Airworthiness Directives; Bombardier, Inc., Airplanes

Published date06 November 2019
Citation84 FR 59739
Record Number2019-24192
SectionProposed rules
CourtFederal Aviation Administration
Federal Register, Volume 84 Issue 215 (Wednesday, November 6, 2019)
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
                [Proposed Rules]
                [Pages 59739-59741]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-24192]
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                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                14 CFR Part 39
                [Docket No. FAA-2019-0728; Product Identifier 2019-NM-071-AD]
                RIN 2120-AA64
                Airworthiness Directives; Bombardier, Inc., Airplanes
                AGENCY: Federal Aviation Administration (FAA), DOT.
                ACTION: Notice of proposed rulemaking (NPRM).
                -----------------------------------------------------------------------
                SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
                for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This
                proposed AD was prompted by a report that during ALTS CAP or (V) ALTS
                CAP mode, the flight guidance/autopilot does not account for engine
                failure while capturing an altitude. This proposed AD would require
                revising the existing airplane flight manual (AFM) to provide the
                flightcrew with new warnings for ``Autoflight'' and ``Engine Failure in
                Climb During ALTS CAP.'' 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 December
                23, 2019.
                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 service information identified in this NPRM, contact
                Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
                H4S 2A3, Canada; North America toll-free phone: 1-866-538-1247 or
                direct-dial phone: 1-514-855-2999; email: [email protected];
                internet: https://www.bombardier.com. You may view this service
                information at the FAA, Transport Standards 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-2019-
                0728; 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, the regulatory evaluation, any comments received, and other
                information. The street address for Docket Operations is listed above.
                Comments will be available in the AD docket shortly after receipt.
                FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
                Engineer, Avionics and Electrical Systems Services Section, FAA, New
                York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
                phone: 516-228-7367; fax: 516-794-5531; email: [email protected].
                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 the ADDRESSES section. Include ``Docket No. FAA-2019-0728;
                Product Identifier 2019-NM-071-AD'' at the beginning of your comments.
                The FAA specifically invites comments on the overall regulatory,
                economic, environmental, and energy aspects of this NPRM. The FAA will
                consider all comments received by the closing date and may amend this
                NPRM because of those comments.
                 The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide.
                The
                [[Page 59740]]
                FAA will also post a report summarizing each substantive verbal contact
                received about this NPRM.
                Discussion
                 Transport Canada Civil Aviation (TCCA), which is the aviation
                authority for Canada, has issued Canadian AD CF-2019-12, dated April 3,
                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.
                 This proposed AD was prompted by a report that during ALTS CAP or
                (V) ALTS CAP mode, the flight guidance/autopilot does not account for
                engine failure while capturing an altitude. The FAA is proposing this
                AD to address the occurrence of an engine failure during or before a
                climb while in ALTS CAP or (V) ALTS CAP mode, as it could cause the
                airspeed to drop significantly below the safe operating speed and may
                require prompt flightcrew intervention to maintain a safe operating
                speed. See the MCAI for more information.
                Related Service Information Under 1 CFR Part 51
                 Bombardier has issued the following service information, which
                provides new warnings for ``Autoflight'' and ``Engine Failure in Climb
                During ALTS CAP,'' in the LIMITATIONS--System Limitations and the
                EMERGENCY PROCEDURES--Powerplant sections of the applicable AFM.
                 Bombardier Challenger 300, Airplane Flight Manual,
                Publication No. CSP 100-1, Revision 55, dated April 8, 2019.
                 Bombardier Challenger 350, Airplane Flight Manual,
                Publication No. CH 350 AFM, Revision 21, dated April 8, 2019.
                 These documents are distinct since they apply to different airplane
                models in different configurations. 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 a 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 agency 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 require revising the existing AFM with new
                warnings for ``Autoflight'' and ``Engine Failure in Climb During ALTS
                CAP,'' in the LIMITATIONS--System Limitations and the EMERGENCY
                PROCEDURES--Powerplant sections, as described previously.
                Costs of Compliance
                 The FAA estimates that this proposed AD affects 252 airplanes of
                U.S. registry. The FAA estimates the following costs to comply with
                this proposed AD:
                 Estimated Costs for Required Actions
                ----------------------------------------------------------------------------------------------------------------
                 Cost per Cost on U.S.
                 Labor cost Parts cost product operators
                ----------------------------------------------------------------------------------------------------------------
                1 work-hour x $85 per hour = $85............................. $0 $85 $21,420
                ----------------------------------------------------------------------------------------------------------------
                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.
                 This proposed AD is issued in accordance with authority delegated
                by the Executive Director, Aircraft Certification Service, as
                authorized by FAA Order 8000.51C. In accordance with that order,
                issuance of ADs is normally a function of the Compliance and
                Airworthiness Division, but during this transition period, the
                Executive Director has delegated the authority to issue ADs applicable
                to transport category airplanes and associated appliances to the
                Director of the System Oversight Division.
                Regulatory Findings
                 The FAA 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) 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.
                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
                0
                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]
                0
                2. The FAA amends Sec. 39.13 by adding the following new airworthiness
                directive (AD):
                Bombardier, Inc.: Docket No. FAA-2019-0728; Product Identifier 2019-
                NM-071-AD.
                [[Page 59741]]
                (a) Comments Due Date
                 The FAA must receive comments by December 23, 2019.
                (b) Affected ADs
                 None.
                (c) Applicability
                 This AD applies to Bombardier, Inc., Model BD-100-1A10
                airplanes, certificated in any category, serial numbers 20003
                through 20500 inclusive and 20501 through 20752 inclusive.
                (d) Subject
                 Air Transport Association (ATA) of America Code 22, Auto flight.
                (e) Reason
                 This AD was prompted by a report that during ALTS CAP or (V)
                ALTS CAP mode, the flight guidance/autopilot does not account for
                engine failure while capturing an altitude. The FAA is issuing this
                AD to address the occurrence of an engine failure during or before a
                climb while in ALTS CAP or (V) ALTS CAP mode, as it could cause the
                airspeed to drop significantly below the safe operating speed and
                may require prompt flightcrew intervention to maintain a safe
                operating speed.
                (f) Compliance
                 Comply with this AD within the compliance times specified,
                unless already done.
                (g) Revision of the Airplane Flight Manual (AFM)
                 Within 30 days after the effective date of this AD: Revise the
                LIMITATIONS--System Limitations and the EMERGENCY PROCEDURES--
                Powerplant sections of the existing AFM to include the information
                in ``Autoflight'' and ``Engine Failure in Climb During ALTS CAP'' of
                Bombardier Challenger 300, Airplane Flight Manual, Publication No.
                CSP 100-1, Revision 55, dated April 8, 2019 (for airplanes having
                serial numbers 20003 through 20500 inclusive); or Bombardier
                Challenger 350, Airplane Flight Manual, Publication No. CH 350 AFM,
                Revision 21, dated April 8, 2019 (for airplanes having serial
                numbers 20501 through 20752 inclusive).
                (h) Other FAA AD Provisions
                 The following provisions also apply to this AD:
                 (1) Alternative Methods of Compliance (AMOCs): The Manager, New
                York ACO Branch, FAA, has the authority to approve AMOCs for this
                AD, if requested using the procedures found in 14 CFR 39.19. In
                accordance with 14 CFR 39.19, send your request to your principal
                inspector or local Flight Standards District Office, as appropriate.
                If sending information directly to the manager of the certification
                office, send it to ATTN: Program Manager, Continuing Operational
                Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
                Westbury, NY 11590; phone: 516-228-7300; fax: 516-794-5531. Before
                using any approved AMOC, notify your appropriate principal
                inspector, or lacking a principal inspector, the manager of the
                local flight standards district office/certificate holding district
                office.
                 (2) Contacting the Manufacturer: For any requirement in this AD
                to obtain corrective actions from a manufacturer, the action must be
                accomplished using a method approved by the Manager, New York ACO
                Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
                Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
                approved by the DAO, the approval must include the DAO-authorized
                signature.
                (i) Related Information
                 (1) Refer to Mandatory Continuing Airworthiness Information
                (MCAI) Canadian AD CF-2019-12, dated April 3, 2019, for related
                information. This MCAI may be found in the AD docket on the internet
                at https://www.regulations.gov by searching for and locating Docket
                No. FAA-2019-0728.
                 (2) For more information about this AD, contact Steven
                Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
                Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
                Suite 410, Westbury, NY 11590; phone: 516-228-7367; fax: 516-794-
                5531; email: [email protected].
                 (3) For service information identified in this AD, contact
                Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval,
                Qu[eacute]bec H4S 2A3, Canada; North America toll-free phone: 1-866-
                538-1247 or direct-dial phone: 1-514-855-2999; email:
                [email protected]; internet: https://www.bombardier.com.
                You may view this service information at the FAA, Transport
                Standards Branch, 2200 South 216th St., Des Moines, WA. For
                information on the availability of this material at the FAA, call
                206-231-3195.
                 Issued in Des Moines, Washington, on October 28, 2019.
                Dionne Palermo,
                Acting Director, System Oversight Division, Aircraft Certification
                Service.
                [FR Doc. 2019-24192 Filed 11-5-19; 8:45 am]
                BILLING CODE 4910-13-P
                

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