[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Rules and Regulations]
[Pages 35175-35177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12374]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 111 / Tuesday, June 9, 2020 / Rules 
and Regulations  

[[Page 35175]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1076; Product Identifier 2019-NM-173-AD; Amendment 
39-19914; AD 2020-11-10]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. This AD was 
prompted by a report of an in-flight event where a flightcrew observed 
a SPOILER FAIL message and had difficulty maintaining roll control of 
the airplane. This AD requires revising the existing airplane flight 
manual (AFM) to provide the flightcrew with procedures related to roll 
spoiler failures that reduce the flightcrew workload during this type 
of failure scenario. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective July 14, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 14, 
2020.

ADDRESSES: For service information identified in this final rule, 
contact Bombardier, Inc., 200 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 2A3, Canada; North America toll-free telephone 1-866-
538-1247 or direct-dial telephone 1-514-855-2999; email 
[email protected]; internet https://www.bombardier.com. You 
may view this 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-2019-
1076.

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-
1076; 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: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7323; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-29, dated August 
12, 2019 (also referred to 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 in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1076.
    The FAA 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 BD-100-1A10 airplanes. The NPRM published in the Federal 
Register on January 22, 2020 (85 FR 3553). The NPRM was prompted by a 
report of an in-flight event where a flightcrew observed a SPOILER FAIL 
message and had difficulty maintaining roll control of the airplane. 
The NPRM proposed to require revising the existing AFM to provide the 
flightcrew with procedures related to roll spoiler failures that reduce 
the flightcrew workload during this type of failure scenario. The FAA 
is issuing this AD to address uncommanded deployment of the multi-
function spoiler at certain positions, which in combination with 
specific flap positions and airspeeds, could create an unacceptably 
high flightcrew workload in maintaining roll control of the airplane 
and could possibly lead to loss of controllability 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 following presents the comment received 
on the NPRM and the FAA's response to that comment.

Request To Use the Latest Service Information

    Net Jets requested that the FAA use the latest service information. 
Net Jets stated that Bombardier has released Challenger 350 Airplane 
Flight Manual, Publication No. CH 350 AFM, Revision 24, dated January 
15, 2020.
    The FAA agrees to clarify. Paragraph (g) of this AD specifies to 
revise the Non-Normal Procedures section of the existing AFM to 
incorporate the information in Section 05-23, ``Flight Controls,'' of 
Bombardier Challenger 350, Airplane Flight Manual, Publication No. CH 
350 AFM, Revision 22, dated July 8, 2019 (for the applicable 
airplanes). The language in paragraph (g) of this AD is designed to 
allow incorporating the specific information in Section 05-23, 
regardless of the revision level of the AFM, so long as the language is 
identical to the information in Section 05-23, ``Flight Controls,'' 
Revision 22. The FAA has not changed this AD in this regard.

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

[[Page 35176]]

     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 Challenger 300 Airplane Flight Manual, 
Publication No. CSP 100-1, Revision 56, dated July 8, 2019; and 
Challenger 350 Airplane Flight Manual, Publication No. CH 350 AFM, 
Revision 22, dated July 8, 2019. This service information describes 
non-normal procedures for flight controls. These documents are distinct 
since they apply to different airplane serial numbers. 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 577 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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          $49,045
----------------------------------------------------------------------------------------------------------------

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

    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

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):

2020-11-10 Bombardier, Inc.: Amendment 39-19914; Docket No. FAA-
2019-1076; Product Identifier 2019-NM-173-AD.

(a) Effective Date

    This AD is effective July 14, 2020.

(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 20788 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of an in-flight event where a 
flightcrew observed a SPOILER FAIL message and had difficulty 
maintaining roll control of the airplane. The FAA is issuing this AD 
to address uncommanded deployment of the multi-function spoiler at 
certain positions, which in combination with specific flap positions 
and airspeeds, could create an unacceptably high flightcrew workload 
in maintaining roll control of the airplane and could possibly lead 
to loss of controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Airplane Flight Manual (AFM) Revisions

    Within 30 days after the effective date of this AD: Revise the 
Non-Normal Procedures section of the existing AFM to incorporate the 
information in Section 05-23, ``Flight Controls,'' of the applicable 
AFM specified in figure 1 to paragraph (g) of this AD.

[[Page 35177]]

[GRAPHIC] [TIFF OMITTED] TR09JN20.000

(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; 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 instructions from a manufacturer, the instructions 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-2019-29, dated August 12, 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-2019-1076.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email 
[email protected].

(j) 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 300 Airplane Flight Manual, 
Publication No. CSP 100-1, Revision 56, dated July 8, 2019.
    (ii) Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 22, dated July 8, 2019.
    (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 telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email 
[email protected]; internet https://www.bombardier.com.
    (4) You may view this 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.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 28, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-12374 Filed 6-8-20; 8:45 am]
 BILLING CODE 4910-13-P