[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21276-21279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09806]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0256; Product Identifier 2019-NM-027-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Bombardier, Inc., 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. This proposed AD was prompted by 
a report that during Automatic Flight Control System (AFCS) 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 airplane flight manual (AFM) to include a 
limitation and abnormal operating procedure for the AFCS. We are 
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 28, 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 http://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., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; 
fax 514-855-7401; email [email protected]; internet http://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 http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0256; 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 (phone: 800-647-
5527) 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; 
telephone 516-228-7367; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite 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-2019-0256; 
Product Identifier 2019-NM-027-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-32, dated December 
10, 2018 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Bombardier, Inc., Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes; Model CL-

[[Page 21277]]

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 MCAI states:

    It was determined that during ALTS CAP or (V) ALTS CAP mode, the 
flight guidance/autopilot does not account for engine failure while 
capturing an altitude. If an engine failure occurs during or before 
a climb while in ALTS CAP or (V) ALTS CAP mode, the airspeed may 
drop significantly below the safe operating speed. Prompt crew 
intervention may be required to maintain a safe operating speed.
    This [Canadian] AD mandates the introduction of a Limitation and 
Abnormal procedure to the [airplane flight manual] AFM to address 
the above mentioned unsafe condition.

    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-2019-
0256.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which 
describes procedures for revising the AFM by including a warning for 
the AFCS and procedures if an engine failure occurs during or before a 
climb while in ALTS CAP mode or if an engine failure occurs during or 
before a climb while in (V) ALTS CAP mode. These documents are distinct 
since they apply to different airplane models.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,'' 
of Chapter 2, ``LIMITATIONS,'' and Subject 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 Regional Jet 
AFM, CSP A-012, Revision 70, dated July 13, 2018.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,'' 
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb 
During ALTS CAP'' and ``Engine Failure in Climb During (V) ALTS CAP,'' 
of Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet AFM CSP B-
012, Revision 24, dated May 11, 2018.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,'' 
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb 
During ALTS CAP'' and ``Engine Failure in Climb During (V) ALTS CAP,'' 
of Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet AFM CSP C-
012, Revision 19A, dated August 17, 2018.
     Subject 2--AFCS, of Section 02-08, ``System Limitations,'' 
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in Climb 
During ALTS CAP'' and ``Engine Failure in Climb During (V) ALTS CAP,'' 
of Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES,'' of the Bombardier CRJ Regional Jet AFM CSP D-
012, Revision 20, dated September 28, 2018.
    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 our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
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 AFM by including a 
warning for the AFCS and procedures if an engine failure occurs during 
or before a climb while in ALTS CAP mode and if an engine failure 
occurs during or before a climb while in (V) ALTS CAP mode.

Costs of Compliance

    We estimate that this proposed AD affects 985 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $83,725
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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 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);

[[Page 21278]]

    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.

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-2019-0256; Product Identifier 2019-
NM-027-AD.

(a) Comments Due Date

    We must receive comments by June 28, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in 
paragraphs (c)(1) through (c)(5) of this AD, certificated in any 
category, all manufacturer serial numbers.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (4) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by a report that during Automatic Flight 
Control System (AFCS) ALTS CAP or (V) ALTS CAP mode the flight 
guidance/autopilot does not account for engine failure while 
capturing an altitude. We are issuing this AD to address an engine 
failure that 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.

(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 
AFM to include the information in Subject 2, ``Automatic Flight 
Control System (AFCS),'' of Section 02-08, ``System Limitations,'' 
of Chapter 2, ``LIMITATIONS,'' and Subject C, ``Engine Failure in 
Climb During ALTS CAP,'' or ``Engine Failure in Climb During (V) 
ALTS CAP,'' of Section 05-02, ``In-flight Engine Failures,'' of 
Chapter 5, ``ABNORMAL PROCEDURES,'' as applicable, of the applicable 
AFM identified in figure 1 to paragraph (g) of this AD.
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(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the applicable AFM specified in figure 2 to 
paragraph (h) of this AD.

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(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 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 AD CF-2018-32, dated December 10, 2018, 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-2019-0256.
    (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; telephone 516-228-7367; fax 516-794-
5531; email [email protected].
    (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; Widebody Customer Response Center 
North America toll-free telephone 1-866-538-1247 or direct-dial 
telephone 1-514-855-2999; fax 514-855-7401; email 
[email protected]; internet http://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 April 25, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-09806 Filed 5-13-19; 8:45 am]
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