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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; Amendment
39-19892; AD 2020-07-13]
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
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This 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 AD requires 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 issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective May 18, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 18, 2020.
ADDRESSES: For service information identified in this final rule,
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: 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. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0728.
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 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;
phone: 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-2019-12, dated April 3,
2019 (``Canadian AD CF-2019-12'') (also referred to as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc., Model BD-100-1A10
airplanes. You may examine the MCAI in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0728.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on November 6, 2019 (84 FR 59739). The NPRM 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 NPRM proposed to require revising the existing AFM to
provide the flightcrew with new warnings for ``Autoflight'' and
``Engine Failure in Climb During ALTS CAP.'' The FAA is issuing 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
flightcrew intervention to maintain a safe operating speed. 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 comment received
on the NPRM and the FAA's response to that comment.
Request for Clarification of Intent of the Required Actions
NetJets asked if the FAA's intent is to require operators to
request approval of an alternative method of compliance (AMOC) each
time the AFM is revised. NetJets then requested that if the intent is
to require approval of an AMOC each time the AFM is revised, to
decrease the number of AMOCs necessary, the FAA specifically refer to
Revision 19 of Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM. NetJets noted that paragraph (g) of the
proposed AD refers to Revision 21 of Bombardier Challenger 350 Airplane
Flight Manual, Publication No. CH 350 AFM, but pointed out that the
ALTS CAP warning was introduced in Revision 19 of Bombardier Challenger
350 Airplane Flight Manual, Publication No. CH 350 AFM. NetJets also
pointed out that the current revision of Bombardier Challenger 350
Airplane Flight Manual, Publication No. CH 350 AFM is Revision 23.
The FAA agrees to clarify the intent of the AD requirement. The FAA
has determined that it is appropriate to match the documents referenced
in the MCAI, and has therefore revised this AD to refer to those
documents: Bombardier Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 53, dated September 5, 2018; and
Bombardier Challenger 350 Airplane Flight Manual, Publication No. CH
350 AFM, Revision 19, dated September 5, 2018. The information
contained in these revisions is the same as that in the later revisions
that were referenced in the NPRM. This AD requires including the
information that is provided in the referenced AFM revisions. However,
the language in paragraph (g) of this AD is designed to allow
incorporating the specific information, regardless of the revision
level of the AFM in use, provided the language is identical to the
referenced AFM revisions specified in paragraph (g) of this AD.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and 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.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
Bombardier has issued the following service information, which
provides new warnings for the ``Autoflight'' procedure in Section 02-
04, ``Systems Limitations,'' of the LIMITATIONS section; and ``Engine
Failure in Climb During ALTS CAP,'' procedure in Section 03-32,
``Powerplant,'' of the EMERGENCY PROCEDURES section; of the applicable
AFM.
Bombardier Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 53, dated September 5, 2018.
Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018.
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.
Costs of Compliance
The FAA estimates that this AD affects 252 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
|
Parts cost
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Cost per
product
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Cost on
U.S. operators
|
| 1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$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.
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):
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