[Federal Register Volume 82, Number 219 (Wednesday, November 15, 2017)]
[Rules and Regulations]
[Pages 52844-52846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23996]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0528; Product Identifier 2017-NM-028-AD; Amendment 
39-19091; AD 2017-22-11]
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: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes. This AD 
was prompted by reports of in-service incidents regarding the loss of 
all air data system information provided to the flightcrew. This AD 
requires revising the airplane flight manual (AFM) to provide 
``Unreliable Airspeed'' procedures to the flightcrew to stabilize the 
airplane's airspeed and attitude for continued safe flight and landing. 
We are issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective December 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 20, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-855-
7401; email: [email protected]; Internet: http://www.bombardier.com. You may view this referenced service information at 
the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0528.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0528; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, 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: Assata Dessaline, Aerospace Engineer, 
Avionics and Administrative Services Section, FAA, New York ACO Branch, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-
7301; fax: 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We 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 CL-600-2B16 (CL-604 Variant) airplanes. The NPRM published in the 
Federal Register on June 5, 2017 (82 FR 25746) (``the NPRM''). The NPRM 
was prompted by reports of in-service incidents regarding the loss of 
all air data system information provided to the flightcrew. The NPRM 
proposed to require revising the AFM to provide ``Unreliable Airspeed'' 
procedures to the flightcrew to stabilize the airplane's airspeed and 
attitude for continued safe flight and landing. We are issuing this AD 
to provide the flightcrew with procedures for ``Unreliable Airspeed'' 
that stabilize the airplane's airspeed and attitude for continued safe 
flight and landing.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2017-01, dated January 6, 2017 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc., Model CL-600-2B16 (CL-
604 Variant) airplanes. The MCAI states:

    A number of in-service incidents have been reported on CL-600-
2C10 aeroplanes regarding a loss of all air data information 
provided to the crew. The air data information was recovered as the 
aeroplane descended to lower altitudes. An investigation determined 
that the root cause in both events was high altitude icing (ice 
crystal contamination). If not recognized and addressed, this 
condition may affect continued safe flight and landing.
    Due to similarities in the air data systems, similar events 
could happen on Bombardier Inc. CL-600-2B16 aeroplanes.
    This [Canadian] AD mandates the incorporation of Aircraft Flight 
Manual (AFM) procedures to guide the crew to stabilize the 
aeroplanes airspeed and attitude for continued safe flight and 
landing.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0528.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Clarify Introduction of ``Unreliable Airspeed'' AFM 
Procedures

    The commenter, Marjolaine Bourget, stated that the ``unreliable 
airspeed'' procedures, while provided in the AFM revisions identified 
in the proposed requirements, were actually introduced in the previous 
revision of the identified AFMs.
    From this statement, we infer that the commenter was requesting 
that we add a statement that the ``unreliable airspeed'' procedures 
were introduced in the previous revision of the identified AFMs. The 
commenter provided no justification for this request. We acknowledge 
that the ``unreliable airspeed'' procedures were introduced in an 
earlier revision of the identified AFMs. We have revised this AD by 
adding new paragraph (h) to this AD that provides credit to operators 
for previously completing the actions required by paragraph (g) of this 
AD if they used the applicable previous AFM revision.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed, except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting 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, Inc., has issued Unreliable Airspeed, of Section 03-15, 
Instruments System, of Chapter 3, Emergency Procedures, of the 
following AFMs:

[[Page 52845]]

     Bombardier Challenger 604 AFM, Publication No. CH 604 AFM, 
Revision 103, dated November 28, 2016.
     Bombardier Challenger 605 AFM, Publication No. CH 605 AFM, 
Revision 41, dated November 28, 2016.
     Bombardier Challenger 650 AFM, Publication No. CH 650 AFM, 
Revision 6, dated November 28, 2016.
    This service information provides revisions to the Emergency 
Procedures section of the AFM to incorporate a procedure for 
``Unreliable Airspeed.'' These documents are distinct since they apply 
to different airplane 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.

Costs of Compliance

    We estimate that this AD affects 128 airplanes of U.S. registry.
    We also estimate that it takes about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD on U.S. operators to be $10,880, or $85 per product.

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.
    We are 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 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 to 
the Director of the System Oversight Division.

Regulatory Findings

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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

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):

2017-22-11 Bombardier, Inc.: Amendment 39-19091; Docket No. FAA-
2017-0528; Product Identifier 2017-NM-028-AD.

(a) Effective Date

    This AD is effective December 20, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (CL-604 
Variant) airplanes, certificated in any category; serial numbers 
5301 through 5665 inclusive; 5701 through 5988 inclusive; and 6050 
through 6080 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of in-service incidents 
regarding the loss of all air data system information provided to 
the flightcrew. We are issuing this AD to provide the flightcrew 
with procedures for ``Unreliable Airspeed'' that stabilize the 
airplane's airspeed and attitude for continued safe flight and 
landing.

(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 
Emergency Procedures section of the AFM to include the information 
in Unreliable Airspeed, of Section 03-15, Instruments System, of 
Chapter 3, Emergency Procedures, of the applicable AFM specified in 
paragraph (g)(1), (g)(2), or (g)(3) of this AD. These revisions 
incorporate a procedure for ``Unreliable Airspeed.'' Thereafter, 
operate the airplane according to the limitation and procedure in 
the applicable revision.
    (1) For airplanes having serial numbers 5301 through 5665 
inclusive: Bombardier Challenger 604 AFM, Publication No. CH 604 
AFM, Revision 103, dated November 28, 2016.
    (2) For airplanes having serial numbers 5701 through 5988 
inclusive (marketing designation--Challenger 605): Bombardier 
Challenger 605 AFM, Publication No. CH 605 AFM, Revision 41, dated 
November 28, 2016.
    (3) For airplanes having serial numbers 6050 through 6080 
inclusive (marketing designation--Challenger 650): Bombardier 
Challenger 650 AFM, Publication No. CH 650 AFM, Revision 6, dated 
November 28, 2016.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the applicable AFM revision 
specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD.
    (1) For airplanes having serial numbers 5301 through 5665 
inclusive: Bombardier Challenger 604 AFM, Publication No. CH 604 
AFM, Revision 102, dated August 30, 2016.
    (2) For airplanes having serial numbers 5701 through 5988 
inclusive (marketing designation--Challenger 605): Bombardier 
Challenger 605 AFM, Publication No. CH 605 AFM, Revision 40, dated 
August 30, 2016.
    (3) For airplanes having serial numbers 6050 through 6080 
inclusive (marketing designation--Challenger 650): Bombardier 
Challenger 650 AFM, Publication No. CH 650 AFM, Revision 5, dated 
August 30, 2016.

(i) 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

[[Page 52846]]

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; telephone: 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2017-01, dated January 6, 
2017, for related information for related information. This MCAI may 
be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2017-0528.
    (2) For more information about this AD, contact Assata 
Dessaline, Aerospace Engineer, Avionics and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 516-228-7301; fax: 516-794-5531.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Challenger 604 Airplane Flight Manual (AFM), 
Publication No. CH 604 AFM, Revision 103, dated November 28, 2016.
    (ii) Bombardier Challenger 605 AFM, Publication No. CH 605 AFM, 
Revision 41, dated November 28, 2016.
    (iii) Bombardier Challenger 650 AFM, Publication No. CH 650 AFM, 
Revision 6, dated November 28, 2016.
    (3) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-
855-7401; email: [email protected]; Internet: http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 20, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-23996 Filed 11-14-17; 8:45 am]
 BILLING CODE 4910-13-P