DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-1076; Product Identifier 2019-NM-173-AD; Amendment
39-19914; AD 2020-11-10]
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
ACTION: Final rule.
SUMMARY: The FAA is adopting a new airworthiness directive (AD)
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was
prompted by a report of an in-flight event where a flightcrew observed
a SPOILER FAIL message and had difficulty maintaining roll control of
the airplane. This AD requires revising the existing airplane flight
manual (AFM) to provide the flightcrew with procedures related to roll
spoiler failures that reduce the flightcrew workload during this type
of failure scenario. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective July 14, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 14,
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 telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
email@example.com; internet https://www.bombardier.com. You
may view this service information at the FAA, Airworthiness Products
Section, Operational Safety 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-
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-
1076; 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, 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: Darren Gassetto, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7323; fax 516-794-5531; email firstname.lastname@example.org.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-29, dated August
12, 2019 (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-2019-1076.
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 January 22, 2020 (85 FR 3553). The NPRM was prompted by a
report of an in-flight event where a flightcrew observed a SPOILER FAIL
message and had difficulty maintaining roll control of the airplane.
The NPRM proposed to require revising the existing AFM to provide the
flightcrew with procedures related to roll spoiler failures that reduce
the flightcrew workload during this type of failure scenario. The FAA
is issuing this AD to address uncommanded deployment of the multi-
function spoiler at certain positions, which in combination with
specific flap positions and airspeeds, could create an unacceptably
high flightcrew workload in maintaining roll control of the airplane
and could possibly lead to loss of controllability of the airplane. See
the MCAI for additional background information.
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 To Use the Latest Service Information
Net Jets requested that the FAA use the latest service information.
Net Jets stated that Bombardier has released Challenger 350 Airplane
Flight Manual, Publication No. CH 350 AFM, Revision 24, dated January
The FAA agrees to clarify. Paragraph (g) of this AD specifies to
revise the Non-Normal Procedures section of the existing AFM to
incorporate the information in Section 05-23, ``Flight Controls,'' of
Bombardier Challenger 350, Airplane Flight Manual, Publication No. CH
350 AFM, Revision 22, dated July 8, 2019 (for the applicable
airplanes). The language in paragraph (g) of this AD is designed to
allow incorporating the specific information in Section 05-23,
regardless of the revision level of the AFM, so long as the language is
identical to the information in Section 05-23, ``Flight Controls,''
Revision 22. The FAA has not changed this AD in this regard.
The FAA reviewed the relevant data, considered the comment
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 Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 56, dated July 8, 2019; and
Challenger 350 Airplane Flight Manual, Publication No. CH 350 AFM,
Revision 22, dated July 8, 2019. This service information describes
non-normal procedures for flight controls. These documents are distinct
since they apply to different airplane serial numbers. 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 577 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|1 work-hour x $85 per hour =
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
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
(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
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