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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1500; Project Identifier MCAI-2023-00642-T;
Amendment 39-22511; AD 2023-14-11]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by reports of unexpected pitch upset upon autopilot
disconnect. This AD requires revising the Non-Normal Procedures section
of the existing airplane flight manual (AFM) associated with Auto
Flight. The FAA is issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective August 10, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of August 10,
2023.
The FAA must receive comments on this AD by September 11, 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-2023-1500; 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
street address for Docket Operations is listed above.
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 referenced service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, 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-2023-1500.
FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email: deep.gaurav@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this final rule. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2023-1500; Project
Identifier MCAI-2023-00642-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 this final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Deep
Gaurav, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email: deep.gaurav@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-2023-26, dated May 3, 2023 (Transport
Canada AD CF-2023-26) (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 several in-service events, the
crew experienced an unexpected pitch upset upon autopilot disconnect.
Investigations of these events identified that the airplane gained
altitude via manual command of the elevator control surface without the
use of the horizontal stabilizer pitch trim, even though the manual
pitch trim was fully functional. The autopilot was then engaged while
the airplane was in an out-of-trim condition. Subsequent disengagement
of the autopilot when the horizontal stabilizer is not correctly
trimmed can lead to high control column forces and difficulties in
controlling the airplane.
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-2023-1500.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following AFM procedures, which include a
Caution to the Auto Flight Non-Normal Procedures, to instruct crews to
minimize changes to airspeed and configuration when using the autopilot
disconnect switch in an out-of-trim situation.
Section 05-14, Auto Flight, of Chapter 05, Non-Normal
Procedures, of the Bombardier Challenger 300 (Imperial Version)
Airplane Flight Manual, Publication No. CSP 100-1, Revision 68, dated
June 14, 2022. (For obtaining the procedures for Bombardier Challenger
300 (Imperial Version) Airplane Flight Manual, Publication No. CSP 100-
1, use Document Identification No. CH 300 AFM-I.)
Section 05-14, Auto Flight, of Chapter 05, Non-Normal
Procedures, of the 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.)
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 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 referenced above. The FAA is issuing this AD after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.
AD Requirements
This AD requires accomplishing the actions specified in the service
information described previously.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because several events have occurred where the crew experienced an
unexpected pitch upset upon autopilot disconnect. Such a result is
hazardous as it could lead to high control column forces and
difficulties in controlling the airplane. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 338 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Labor cost
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Parts cost
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Cost per
product
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Cost on
U.S. operators
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| 1 work-hour x $85 per hour =
$85 |
$0
|
$85
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$28,730
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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, and
(2) Will not affect intrastate aviation in Alaska.
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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