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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0728; Product Identifier 2019-NM-071-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: The FAA proposes to adopt a new airworthiness directive
(AD)
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This
proposed AD was prompted by a report that during 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 existing airplane flight manual (AFM) to provide the
flightcrew with new warnings for "Autoflight" and "Engine Failure in
Climb During ALTS CAP." 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 December
23, 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 https://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., 200 Cote-Vertu Road West, Dorval, Quebec
H4S 2A3, Canada; North America toll-free phone: 1-866-538-1247 or
direct-dial phone: 1-514-855-2999; email: ac.yul@aero.bombardier.com;
internet: https://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 https://www.regulations.
gov by searching for and locating Docket No. FAA-2019-0728;
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 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;
phone: 516-228-7367; fax: 516-794-5531; 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 the ADDRESSES section. Include "Docket No. FAA-2019-0728;
Product Identifier 2019-NM-071-AD" at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments received, without change, to http://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-12, dated April 3,
2019 (referred to after this as the Mandatory Continuing Airworthiness
Information, or "the MCAI"), to correct an unsafe condition for
certain Bombardier, Inc., Model BD-100-1A10 airplanes.
This proposed AD was prompted by a report that during ALTS CAP or
(V) ALTS CAP mode, the flight guidance/autopilot does not account for
engine failure while capturing an altitude. The FAA is proposing this
AD to address the occurrence of an engine failure during or before a
climb while in ALTS CAP or (V) ALTS CAP mode, as it could cause the
airspeed to drop significantly below the safe operating speed and may
require prompt flightcrew intervention to maintain a safe operating
speed. See the MCAI for more information.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following service information, which
provides new warnings for "Autoflight" and "Engine Failure in Climb
During ALTS CAP," in the LIMITATIONS--System Limitations and the
EMERGENCY PROCEDURES--Powerplant sections of the applicable AFM.
Bombardier Challenger 300, Airplane Flight Manual,
Publication No. CSP 100-1, Revision 55, dated April 8, 2019.
Bombardier Challenger 350, Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 21, dated April 8, 2019.
These documents are distinct since they apply to different airplane
models in different configurations. 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 a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because the agency 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 existing AFM with new
warnings for "Autoflight" and "Engine Failure in Climb During ALTS
CAP," in the LIMITATIONS--System Limitations and the EMERGENCY
PROCEDURES--Powerplant sections, as described previously.
Costs of Compliance
The FAA estimates that this proposed AD affects 252 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed 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
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$85
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$21,420
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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.
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
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) 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 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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