DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0662; Project Identifier MCAI-2022-00745-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 supersede Airworthiness Directive (AD)
2020-07-13, which applies to certain Bombardier, Inc., Model BD-100-
1A10 airplanes. AD 2020-07-13 requires revising the existing airplane
flight manual (AFM) to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' Since
the FAA issued AD 2020-07-13, the procedures were revised to ensure
that all applicable altitude capture modes utilized and annunciated in
the affected fleet are included and to more clearly denote these
altitude capture modes. This proposed AD would require revising the
existing AFM to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During (V) ALTS CAP or (V)
ALTV CAP.'' 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 25,
2023.

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-2023-0662; 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 service information identified in this NPRM, contact
Bombardier 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; website 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.

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 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-2023-0662; Project Identifier
MCAI-2022-00745-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 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 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

The FAA issued AD 2020-07-13, Amendment 39-19892 (85 FR 20394,
April 13, 2020) (AD 2020-07-13), for certain Bombardier, Inc., Model
BD-100-1A10 airplanes. AD 2020-07-13 was prompted by an MCAI originated
by Transport Canada, which is the aviation authority for Canada.
Transport Canada issued AD CF-2019-12, dated April 3, 2019 (AD CF-2019-
12), to correct an unsafe condition.
AD 2020-07-13 requires revising the existing AFM to provide the
flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in
Climb During ALTS CAP.'' The FAA issued AD 2020-07-13 to address the
occurrence of an engine failure during or before a climb while in ALTS
CAP or (V) ALTS CAP mode, as it could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.

Actions Since AD 2020-07-13 was Issued

Since the FAA issued AD 2020-07-13, Transport Canada superseded AD
CF-2019-12 and issued Transport Canada AD CF-2019-12R1, dated June 9,
2022 (referred to after this as the MCAI), to correct an unsafe
condition on certain Bombardier, Inc., Model BD-100-1A10 airplanes. The
MCAI states that during altitude capture flight, the flight guidance/
autopilot does not account for engine failure while capturing an
altitude. The MCAI states that Transport Canada AD CF-2019-12
referenced specific altitude capture modes but did not consider all
possible available annunciated altitude capture modes used in the
affected airplanes. Therefore, the MCAI mandates further updates to the
Limitation and Emergency Procedures sections of the AFM to ensure that
all applicable altitude capture modes utilized and annunciated in the
affected fleet are included and more clearly denotes these altitude
capture modes in these new procedures.
The FAA is proposing this AD to address the occurrence of an engine
failure during or before a climb while in altitude capture flight. The
unsafe condition, if not addressed, could cause the airspeed to drop
significantly below the safe operating speed and may require prompt
flightcrew intervention to maintain a safe operating speed.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0662.

Related Service Information Under 1 CFR Part 51

The FAA reviewed the following service information, which provides
new warnings for the ``Autoflight'' procedure in Section 02-04,
``Systems Limitations,'' of the LIMITATIONS section; and ``Engine
Failure in Climb During (V) ALTS CAP or (V) ALTV CAP,'' procedure in
Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES section; of
the applicable AFMs.
Bombardier Challenger 300 Airplane Flight Manual (Imperial
Version), Publication No. CSP 100-1, Revision 69, dated July 4, 2022.
(For obtaining the procedures for Bombardier Challenger 300 AFM
(Imperial Version), Publication No. CSP 100-1, use Document
Identification No. CH 300 AFM-I.)
Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 34, dated June 14, 2022. (For
obtaining the procedures for Bombardier Challenger 350 AFM, Publication
No. CH 350 AFM, use Document Identification No. CH 350 AFM.)
These documents are distinct since they apply to different airplane
models in different configurations. 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 this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information described above. The FAA is issuing this NPRM
after determining that 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 retain none of the requirements of AD 2020-
07-13. This proposed AD would require revising the existing AFM to
provide the flightcrew with new warnings for ``Autoflight'' and
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV CAP.''

Compliance With AFM Revisions

Transport Canada AD CF-2019-12R1 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 244 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:

Estimated Costs for Required Actions

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 has 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) Will not affect intrastate aviation in Alaska, and
(3) Will 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:

a. Removing Airworthiness Directive (AD) 2020-07-13, Amendment 39-19892
(85 FR 20394, April 13, 2020); and

b. Adding the following new AD: