DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0098; Project Identifier MCAI-2020-01121-T;
Amendment 39-21564; AD 2021-11-02]
RIN 2120-AA64
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-22-
07, which applied 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 required revising the existing airplane flight manual
(AFM) to include a limitation and an abnormal operating procedure for
the Automatic Flight Control System (AFCS). This AD requires revising
the existing AFM and adding airplanes to the applicability. This AD was
prompted by a finding that the limitation and abnormal operating
procedure did not include reference to a certain mode. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective July 13, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 13,
2021.
ADDRESSES: For Bombardier service information identified in this
final
rule, 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 referenced 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-2021-0098.
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 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: 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:
Background
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2018-32R1, dated August 21,
2020 (also referred to 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2019-22-07, Amendment 39-19786 (85 FR 439,
January 6, 2020) (AD 2019-22-07). AD 2019-22-07 applied 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. The NPRM published
in the Federal
Register on February 24, 2021 (86 FR 11165). The NPRM was prompted by
a
finding that the limitation and abnormal operating procedure did not include
reference to (V) ALTV CAP mode and a finding that the MHI RJ Aviation
ULC
Model CL-600-2C11 (Regional Jet Series 550) airplanes are also affected
by
the same unsafe condition (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 NPRM proposed to require revising
the existing AFM and adding airplanes to the applicability. The FAA is
issuing 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,
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 FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA) stated
that it supports the NPRM.
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 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, (V) ALTS CAP mode, or (V) ALTV CAP mode,
as applicable. These documents are distinct since they apply to
different airplane models.
Section 02-08, ``System Limitations,'' of Chapter 2,
``LIMITATIONS''; and 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.
Section 02-08, ``System Limitations,'' of Chapter 2,
``LIMITATIONS''; and 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.
Section 02-08, ``System Limitations,'' of Chapter 2,
``LIMITATIONS''; and 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.
Section 02-08, ``System Limitations,'' of Chapter 2,
``LIMITATIONS''; and 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.
Costs of Compliance
The FAA estimates that this AD affects 992 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
New actions |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$84,320
|
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 determined that 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:
a. Removing Airworthiness Directive (AD) 2019-22-07, Amendment 39-19786
(85 FR 439, January 6, 2020); and
b. Adding the following new AD:
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