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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-1081; Product Identifier 2019-NM-153-AD; Amendment
39-19918; AD 2020-11-14]
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 reports of the loss of all air data system information
provided to the flightcrew, which was caused by icing at high
altitudes. This AD requires revising the existing airplane flight
manual (AFM) to provide the flightcrew with procedures to stabilize the
airplane's airspeed and attitude. The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective July 21, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 21,
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 telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email
ac.yul@aero.bombardier.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-2019-1081.
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-
1081; 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 Admin Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7323; 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-2019-24, dated July 5,
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. 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-2019-1081.
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 27, 2020 (85 FR 4614). The NPRM was prompted by
reports of the loss of all air data system information provided to the
flightcrew, which was caused by icing at high altitudes. The NPRM
proposed to require revising the existing airplane flight manual (AFM)
to provide the flightcrew with procedures to stabilize the airplane's
airspeed and attitude. The FAA is issuing this AD to address the loss
of all air data system information provided to the flightcrew. If not
addressed, this condition may adversely affect continued safe flight
and landing. See the MCAI for additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. Two commenters indicated support for the
NPRM. The following presents the comments received on the NPRM and the
FAA's response to each comment.
Request To Allow Operators To Use Current AFM Revision
NetJets Inc. requested it be allowed to use Bombardier Challenger
350 Airplane Flight Manual (AFM), Publication No. CH 350 AFM, Revision
24, dated January 15, 2020, for accomplishing the proposed actions. The
proposed AD referred to Revision 22, dated July 8, 2019.
The FAA acknowledges the commenter's request and provides the
following clarification: This AD requires including the information
that is provided in the referenced AFM revisions in paragraph (g) of
this AD. 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. The
language in the latest AFM revisions is the same. We have not changed
this AD in this regard.
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
provides a procedure for ``Unreliable Airspeed'' in the Emergency
Procedures section, and also provides a procedure for ``Go-Around'' in
the Normal Procedures section of the applicable AFM. These documents
are distinct since they apply to different airplane models.
Bombardier Challenger 300 AFM, Publication No. CSP 100-1,
Revision 56, dated July 8, 2019.
Bombardier Challenger 350 AFM, Publication No. CH 350 AFM,
Revision 22, dated July 8, 2019.
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 560 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
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| 1 work-hour x $85 per hour =
$85 |
$0
|
$85
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$47,600
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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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