DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0256; Product Identifier 2019-NM-027-AD]
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: We propose to adopt a new airworthiness directive (AD)
for all
Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes; Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes; Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model
CL-600-2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by
a report that during Automatic Flight Control System (AFCS) ALTS CAP or
(V) ALTS CAP mode the flight guidance/autopilot does not account for
engine failure while capturing an altitude. This proposed AD would
require revising the airplane flight manual (AFM) to include a
limitation and abnormal operating procedure for the AFCS. We are
proposing this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 28,
2019.
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 http://www.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.
For service information identified in this NPRM, contact
Bombardier, Inc., 400 Cote-Vertu Road West, Dorval, Quebec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999;
fax 514-855-7401; email ac.yul@aero.bombardier.com; internet http://www.
bombardier.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2019-0256;
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 regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Services Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7367; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2019-0256;
Product Identifier 2019-NM-027-AD" at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2018-32, dated December
10, 2018 (referred to after this as the Mandatory Continuing
Airworthiness Information, or "the MCAI"), to correct an unsafe
condition for all Bombardier, Inc., Model CL-600-2B19 (Regional Jet
Series 100 & 440) airplanes; Model CL-600-2C10 (Regional Jet Series 700,
701 & 702) airplanes; Model CL-600-2D15 (Regional Jet Series 705) air-
planes; Model CL-600-2D24 (Regional Jet Series 900) airplanes; and Model
CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states:
It was determined that during ALTS CAP or (V) ALTS CAP mode, 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 ALTS CAP or (V) ALTS CAP mode, the airspeed may
drop significantly below the safe operating speed. Prompt crew
intervention may be required to maintain a safe operating speed.
This [Canadian] AD mandates the introduction of a Limitation and
Abnormal procedure to the [airplane flight manual] AFM to address
the above mentioned unsafe condition.
You may examine the MCAI in the AD docket on the internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2019-0256.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following service information, which
describes procedures for revising the AFM by including a warning for
the AFCS and procedures if an engine failure occurs during or before a
climb while in ALTS CAP mode or if an engine failure occurs during or
before a climb while in (V) ALTS CAP mode. These documents are distinct
since they apply to different airplane models.
Subject 2--AFCS, of Section 02-08, "System Limitations,"
of Chapter 2, "LIMITATIONS," and Subject C, "Engine Failure in Climb
During ALTS CAP," of Section 05-02, "In-flight Engine Failures," of
Chapter 5, "ABNORMAL PROCEDURES," of the Bombardier CRJ Regional Jet
AFM, CSP A-012, Revision 70, dated July 13, 2018.
Subject 2--AFCS, of Section 02-08, "System Limitations,"
of Chapter 2, "LIMITATIONS," and Subject C, "Engine Failure in Climb
During ALTS CAP" and "Engine Failure in Climb During (V) ALTS CAP,"
of Section 05-02, "In-flight Engine Failures," of Chapter 5,
"ABNORMAL PROCEDURES," of the Bombardier CRJ Regional Jet AFM CSP B-
012, Revision 24, dated May 11, 2018.
Subject 2--AFCS, of Section 02-08, "System Limitations,"
of Chapter 2, "LIMITATIONS," and Subject C, "Engine Failure in Climb
During ALTS CAP" and "Engine Failure in Climb During (V) ALTS CAP,"
of Section 05-02, "In-flight Engine Failures," of Chapter 5,
"ABNORMAL PROCEDURES," of the Bombardier CRJ Regional Jet AFM CSP C-
012, Revision 19A, dated August 17, 2018.
Subject 2--AFCS, of Section 02-08, "System Limitations,"
of Chapter 2, "LIMITATIONS," and Subject C, "Engine Failure in Climb
During ALTS CAP" and "Engine Failure in Climb During (V) ALTS CAP,"
of Section 05-02, "In-flight Engine Failures," of Chapter 5,
"ABNORMAL PROCEDURES," of the Bombardier CRJ Regional Jet AFM CSP D-
012, Revision 20, dated September 28, 2018.
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 our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the AFM by including a
warning for the AFCS and procedures if an engine failure occurs during
or before a climb while in ALTS CAP mode and if an engine failure
occurs during or before a climb while in (V) ALTS CAP mode.
Costs of Compliance
We estimate that this proposed AD affects 985 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
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
|
$83,725
|
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.
We are 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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
We 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. Is not a "significant rule" under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. 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 adding the following new airworthiness
directive (AD):
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