DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0342; Project Identifier MCAI-2020-01547-T;
Amendment 39-21530; AD 2021-09-16]
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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 a number of low altitude engine surge incidents
during takeoff. This AD requires revising the existing airplane flight
manual and applicable corresponding operational procedures to provide
the flightcrew with procedures to require the engine bleeds to be
``ON'' during takeoff. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective June 1, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 1, 2021.
The FAA must receive comments on this AD by June 28, 2021.
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
instructions for submitting comments.
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 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 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-2021-0342.
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-
0342; or in person at the Docket Operations office between 9 a.m. and
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, any comments received, and other information. The
street address for the Docket Operations office is listed above.
FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax 516-794-5531; email firstname.lastname@example.org.
Transport Canada Civil Aviation (TCCA) which is the aviation
authority for Canada, has issued TCCA AD CF-2020-47, dated November 18,
2020 (TCCA AD CF-2020-47) (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 on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2021-0342.
This AD was prompted by a report of a number of low altitude engine
surge incidents during takeoff. Under certain environmental conditions
(e.g., temperature/thermal inversion), the existing engine control
features can lead to engine surge. The FAA is issuing this AD to
address engine surges during takeoff, which can result in significant
loss of engine thrust or even engine shutdown and can occur on both
engines at the same time. See the MCAI for additional background
Related Service Information Under 1 CFR Part 51
Bombardier has issued Section 02-04, ``Systems Limitations,'' of
Chapter 02, ``LIMITATIONS''; and Section 04-03 of Chapter 04, ``NORMAL
PROCEDURES''; of Challenger 300 Airplane Flight Manual (Imperial
Version), Publication No. CSP 100-1, Revision 63, dated April 1, 2021.
Section 02-04, ``Systems Limitations,'' of Chapter 02, ``LIMITATIONS''
provides a procedure for ``Air Conditioning and Pressurization''; and
Section 04-03 of Chapter 04, ``NORMAL PROCEDURES'' provides a procedure
for ``Taxi and Before Takeoff.'' The procedures require the left and
right engine bleeds to be ``ON'' during takeoff. (For obtaining the
procedures for Bombardier Challenger 300 Airplane Flight Manual
(Imperial Version), Publication No. CSP 100-1, use Document
Identification No. CH 300 AFM-I.) 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.
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 issuing this AD
because the FAA evaluated all pertinent information and determined the
unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Requirements of This AD
This AD requires revising the existing airplane flight manual and
applicable corresponding operational procedures to provide the
flightcrew with procedures that require the engine bleeds to be ``ON''
Explanation of Incorporating Information Specified in an AFM Revision
This AD requires including the information that is provided in the
referenced AFM revision 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 a later revision
of the Challenger 300 Airplane Flight Manual, Publication No. CSP 100-1
that is the same as the language in Challenger 300 Airplane Flight
Manual, Publication No. CSP 100-1, Revision 63, dated April 1, 2021,
may be incorporated.
FAA's Justification and Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because engine surges during takeoff can result in significant loss of
engine thrust or even engine shutdown and can occur on both engines at
the same time. In addition, the compliance time for the required action
is shorter than the time necessary for the public to comment and for
publication of the final rule. Therefore, the FAA finds good cause that
notice and opportunity for prior public comment are impracticable. In
addition, for the reasons stated above, the FAA finds that good cause
exists for making this amendment effective in less than 30 days.
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0342; Project Identifier MCAI-
2020-01547-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be
sent to Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531; email 9-avs-
email@example.com. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
The FAA considers this AD interim action. The engine manufacturer
is in the process of developing new engine control software to address
the problem of low altitude engine surges occurring under certain
environmental conditions. Once this software is developed, approved,
and available, the FAA might consider additional rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 356 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 rulemaking action.
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, and
(2) Will not affect intrastate aviation in Alaska.
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