DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0010; Project Identifier MCAI-2022-01090-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 CL-600-2B16 (604 Variant)
airplanes. This proposed AD was prompted by a determination that during
certain modes, the flight guidance/autopilot does not account for
engine failure while capturing an altitude. This proposed AD would
require revising the existing airplane flight manual (AFM) to add new
limitation and procedures. 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 March 20,
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-2023-0010; 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 Bombardier 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: 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-2023-0010; Project Identifier
MCAI-2022-01090-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
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, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-45, dated August 11, 2022 (Transport
Canada AD CF-2022-45) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Model CL-600-2B16 (604 Variant)
airplanes. The MCAI states that during (V) ALTS CAP or (V) ALTV CAP
modes, the flight guidance/autopilot does not account for engine
failure while capturing an altitude. If an engine failure occurs during
or before a climb while in one of these modes, the airspeed may
decrease rapidly below the safe operating speed, and prompt crew
intervention may be required to maintain a safe operating speed.
Transport Canada AD CF-2022-45 requires updating the Limitation and
Abnormal Procedures of the AFM for (V) ALTS CAP or (V) ALTV CAP modes
to address the unsafe condition for the affected Model CL-600-2B16 (604
Variant) airplanes. These updates include:
A warning regarding the potential airspeed decay in the
case of an engine failure during a climb while in (V) ALTS CAP or (V)
ALTV CAP modes.
A new procedure to adjust the pitch attitude to maintain
the required operating airspeed in the case of an engine failure during
a climb while in (V) ALTS CAP or (V) ALTV CAP modes.
The unsafe condition, if not addressed, could result in the
airplane failing to maintain a safe operating speed.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0010.

Related Service Information Under 1 CFR Part 51

The FAA reviewed the following service information, which specifies
revised Limitations and Abnormal Procedures of the AFM for (V) ALTS CAP
or (V) ALTV CAP modes. These documents are distinct since they apply to
different airplane models and configurations.
Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--
LIMITATIONS of Bombardier Challenger 604 Airplane Flight Manual--
Publication No. PSP 604-1, Revision 120, dated December 8, 2020. (For
obtaining this section of the Bombardier Challenger 604 Airplane Flight
Manual--Publication No. PSP 604-1, use Document Identification No. CH
604 AFM.)
Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter
5--ABNORMAL PROCEDURES; of Bombardier Challenger 604 Airplane Flight
Manual--Publication No. PSP 604-1, Revision 120, dated December 8,
2020. (For obtaining this section of the Bombardier Challenger 604
Airplane Flight Manual--Publication No. PSP 604-1, use Document
Identification No. CH 604 AFM.)
Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of
Bombardier Challenger 605 Airplane Flight Manual--Publication No. PSP
605-1, Revision 58, dated December 8, 2020. (For obtaining this section
of the Bombardier Challenger 605 Airplane Flight Manual--Publication
No. PSP 605-1, use Document Identification No. CH 605 AFM.)
Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter
5--ABNORMAL PROCEDURES of Bombardier Challenger 605 Airplane Flight
Manual--Publication No. PSP 605-1, Revision 58, dated December 8, 2020.
(For obtaining this section of the Bombardier Challenger 605 Airplane
Flight Manual--Publication No. PSP 605-1, use Document Identification
No. CH 605 AFM.)
Sub-section 2. ``Automatic Flight Control System,'' of
section 02-08, Systems Limitations, of Chapter 2--LIMITATIONS of
Bombardier Challenger 650 Airplane Flight Manual--Publication No. PSP
650-1, Revision 23, dated December 8, 2020. (For obtaining this section
of the Bombardier Challenger 650 Airplane Flight Manual--Publication
No. PSP 650-1, use Document Identification No. CH 650 AFM.)
Sub-sub-section B., ``Engine Failure in Climb During (V)
ALTS CAP or (V) ALTV CAP,'' of sub-section 1. ``Single Engine
Procedures'' of section 05-03, ``Single Engine Procedures,'' of Chapter
5--ABNORMAL PROCEDURES; of Bombardier Challenger 650 Airplane Flight
Manual--Publication No. PSP 650-1, Revision 23, dated December 8, 2020.
(For obtaining this section of the 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.

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 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.
Transport Canada AD CF-2022-45 requires operators to ``advise all
flight crews'' of revisions to the AFM, and thereafter to ``operate the
affected aircraft 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 proposal, would
affect 409 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 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: