DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0256; Product Identifier 2019-NM-027-AD; Amendment
39-19786; AD 2019-22-07]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting 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 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 AD requires revising the
existing airplane flight manual (AFM) to include a limitation and an
abnormal operating procedure for the AFCS. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective February 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 10,
2020.

ADDRESSES: For service information identified in this final rule,
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 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. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0256.

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-
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 final rule, the regulatory evaluation, 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.

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:

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)
airplanes, Model CL-600-2D24 (Regional Jet
Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000)
airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to the airplanes
identified in the MCAI. The NPRM published in the Federal Register on
May 14, 2019 (84 FR 21276). The NPRM was prompted by a report that
during AFCS ALTS CAP or (V) ALTS CAP mode the flight guidance/autopilot
does not account for engine failure while capturing an altitude. The
NPRM proposed to require revising the existing AFM to include a
limitation and abnormal operating procedure for the AFCS.
The FAA is issuing this AD to address an engine failure, if it
occurs during or before a climb while in ALTS CAP or (V) ALTS CAP mode,
which may cause the airspeed to drop significantly below the safe
operating speed, possibly resulting in reduced control of the airplane.
See the MCAI for additional background information.

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

The Air Line Pilots Association, International (ALPA) indicated its
support for the NPRM. Endeavor Air stated that it has no objection to
adding a requirement to revise the existing AFM to include the
information in Subject 2, ``Automatic Flight Control System (AFCS),''
of Section 02-08, ``System Limitations,'' of Chapter 2,
``LIMITATIONS,'' of the applicable Bombardier AFM.

Request To Remove a Proposed Requirement

Endeavor Air stated that it disagreed with the proposed requirement
to revise the existing AFM to include the information in Subject C,
``Engine Failure in Climb During ALTS CAP,'' or ``Engine Failure in
Climb During (V) ALTS CAP,'' of Section 05-02, ``In-flight Engine
Failures,'' of Chapter 5, ``ABNORMAL PROCEDURES,'' as applicable, of
the applicable Bombardier AFM. The commenter stated that the increased
pilot workload of having to accomplish two independent quick reference
handbook procedures following an engine failure would reduce the safety
margins. The commenter explained that when an engine failure occurs
during (V) ALTS CAP mode, the resulting speed decay is minimal given a
worst-case scenario of climbing at a slow airspeed with a high rate of
climb, which could result in the greatest amount of time in (V) ALTS
CAP mode. The commenter further explained that by the time the pilot
flying the airplane called for the procedure and disconnected the
autopilot, the (V) ALTS CAP phase would be over and the airplane would
be in level flight. The commenter mentioned that the decrease in
automation and increase in pilot workload could reduce the pilot's
situational awareness of the engine failure malfunction and the state
of the airplane.
The FAA infers that the commenter is requesting that the
requirement to revise the existing AFM to include the information
specified in Subject C, ``Engine Failure in Climb During ALTS CAP,'' or
``Engine Failure in Climb During (V) ALTS CAP,'' of Section 05-02,
``In-flight Engine Failures,'' of Chapter 5, ``ABNORMAL PROCEDURES,''
of the applicable Bombardier AFM be removed from this AD. The FAA
disagrees with the commenter's request. In ALTS CAP mode the speed
control is on thrust; therefore, the loss of a single engine would
result in airspeed decay if the flight director guidance was followed
by the autopilot or flight director commands.
Furthermore, for the 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, a simulation
showed that at certain weights, VMCA (the minimum control
speed in the air) could be reached before the stall warning occurred,
with the potential for loss of control of the airplane if the flight
director commands were followed without any pilot action to otherwise
control speed with pitch attitude. In some worst-case conditions, to
ensure a safe speed, the automation (autopilot) must be disconnected.
In addition, the purpose of the AFM abnormal procedure is to ensure
flightcrew awareness of the requirement to disconnect the autopilot and
control the airspeed with pitch attitude. In regard to increased pilot
workload, the FAA considered that a pilot of at least average skill
would, in most cases, intuitively disconnect the autopilot and control
speed manually in the event of a large deceleration while in ALTS CAP
mode. The intent of the AFM abnormal procedure is to provide
instructions for the steps required to maintain speed control, as
opposed to a checklist in a quick reference handbook to address such a
situation if encountered. Furthermore, in some conditions, the duration
of ALTS CAP mode may be short enough that the airspeed decay may not be
large, but the AFM must address the worst-case conditions. The FAA has
not revised this AD in regard to this issue.

Conclusion

The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service information, which
describes procedures for revising the existing AFM by including a
limitation that specifies a warning for the AFCS and an abnormal
operating procedure 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, ``Automatic Flight Control System (AFCS),'' of
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;''
and Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' and
Subject 1.C, ``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 Series Regional Jet Model CL-600-
2B19 AFM, Volume 1, CSP A-012, Revision 70, dated July 13, 2018.
Subject 2,'' Automatic Flight Control System (AFCS),'' of
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;''
and Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' and
Subject 1.C, ``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 Series Regional Jet CL-600-2C10,
AFM CSP B-012, Revision 24, dated May 11, 2018.
Subject 2, ``Automatic Flight Control System (AFCS),'' of
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;'' and Subject
1.C, ``Engine Failure in Climb During ALTS CAP,'' and Subject 1.C,
``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 Series Regional Jet Model CL-600-2D24 and CL-600-
2D15 AFM, Volume 1, CSP C-012, Revision 19A, dated August 17, 2018.
Subject 2, ``Automatic Flight Control System (AFCS),'' of
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;''
and Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' and
Subject 1.C, ``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 Series Regional Jet Model CL-600-
2E25 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.

Costs of Compliance

The FAA estimates that this AD affects 985 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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.
This 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

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.

Adoption of 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 (AD):