[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Proposed Rules]
[Pages 21047-21052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07619]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0453; Project Identifier MCAI-2020-01557-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 BD-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by reports of the loss of all 
air data system information provided to the flightcrew during flight; 
the air data system information was recovered as the airplane descended 
to lower altitudes. This proposed AD would require revising the 
existing airplane flight manual (AFM) to update the Unreliable Airspeed 
and Landing Distance Factor emergency procedures, which provide 
instructions for the flightcrew to stabilize the airspeed and altitude. 
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 1-514-855-2999; 
email <a href="/cdn-cgi/l/email-protection#18797b36616d7458797d6a77367a77757a796a7c717d6a367b7775"><span class="__cf_email__" data-cfemail="82e3e1acfbf7eec2e3e7f0edace0edefe0e3f0e6ebe7f0ace1edef">[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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0453; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#83baaee2f5f0aeedfae2e0ecaee0ecf0c3e5e2e2ade4ecf5"><span class="__cf_email__" data-cfemail="fdc4d09c8b8ed093849c9e92d09e928ebd9b9c9cd39a928b">[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-2022-0453; Project Identifier 
MCAI-2020-01557-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 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

[[Page 21048]]

placed in the public docket of this NPRM. Submissions containing CBI 
should be sent to Chirayu Gupta, Aerospace Engineer, Mechanical Systems 
and Administrative Services Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; 
email <a href="/cdn-cgi/l/email-protection#063f2b6770752b687f6765692b6569754660676728616970"><span class="__cf_email__" data-cfemail="f1c8dc908782dc9f8890929edc929e82b1979090df969e87">[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-2020-50, dated November 20, 
2020 (TCCA AD CF-2020-50) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for certain Bombardier, Inc., Model BD-700-1A10 and 
BD-700-1A11 airplanes. You may examine the MCAI in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0453.
    This proposed AD was prompted by reports of the loss of all air 
data system information provided to the flightcrew during flight; the 
air data system information was recovered as the airplane descended to 
lower altitude. An investigation determined that the root cause was 
usually high altitude icing (ice crystal contamination). The FAA is 
proposing this AD to address loss of all air data system information, 
which could lead to loss of continued safe flight and landing of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued the following service information. 
This service information describes procedures for stabilizing the 
airspeed and altitude of the airplane. These documents are distinct 
since they apply to different airplane models.
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures; and Instruments 
procedure, Landing Distance Factors section, of the Emergency 
Procedures section of Supplement 20--Operations at Airport Elevations 
Above 10,000 Feet, Chapter 7--Supplements; of the Bombardier Global 
Express AFM, Publication No. CSP 700-1, Revision 107, dated February 
22, 2021. (For obtaining the procedures for Bombardier Global Express 
AFM, Publication No. CSP 700-1, use Document Identification No. GL 700 
AFM-1.)
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures; and Instruments 
procedure, Landing Distance Factors section, of the Emergency 
Procedures section of Supplement 20--Operations at Airport Elevations 
Above 10,000 Feet, Chapter 7--Supplements; of the Bombardier Global 
Express AFM, Publication No. CSP 700-1A, Revision 107, dated February 
22, 2021. (For obtaining the procedures for Bombardier Global Express 
AFM, Publication No. CSP 700-1A, use Document Identification No. GL 700 
AFM-1A.)
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures; and Instruments 
procedure, Landing Distance Factors section, of the Emergency 
Procedures section of Supplement 20--Operations at Airport Elevations 
Above 10,000 Feet, Chapter 7--Supplements; of the Bombardier Global 
5000 AFM, Publication No. CSP 700-5000-1, Revision 68, dated February 
22, 2021. (For obtaining the procedures for Bombardier Global 5000 AFM, 
Publication No. CSP 700-5000-1, use Document Identification No. GL 5000 
AFM.)
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures; and Instruments 
procedure, Landing Distance Factors section, of the Emergency 
Procedures section of Supplement 20--Operations at Airport Elevations 
Above 10,000 Feet, Chapter 7--Supplements; of the Bombardier Global 
5000 Featuring Global Vision Flight Deck AFM, Publication No. CSP 700-
5000-1V, Revision 37, dated February 22, 2021. (For obtaining the 
procedures for Bombardier Global 5000 Featuring Global Vision Flight 
Deck AFM, Publication No. CSP 700-5000-1V, use Document Identification 
No. GL 5000 GVFD AFM.)
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures, of the Bombardier 
Global 5500 AFM, Publication No. CSP 700-5500-1, Revision 8, dated 
November 11, 2020. (For obtaining the procedures for Bombardier Global 
5500 AFM, Publication No. CSP 700-5500-1, use Document Identification 
No. GL 5500 AFM.)
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures; and Instruments 
procedure, Landing Distance Factors section, of the Emergency 
Procedures section of Supplement 20--Operations at Airport Elevations 
Above 10,000 Feet, Chapter 7--Supplements; of the Bombardier Global 
6000 AFM, Publication No. CSP 700-1V, Revision 37, dated February 22, 
2021. (For obtaining the procedures for Bombardier Global 6000 AFM, 
Publication No. CSP 700-1V, use Document Identification No. GL 6000 
AFM.)
    <bullet> Unreliable Airspeed procedure, Section 03-12, Primary 
Flight Displays, Chapter 3--Emergency Procedures of the Bombardier 
Global 6500 AFM, Publication No. CSP 700-6500-1, Revision 8, dated 
November 11, 2020. (For obtaining the procedures for Bombardier Global 
6500 AFM, Publication No. CSP 700-6500-1, use Document Identification 
No. GL 6500 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

    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 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 the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing AFM to update 
the Unreliable Airspeed and Landing Distance Factor emergency 
procedures, which provide instructions for the flightcrew to stabilize 
the airspeed and altitude.
    TCCA AD CF-2020-50 requires operators to ``inform 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

[[Page 21049]]

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 395 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          $33,575
----------------------------------------------------------------------------------------------------------------

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-2022-0453; Project Identifier MCAI-
2020-01557-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 26, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers (S/
Ns) 9002 through 9998 inclusive, and S/Ns 60001 through 60027 
inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by reports of the loss of all air data 
system information provided to the flightcrew during flight; the air 
data system information was recovered as the airplanes descended to 
lower altitudes. The FAA is issuing this AD to address loss of all 
air data system information, which could lead to loss of continued 
safe flight and landing of the airplane.

(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 AFM 
sections and supplements, as applicable, of the AFM revisions 
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. 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 the DAO, the approval must include the DAO-authorized 
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-50, dated November 20, 2020, for related 
information. This MCAI may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0453.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#1d24307c6b6e3073647c7e72307e726e5d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="566f7b3720257b382f3735397b3539251630373778313920">[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 1-514-855-2999; email <a href="/cdn-cgi/l/email-protection#f79694d98e829bb796928598d995989a959685939e9285d994989a"><span class="__cf_email__" data-cfemail="e28381cc9b978ea28387908dcc808d8f808390868b8790cc818d8f">[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. 2022-07619 Filed 4-8-22; 8:45 a.m.]
BILLING CODE 4910-13-C


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