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:
Federal eRulemaking Portal: Go to https://www.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.
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 ac.yul@aero.bombardier.com; 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 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-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
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 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 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.
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.)
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.)
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.)
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.)
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.)
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.)
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 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
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. 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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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