DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0513; Project Identifier MCAI-2021-01162-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 that the thrust
reverser correction factors presented in certain airplane flight manual
(AFM) performance charts for landing on contaminated runways do not
provide sufficient margin for stopping distances in certain conditions.
This proposed AD would require revising the existing AFM to correct the
affected performance charts. 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 June
23,
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, Inc., Business Aircraft Customer Response Center, 400
Cote-Vertu Road West, Dorval, Quebec H4S 1Y9, Canada;
telephone 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-2022-0513; 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.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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-2022-0513; Project Identifier
MCAI-2021-01162-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
Gabriel Kim, 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-2021-35, dated October 26,
2021 (TCCA AD CF-2021-35) (also referred to after this as 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-2022-0513.
This proposed AD was prompted by reports that the thrust reverser
correction factors presented in certain AFM performance charts for
landing on contaminated runways do not provide sufficient margin for
stopping distances in certain conditions. The FAA is proposing this AD
to address incorrect AFM performance charts, which if not corrected,
could lead to longitudinal runway excursions. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
Bombardier, Inc., has issued the following service information,
which specifies revised AFM limitations and corrections to the
performance charts for landing on contaminated runways. These documents
are distinct since they apply to different airplane models and
configurations.
The following paragraphs and supplements of the Bombardier Global
Express Airplane Flight Manual--Publication No. CSP 700-1, Revision
109, dated August 16, 2021. (For obtaining this section of the
Bombardier Global Express Airplane Flight Manual--Publication No. CSP
700-1, use Document Identification No. GL 700 AFM-1.)
Paragraph C., Wet Runway Take-Off Field Length, of Section
2. Take-Off Performance--Slat Out/Flap 6[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph C., Wet Runway Take-Off Field Length, of Section
3. Take-Off Performance--Slat Out/Flap 16[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph B., Effects of Cowl Anti-Ice On, of Section 2.
Performance Corrections, of the Performance Data for Operation in Icing
Condition section of Chapter 6--Performance.
Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice
Accumulation, of Section 2., Performance Corrections, of the
Performance Data for Operation in Icing Condition section of Chapter
6--Performance.
Supplement 3--Operation on Contaminated Runways, of
Chapter 7--Supplements.
Paragraph A., Improved Climb Performance, of Section 6--
Performance, of Supplement 5--Improved Climb Performance, of Chapter
7--Supplements.
Paragraph B., Take-Off Field Length, of Section 6--
Performance, of Supplement 20--Operations at Airport Elevations Above
10,000 Feet, of Chapter 7--Supplements.
Paragraph G., Operation in Icing Conditions, of Section
6--Performance, of Supplement 20--Operations at Airport Elevations
Above 10,000 Feet, of Chapter 7--Supplements.
The following paragraphs and supplements of the Bombardier Global
Express Airplane Flight Manual--Publication No. CSP 700-1A, Revision
109, dated August 16, 2021. (For obtaining this section of the
Bombardier Global Express Airplane Flight Manual--Publication No. CSP
700-1A, use Document Identification No. GL 700 AFM-1A.)
Paragraph C., Wet Runway Take-Off Field Length, of Section
2. Take-Off Performance--Slat Out/Flap 6[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph C., Wet Runway Take-Off Field Length, of Section
3. Take-Off Performance--Slat Out/Flap 16[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph B., Effects of Cowl Anti-Ice On, of Section 2.
Performance Corrections, of the Performance Data for Operation in Icing
Condition section of Chapter 6--Performance.
Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice
Accumulation, of Section 2. Performance Corrections, of the Performance
Data for Operation in Icing Condition section of Chapter 6--
Performance.
Supplement 3--Operation on Contaminated Runways, of
Chapter 7--Supplements.
Paragraph A., Improved Climb Performance, of Section 6--
Performance, of Supplement 5--Improved Climb Performance, of Chapter
7--Supplements.
Paragraph B., Take-Off Field Length, of Section 6--
Performance, of Supplement 20--Operations at Airport Elevations Above
10,000 Feet, of Chapter 7--Supplements.
Paragraph G., Operation in Icing Conditions, of Section
6--Performance, of Supplement 20--Operations at Airport Elevations
Above 10,000 Feet, of Chapter 7--Supplements.
The following paragraphs and supplements of the Bombardier Global
6000 Airplane Flight Manual--Publication No. CSP 700-1V, Revision 39,
dated August 16, 2021. (For obtaining this section of the Bombardier
Global 6000 Airplane Flight Manual--Publication No. CSP 700-1V, use
Document Identification No. GL 6000 AFM.)
Paragraph C., Wet Runway Take-Off Field Length, of Section
2. Take-Off Performance--Slat Out/Flap 6[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph C., Wet Runway Take-Off Field Length, of Section
3. Take-Off Performance--Slat Out/Flap 16[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph B., Effects of Cowl Anti-Ice On, of Section 2.
Performance Corrections, of the Performance Data for Operation in Icing
Condition section of Chapter 6--Performance.
Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice
Accumulation, of Section 2., Performance Corrections, of the
Performance Data for Operation in Icing Condition section of Chapter
6--Performance.
Supplement 3--Operation on Contaminated Runways, of
Chapter 7--Supplements.
Paragraph B., Take-Off Field Length, of Section 6--
Performance, of Supplement 20--Operations at Airport Elevations Above
10,000 Feet, of Chapter 7--Supplements.
Paragraph G., Operation in Icing Conditions, of Section
6--Performance, of Supplement 20--Operations at Airport Elevations
Above 10,000 Feet, of Chapter 7--Supplements.
Paragraph A., Take-off on Wet Grooved Runways, of Section
6--Performance, of Supplement 35--Operation on Wet Grooved Runways, of
Chapter 7--Supplements.
The following paragraphs and supplements of the Bombardier Global
5000 Airplane Flight Manual--Publication No. CSP 700-5000-1, Revision
70, dated August 16, 2021. (For obtaining this section of the
Bombardier Global 5000 Airplane Flight Manual--Publication No. CSP 700-
5000-1, use Document Identification No. GL 5000 AFM.)
Paragraph C., Wet Runway Take-Off Field Length, of Section
2. Take-Off Performance--Slat Out/Flap 6[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph C., Wet Runway Take-Off Field Length, of Section
3. Take-Off Performance--Slat Out/Flap 16[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph B., Effects of Cowl Anti-Ice On, of Section 2.
Performance Corrections, of the Performance Data for Operation in Icing
Condition section of Chapter 6--Performance.
Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice
Accumulation, of Section 2. Performance Corrections, of the Performance
Data for Operation in Icing Condition section of Chapter 6--
Performance.
Supplement 3--Operation on Contaminated Runways, of
Chapter 7--Supplements.
Paragraph B., Take-Off Field Length, of Section 6--
Performance, of Supplement 20--Operations at Airport Elevations Above
10,000 Feet, of Chapter 7--Supplements.
Paragraph G., Operation in Icing Conditions, of Section
6--Performance, of Supplement 20--Operations at Airport Elevations
Above 10,000 Feet, of Chapter 7--Supplements.
The following paragraphs and supplements of the Bombardier Global
5000 Featuring Global Vision Flight Deck (GVFD) Airplane Flight
Manual--Publication No. CSP 700-5000-1V,
Revision 39, dated August 16, 2021. (For obtaining this section of the
Bombardier Global 5000 Featuring Global Vision Flight Deck Airplane
Flight Manual--Publication No. CSP 700-5000-1V, use Document
Identification No. GL 5000 GVFD AFM.)
Paragraph C., Wet Runway Take-Off Field Length, of Section
2. Take-Off Performance--Slat Out/Flap 6[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph C., Wet Runway Take-Off Field Length, of Section
3. Take-Off Performance--Slat Out/Flap 16[deg], of the Take-Off
Performance section of Chapter 6--Performance.
Paragraph B., Effects of Cowl Anti-Ice On, of Section 2.
Performance Corrections, of the Performance Data for Operation in Icing
Condition section of Chapter 6--Performance.
Paragraph C., Effects of Wing and Cowl Anti-Ice On/Ice
Accumulation, of Section 2. Performance Corrections, of the Performance
Data for Operation in Icing Condition section of Chapter 6--
Performance.
Supplement 3--Operation on Contaminated Runways, of
Chapter 7--Supplements.
Paragraph B., Take-Off Field Length, of Section 6--
Performance, of Supplement 20--Operations at Airport Elevations Above
10,000 Feet, of Chapter 7--Supplements.
Paragraph G., Operation in Icing Conditions, of Section
6--Performance, of Supplement 20--Operations at Airport Elevations
Above 10,000 Feet, of Chapter 7--Supplements.
Paragraph A., Take-off on Wet Grooved Runways, of Section
6--Performance, of Supplement 35--Operation on Wet Grooved Runways, of
Chapter 7--Supplements.
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 accomplishing the actions specified
in the service information already described.
TCCA AD CF-2021-35 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 408 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
|
$34,680
|
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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