protected]</span></a>. 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 Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-02, dated February 13, 
2020 (TCCA AD CF-2020-02) (also referred to as the MCAI), to correct an 
unsafe condition for certain Bombardier, Inc., Model CL-600-1A11 (600), 
CL-600-2A12 (601), and CL-600-2B16 (601-3A,

[[Page 21038]]

601-3R, and 604 Variants) airplanes. You may examine the MCAI in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2022-0398.
    This proposed AD was prompted by reports that during ALTSEL, ASEL, 
or ALTS CAP mode, the flight guidance/autopilot does not account for 
engine failure while capturing an altitude. The FAA is proposing this 
AD to address a possible engine failure during or before a climb while 
in ALTSEL, ASEL or ALTS CAP mode, which could cause the airspeed to 
drop significantly below the safe operating speed. Prompt crew 
intervention may be required to maintain a safe operating speed. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information. This 
service information contains a new AFM limitation and procedure for 
operation during certain flight modes. These documents are distinct 
since they apply to different airplane configurations. These 
configurations may include the presence or absence of winglets, 
incorporation of service bulletin 601-0300 which introduces an airspeed 
limitation placard, and the type of engine installed on the airplane.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ALTSEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Normal Procedures section of the 
Canadair Challenger AFM, Product Publication No. 600, Revision A115, 
dated June 16, 2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ALTSEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Canadair Challenger AFM, Product Support Publication (PSP) No. 600-1, 
Revision 107, dated June 16, 2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ALTSEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Canadair Challenger AFM, PSP No. 601-1A, Revision 129, dated June 16, 
2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ALTSEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Canadair Challenger AFM, PSP No. 601-1A-1, Revision 83, dated June 16, 
2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ALTSEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Canadair Challenger AFM, PSP No. 601-1B, Revision 87, dated June 16, 
2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ALTSEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Bombardier Canadair Challenger AFM, PSP No. 601-1B-1, Revision 85, 
dated June 16, 2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ASEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Canadair Challenger AFM, PSP No. 601A-1, Revision 107, dated June 16, 
2021.
    <bullet> Automatic Flight Control System limitation in the Systems 
Limitations in the Limitations section and Engine Failure in Climb 
During ASEL procedure in the Airplane Handling Procedures Following 
Engine Failure procedures in the Abnormal Procedures section of the 
Bombardier Canadair Challenger AFM, PSP No. 601A-1-1, Revision 96, 
dated June16, 2021.
    <bullet> Automatic Flight Control Systems limitation specified in 
Section 02-08, Systems Limitations, of Chapter 2--Limitations; and the 
Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP procedure 
in Section 05-03, Single Engine Procedures, of Chapter 5--Abnormal 
Procedures of the Bombardier Challenger 604 AFM, Publication No. PSP 
604-1, Revision 124, dated November 24, 2021. (For obtaining the 
limitation and procedure for the Bombardier Challenger 604 AFM, 
Publication No. PSP 604-1, use Document Identification No. CH 604 AFM.)
    <bullet> Automatic Flight Control Systems limitation specified in 
Section 02-08, Systems Limitations, of Chapter 2--Limitations; and the 
Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP procedure 
in Section 05-03, Single Engine Procedures, of Chapter 5--Abnormal 
Procedures of the Bombardier Challenger 605 AFM, Publication No. PSP 
605-1, Revision 62, dated November 24, 2021. (For obtaining the 
limitation and procedure for the Bombardier Challenger 605 AFM, 
Publication No. PSP 605-1, use Document Identification No. CH 605 AFM.)
    <bullet> Automatic Flight Control Systems limitation specified in 
Section 02-08, Systems Limitations, of Chapter 2--Limitations; and the 
Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP procedure 
in Section 05-03, Single Engine Procedures, of Chapter 5--Abnormal 
Procedures of the Bombardier Challenger 650 AFM, Publication No. PSP 
650-1, Revision 27, dated November 24, 2021. (For obtaining the 
limitation and procedure for the Bombardier Challenger 650 AFM, 
Publication No. PSP 650-1, use Document Identification No. CH 650 AFM.)
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, the FAA has been notified of the unsafe condition described 
in the MCAI and service information referenced above. The FAA is 
proposing this AD because the FAA evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop on other products of these same type 
designs.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing AFM to provide 
the flightcrew with a new limitation and procedure for operation during 
flight in certain flight modes.

Differences Between This Proposed AD and the MCAI

    This NPRM updates certain AFM revision levels identified in TCCA AD 
CF-2020-02, and therefore identifies the complete, most recent service 
information that will be incorporated by reference in the final rule. 
Operators should note that Bombardier revised the ALTS CAP mode to (V) 
ALTS CAP or

[[Page 21039]]

(V) ALTV CAP mode in a revision prior to the latest revisions of the 
Bombardier Challenger 604/605/650 AFMs referenced in this AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 133 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          $11,305
----------------------------------------------------------------------------------------------------------------

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-2022-0398; Project Identifier MCAI-
2020-00881-T.

(a) Comments Due Date

    The FAA must receive comments by May 26, 2022.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc., airplanes, certificated 
in any category, identified in paragraphs (c)(1) through (6) of this 
AD.
    (1) Model CL-600-1A11 (600), serial numbers 1001 through 1085 
inclusive.
    (2) Model CL-600-2A12 (601), serial numbers 3001 through 3066 
inclusive.
    (3) Model CL-600-2B16 (601-3A and 601-3R Variants), serial 
numbers 5001 through 5194 inclusive.
    (4) Model CL-600-2B16 (604 Variant), serial numbers 5301 through 
5665 inclusive.
    (5) Model CL-600-2B16 (604 Variant), serial numbers 5701 through 
5988 inclusive.
    (6) Model CL-600-2B16 (604 Variant), serial numbers 6050 through 
6999 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by reports that during certain operating 
modes, the flight guidance/autopilot does not account for engine 
failure while capturing an altitude. The FAA is issuing this AD to 
address a possible engine failure during or before a climb while in 
ALTSEL, ASEL or ALTS CAP mode, which could cause the airspeed to 
drop significantly below the safe operating speed. Prompt crew 
intervention may be required to maintain a safe operating speed.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Revision of the Existing Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the 
existing AFM to incorporate the information specified in the 
limitation and procedure specified in the applicable AFM specified 
in figure 1 to paragraph (g) of this AD.
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(h) Other FAA 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 responsible 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; telephone 516-228-7300; fax 516-794-5531. 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 Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by

[[Page 21044]]

the DAO, the approval must include the DAO-authorized signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-02, dated February 13, 2020, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0398.
    (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 <a href="/cdn-cgi/l/email-protection#734a5e1205005e1d0a12101c5e101c00331512125d141c05"><span class="__cf_email__" data-cfemail="f0c9dd918683dd9e8991939fdd939f83b0969191de979f86">[email protected]</span></a>.
    (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 <a href="/cdn-cgi/l/email-protection#177674396e627b57767265783975787a757665737e72653974787a"><span class="__cf_email__" data-cfemail="59383a77202c3519383c2b36773b36343b382b3d303c2b773a3634">[email protected]</span></a>; internet 
https://www.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.

    Issued on April 5, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07633 Filed 4-8-22; 8:45 am]
BILLING CODE 4910-13-C


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