DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0098; Project Identifier MCAI-2020-01121-T]
RIN 2120-AA64

Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-22-07, which applies to all MHI RJ Aviation ULC 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.
AD 2019-22-07 requires revising the existing airplane flight manual
(AFM) to include a limitation and an abnormal operating procedure for
the Automatic Flight Control System (AFCS). Since the FAA issued AD
2019-22-07, it was found that the limitation and abnormal operating
procedure did not include reference to a certain mode. This proposed AD
would require revising the existing AFM and adding airplanes to the
applicability. 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 April 12, 2021.

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 MHI RJ Aviation ULC service information identified in this
NPRM, contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel,
Quebec J7N 1E1 Canada; Widebody Customer Response Center North
America toll-free telephone +1-844-272-2720 or direct-dial telephone
+1-514-855-8500; fax +1-514-855-8501; email thd.crj@mhirj.com; internet
https://mhirj.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.

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-2021-
0098; 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, any comments received, and other information. The street
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; 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 ADDRESSES. Include "Docket No. FAA-2021-0098; Project Identifier
MCAI-2020-01121-T" at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.

Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each substantive verbal
contact received about this proposed AD.

Confidential Business Information

CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as "PROPIN." The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; email 9-avs-nyaco-cos@faa.gov.
Any commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

The FAA issued AD 2019-22-07, Amendment 39-19786 (85 FR 439,
January 6, 2020) (AD 2019-22-07), for all MHI RJ Aviation ULC 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. AD 2019-22-07 requires revising the existing AFM to include
a limitation and an abnormal operating procedure for the AFCS. AD 2019-
22-07 resulted from 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 FAA issued AD 2019-22-07 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.

Actions Since AD 2019-22-07 Was Issued

Since the FAA issued AD 2019-22-07, it was found that the
limitation and abnormal operating procedure did not include reference
to (V) ALTV CAP mode. It was also found that the MHI RJ Aviation ULC
Model CL-600-2C11 (Regional Jet Series 550) airplanes are also affected
by the same unsafe condition.

Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2018-32R1, dated August 7,
2020 (also referred to after this as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100
& 440), CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2C11
(Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 705), CL-
600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet
Series 1000) 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-2021-0098.

This proposed AD was prompted by a report that found that the
limitation and abnormal operating procedure did not include reference
to (V) ALTV CAP mode (Model CL-600-2B19 airplanes do not have (V) ALTS
CAP or (V) ALTV CAP mode). The risk of the unsafe condition also exists
during (V) ALTV CAP mode. The FAA is proposing this AD to address an
engine failure, if it occurs during or before a climb while in ALTS
CAP, (V) ALTS CAP, or (V) ALTV CAP mode, as applicable, 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.

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, (V) ALTS CAP mode, or (V) ALTV CAP mode,
as applicable. 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," 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, CSP A-012, Volume 1, Revision 73, dated January 3, 2020.

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.D, "Engine Failure in Climb During (V) ALTS CAP or (V) ALTV
CAP," of Section 05-02, "IN-FLIGHT ENGINE FAILURES," of Chapter 5,
"ABNORMAL PROCEDURES"; of the Bombardier CRJ Series Regional Jet
Model CL-600-2C10 (Series 700, 701, 702) and CL-600-2C11 (Series 550)
AFM CSP B-012, Revision 31, dated May 8, 2020.

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.D, "Engine Failure in Climb During (V) ALTS CAP or (V) ALTV
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 (Series 900) and CL-600-2D15 (Series 705) AFM, CSP C-
012, Volume 1, Revision 24, dated March 27, 2020.

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.D, "Engine Failure in Climb During (V) ALTS CAP or (V) ALTV
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 (Series 1000) AFM CSP D-012, Revision 23, dated
February 14, 2020.

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 the FAA's 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 FAA 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 retain none of the requirements of AD 2019-
22-07. This proposed AD would require revising the existing AFM to
include reference to (V) ALTV CAP mode, as applicable, in the
limitation and an abnormal operating procedure for the AFCS.

Costs of Compliance

The FAA estimates that this proposed AD affects 992 airplanes of
U.S. registry.

The FAA estimates the following costs to comply with this proposed 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.

Regulatory Findings

The FAA has 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) Would not affect intrastate aviation in Alaska, and

(3) Would 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:

a. Removing Airworthiness Directive (AD) 2019-22-07, Amendment 39-19786
(85 FR 439, January 6, 2020), and

b. Adding the following new AD: