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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1219; Project Identifier MCAI-2023-00004-T;
Amendment 39-22651; AD 2023-26-08]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes.
This AD was prompted by a determination that a combination of system
faults and procedural actions will cause the ground spoilers to deploy
in the air. This AD requires revising the existing airplane flight
manual (AFM) to add revised procedures. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective March 20, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 20,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1219; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
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. It is also available at
regulations.gov under Docket No. FAA-2023-1219.
FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B16 (604 Variant) airplanes. The NPRM published in
the Federal Register on July 5, 2023 (88 FR 42886). The NPRM was
prompted by AD CF-2023-01, dated January 4, 2023, issued by Transport
Canada (hereafter referred to as the MCAI), which is the aviation
authority for Canada. The MCAI states that, during an in-service event,
a combination of system faults and procedural actions caused the ground
spoilers to deploy in the air. During this event, the WOW [weight-on-
wheels] INPUT Caution message had posted on the engine indication and
crew alerting system (EICSA) after takeoff. The WOW INPUT message
persisted, even after the flightcrew executed the WOW INPUT Quick
Reference Handbook (QRH) procedure. During this time, the GND SPLRS
[ground spoilers] NOT ARMED message also posted, and the flightcrew
consequently manually armed the ground spoilers as required by
procedure. An investigation by Bombardier, Inc., revealed that a fault
occurred in the proximity sensor electronic unit (PSEU), which
erroneously indicated ON GROUND while the airplane was in the air.
In the NPRM, the FAA proposed to require revision of the existing
AFM to add revised procedures. The FAA is issuing this AD to address
possible ground spoiler deployment leading to reduced controllability
of the airplane, or excessive loss of altitude on final approach.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1219.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment from a commenter who supported the
NPRM without change.
The FAA received additional comments from Bombardier. The following
presents the comments received and the FAA's responses.
Request for Later-Approved Service Information
Bombardier requested that the FAA change the AD to allow the use of
the AFM revisions specified ``or later revisions approved by the FAA,
TCCA [Transport Canada Civil Aviation], or the Bombardier DAO [Design
Approval Organization].''
The FAA disagrees with the commenter's request. The FAA may not
refer to any future document that does not yet exist in an AD because
1
CFR 51.1(f) states a publication's incorporation by reference is
limited to its approved edition; future publication amendments or
revisions are outside this inclusion.
Further, paragraph (g) of this AD requires operators to incorporate
``the information specified in'' the specified AFM documents. If
operators incorporate a later revision of an AFM document that contains
the same information as the specified AFM document, then they are in
compliance with paragraph (g) of this AD. However, if there are changes
to procedures in later revisions, operators may request an alternative
method of compliance with this AD under the provisions of paragraph
(h)(1) of this AD.
Additional Changes Made to This Final Rule
In the NPRM, the FAA inadvertently referred to Sub-sub-section K,
``Ground Spoilers Unsafe,'' of Bombardier Challenger 604 Airplane
Flight Manual, Publication No. PSP 604-1, Revision 125, dated March 14,
2022. The ``Ground Spoilers Unsafe,'' procedure of that document is
actually ``Sub-sub-section L.'' Therefore, the FAA has revised all
references of ``Sub-sub-section K'' to ``Sub-sub-section L.''
Conclusion
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
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed the following service information, which specifies
revised Abnormal Procedures of the AFM for Ground Spoilers Unsafe and
Weight-on-Wheels Input Fault procedures. These documents are distinct
since they apply to different airplane models and configurations.
Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight Controls,''
of Chapter 5, ABNORMAL PROCEDURES, of Bombardier Challenger 604
Airplane Flight Manual, Publication No. PSP 604-1, Revision 125, dated
March 14, 2022. (For obtaining Bombardier Challenger 604 Airplane
Flight Manual, Publication No. PSP 604-1, use Document Identification
No. CH 604 AFM.)
Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 05-
16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, ABNORMAL
PROCEDURES, of Bombardier Challenger 604 Airplane Flight Manual,
Publication No. PSP 604-1, Revision 125, dated March 14, 2022. (For
obtaining Bombardier Challenger 604 Airplane Flight Manual, Publication
No. PSP 604-1, use Document Identification No. CH 604 AFM.)
Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight Controls,''
of Chapter 5, ABNORMAL PROCEDURES, of Bombardier Challenger 605
Airplane Flight Manual, Publication No. PSP 605-1, Revision 63, dated
March 14, 2022. (For obtaining Bombardier Challenger 605 Airplane
Flight Manual, Publication No. PSP 605-1, use Document Identification
No. CH 605 AFM.)
Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 05-
16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, ABNORMAL
PROCEDURES, of Bombardier Challenger 605 Airplane Flight Manual,
Publication No. PSP 605-1, Revision 63, dated March 14, 2022. (For
obtaining Bombardier Challenger 605 Airplane Flight Manual, Publication
No. PSP 605-1, use Document Identification No. CH 605 AFM.)
Sub-sub-section L, ``Ground Spoilers Unsafe,'' of sub-
section 1, ``Flight Controls,'' of Section 05-11, ``Flight Controls,''
of Chapter 5, ABNORMAL PROCEDURES, of Bombardier Challenger 650
Airplane Flight Manual, Publication No. PSP 650-1, Revision 28, dated
March 14, 2022. (For obtaining Bombardier Challenger 650 Airplane
Flight Manual, Publication No. PSP 650-1, use Document Identification
No. CH 650 AFM.)
Sub-sub-section H, ``Weight-on-Wheels Input Fault,'' of
sub-section 1, ``Landing Gear, Wheel and Brake System,'' of Section 05-
16, ``Landing Gear, Wheel and Brake System,'' of Chapter 5, ABNORMAL
PROCEDURES, of Bombardier Challenger 650 Airplane Flight Manual,
Publication No. PSP 650-1, Revision 28, dated March 14, 2022. (For
obtaining Bombardier Challenger 650 Airplane Flight Manual, 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.
Costs of Compliance
The FAA estimates that this AD affects 44 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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
|
$3,740
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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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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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