DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0684; Project Identifier MCAI-2021-01204-T;
Amendment 39-22287; AD 2022-27-02]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was
prompted by a report of a lateral offset observed on the head-up
display (HUD) of several airplanes between the synthetic vision system
(SVS) and actual runway due to mechanical misalignment of the HUD
during manufacturing and assembly. This AD requires revising the
existing airplane flight manual (AFM) to prohibit steep approach
landing (SAL) and enhanced flight vision system (EFVS) operations. This
AD also requires calibrating the HUD. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective March 17, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 17,
2023.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-0684; 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 1-514-855-2999; 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-2022-0684.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347;
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 BD-700-2A12 airplanes. The NPRM published in the Federal
Register on June 21, 2022 (87 FR 36783). The NPRM was prompted by AD
CF-2021-36, dated November 1, 2021, issued by Transport Canada, which
is the aviation authority for Canada (referred to after this as the
MCAI). The MCAI states that during production activities, a lateral
offset was observed on the HUD of several airplanes between the SVS and
actual runway. An investigation determined the cause of the offset to
be mechanical misalignment of the HUD during manufacturing and
assembly. This offset, if not corrected, will create an incorrect
airplane reference display on the HUD, which could lead to excessive
deviation during landing. This could particularly affect SAL or EFVS
operations.
In the NPRM, the FAA proposed to require revising the existing AFM
to prohibit SAL and EFVS operations, and calibrating the HUD. The FAA
is issuing this AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0684.

Discussion of Final Airworthiness Directive

Comments

The FAA received a comment from Executive Jet Management, Inc.
(EJM). The following presents the comment received on the NPRM and the
FAA's response.

Request To Provide Means To Allow Later-Approved Service Information

EJM noted that ADs for Bombardier airplanes often involve approval
for alternative methods of compliance (AMOCs) because the required AFMs
or other service information becomes outdated before the AD becomes
effective. Because of the increasing number of Bombardier ADs that
require these AMOCs, EJM expressed concern over the burden associated
with the AMOC process. EJM recognized that the FAA cannot allow the
future use of service information that is not available when the AD is
published. EJM noted that an AD issued by the European Union Aviation
Safety Agency (EASA) typically states that the use of later-approved
revisions of the required service information is acceptable for
compliance, and that the corresponding FAA AD refers to that EASA AD
for the requirements. EJM requested a similar process for ADs for
Bombardier airplanes, adding that this process would streamline their
workload and enhance safety.
The FAA partially agrees with the request. The FAA agrees with
referencing the latest AFM revisions in this AD. Certain sections of
Bombardier Global 7500 AFM, Publication No. CSP 700-7000-1 cited in the
NPRM have been revised, as described under ``Related Service
Information under 1 CFR part 51'' in this final rule. The AFM sections
are modified to revise calculations for certain performance data, and
therefore do not add any additional work to the proposed requirements
of the NPRM. The FAA revised paragraphs (g)(1) through (3) of this AD
to require the revised service information. This AD also provides
credit for use of the documents that were identified in the NPRM, as
specified in revised paragraph (i) of this AD.
The FAA disagrees with adding a statement that allows using later-
approved revisions of the AFM sections specified in the Related Service
Information under 1 CFR part 51 section of this AD, as the FAA would
need to determine their effect to the AD. Further, the FAA is required
by Office of the Federal Register (OFR) regulations for approval of
materials incorporated by reference, as specified in 1 CFR 51.1(f), to
either publish the service document contents as part of the actual AD
language; or submit the service document to the OFR for approval as
referenced material, in which case the FAA may only refer to such
material in the text of an AD. However, it is not necessary to include
a statement in this final rule that allows the use of later-approved
revisions of the AFM. Paragraph (g) of this AD requires revising the
existing AFM to ``include the information in'' the specified sections
of the AFM. As long as the information included in the AFM is identical
to ``the information in'' those AFM sections, operators may use means
other than the specified AFM revisions to comply with the requirement.
Regarding the IBR the MCAI process, the FAA must have permission
from the design approval holder to post in the AD docket the service
information required for compliance with the MCAI. At this time, the
FAA has not received Bombardier's permission for the ``IBR the MCAI''
process. Without this permission, the FAA cannot IBR the MCAI.

Additional Changes Made to This AD

The FAA has revised paragraph (h) of this AD to allow the HUD
calibration to be done using Bombardier Service Bulletin 700-34-7521,
Revision 03, dated July 27, 2021, or Bombardier Service Bulletin 700-
34-7521, Revision 04, dated December 6, 2021; and Bombardier Service
Bulletin 700-34-7523, Revision 01, dated December 8, 2021; as
applicable. This change more closely reflects the revisions specified
in paragraph B. of the MCAI. The FAA has also removed paragraph
(i)(1)(iv) of this AD (paragraph (i)(4) of the proposed AD), and
reidentified the subsequent paragraph accordingly, because Bombardier
Service Bulletin 700-34-7521, Revision 03, dated July 27, 2021, is now
specified in paragraph (h) of this AD. Further, paragraphs (i)(1)(i)
through (iv) have been clarified to specify which documents are and are
not incorporated by reference in this AD.

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
comment 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

Bombardier has issued the following documents to prohibit SAL and
EFVS operations until the HUD has been calibrated.
Section 6., Service Bulletins, Chapter 1--Introduction,
Bombardier Global 7500 AFM, Publication No. CSP 700-7000-1, Revision
18, dated August 18, 2022.
Supplement 7--Enhanced Flight Vision System (EFVS)
Operations, Chapter 7--Supplements, Bombardier Global 7500 AFM,
Publication No. CSP 700-7000-1, Revision 18, dated August 18, 2022.
Supplement 20--Steep Approaches with Published Glidepath
Angles from 4.5 to 5.5 Degrees, Chapter 7--Supplements, Bombardier
Global 7500 AFM, Publication No. CSP 700-7000-1, Revision 18, dated
August 18, 2022.

(For obtaining this material in the Bombardier Global 7500 AFM,
Publication No. CSP 700-7000-1, use Document Identification No. GL 7500
AFM.)
Bombardier has issued the following documents, which specify
procedures for calibrating the HUD (and second HUD if installed). The
procedures include an inspection of the HUD mounting brackets and sill
beams for damage and contamination (e.g., drill shavings and adhesive)
of the mating surfaces and injection holes, an inspection for voids in
the structural adhesive, and applicable corrective actions. Corrective
actions include replacing damaged brackets and backfilling voids with
structural adhesive. These documents are distinct since they apply to
different airplane configurations.
Bombardier Service Bulletin 700-34-7521, Revision 03,
dated July 27, 2021.
Bombardier Service Bulletin 700-34-7521, Revision 04,
dated December 6, 2021.
Bombardier Service Bulletin 700-34-7523, Revision 01,
dated December 8, 2021.
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.

Other Related Service Information

Earlier revisions of Bombardier Service Bulletins 700-34-7521 and
700-34-7523 included a typographical error on the metric values on the
``External Target Board'' table. This error was corrected in Bombardier
Service Bulletin 700-34-7521, Revision 03, dated July 27, 2021;
Bombardier Service Bulletin 700-34-7521, Revision 04, dated December 6,
2021; and Bombardier Service Bulletin 700-34-7523, Revision 01, dated
December 8, 2021. This error is further described in the Retroactive
Action section in these service bulletins. The FAA has determined that
the earlier revisions are acceptable for compliance with the
requirements of this AD under certain conditions in their entirety if
imperial values were used. However, if the metric values specified in
the earlier revisions were used, the HUD calibration is not considered
completed for the purposes of Supplement 7--Enhanced Flight Vision
System (EFVS) Operations, and Supplement 20--Steep Approaches with
Published Glidepath Angles from 4.5 to 5.5 Degrees, of Chapter 7--
Supplements, of the Bombardier Global 7500 AFM, Publication No. CSP
700-7000-1, until retroactive actions are also done as specified in
paragraph (i) of this AD.

Costs of Compliance

The FAA estimates that this AD affects 40 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

The FAA estimates that replacement brackets would cost up to $1,200
(per HUD) if required for any on-condition corrective actions in this
AD. The FAA has received no definitive data on which to base the work-
hour estimates for this replacement. The FAA has no way of determining
the number of airplanes that might need this on-condition action.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Paperwork Reduction Act

A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. The time
for public reporting for this collection of information, including
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information, is provided in the Costs of Compliance
section already described. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

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: