[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 439-443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28463]


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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; Amendment 
39-19786; AD 2019-22-07]
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: The FAA is adopting 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 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 AD requires revising the 
existing airplane flight manual (AFM) to include a limitation and an 
abnormal operating procedure for the AFCS. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective February 10, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 10, 
2020.

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; 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 ac.yul@aero.bombardier.com; 
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. It is also available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0256.

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-
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 final rule, the regulatory evaluation, 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: 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 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

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-600-2C10 (Regional Jet Series 
700, 701 & 702) airplanes, Model CL-600-2D15 (Regional Jet Series 705) 
airplanes, Model CL-600-2D24 (Regional Jet

[[Page 440]]

Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to the airplanes 
identified in the MCAI. The NPRM published in the Federal Register on 
May 14, 2019 (84 FR 21276). The NPRM was prompted by a report that 
during AFCS ALTS CAP or (V) ALTS CAP mode the flight guidance/autopilot 
does not account for engine failure while capturing an altitude. The 
NPRM proposed to require revising the existing AFM to include a 
limitation and abnormal operating procedure for the AFCS.
    The FAA is issuing this AD to address an engine failure, if it 
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. 
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 comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) indicated its 
support for the NPRM. Endeavor Air stated that it has no objection to 
adding a requirement to revise the existing AFM to include the 
information in Subject 2, ``Automatic Flight Control System (AFCS),'' 
of Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS,'' of the applicable Bombardier AFM.

Request To Remove a Proposed Requirement

    Endeavor Air stated that it disagreed with the proposed requirement 
to revise the existing AFM to include the information in 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 Bombardier AFM. The commenter stated that the increased 
pilot workload of having to accomplish two independent quick reference 
handbook procedures following an engine failure would reduce the safety 
margins. The commenter explained that when an engine failure occurs 
during (V) ALTS CAP mode, the resulting speed decay is minimal given a 
worst-case scenario of climbing at a slow airspeed with a high rate of 
climb, which could result in the greatest amount of time in (V) ALTS 
CAP mode. The commenter further explained that by the time the pilot 
flying the airplane called for the procedure and disconnected the 
autopilot, the (V) ALTS CAP phase would be over and the airplane would 
be in level flight. The commenter mentioned that the decrease in 
automation and increase in pilot workload could reduce the pilot's 
situational awareness of the engine failure malfunction and the state 
of the airplane.
    The FAA infers that the commenter is requesting that the 
requirement to revise the existing AFM to include the information 
specified in 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,'' 
of the applicable Bombardier AFM be removed from this AD. The FAA 
disagrees with the commenter's request. In ALTS CAP mode the speed 
control is on thrust; therefore, the loss of a single engine would 
result in airspeed decay if the flight director guidance was followed 
by the autopilot or flight director commands.
    Furthermore, for the 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, a simulation 
showed that at certain weights, VMCA (the minimum control 
speed in the air) could be reached before the stall warning occurred, 
with the potential for loss of control of the airplane if the flight 
director commands were followed without any pilot action to otherwise 
control speed with pitch attitude. In some worst-case conditions, to 
ensure a safe speed, the automation (autopilot) must be disconnected.
    In addition, the purpose of the AFM abnormal procedure is to ensure 
flightcrew awareness of the requirement to disconnect the autopilot and 
control the airspeed with pitch attitude. In regard to increased pilot 
workload, the FAA considered that a pilot of at least average skill 
would, in most cases, intuitively disconnect the autopilot and control 
speed manually in the event of a large deceleration while in ALTS CAP 
mode. The intent of the AFM abnormal procedure is to provide 
instructions for the steps required to maintain speed control, as 
opposed to a checklist in a quick reference handbook to address such a 
situation if encountered. Furthermore, in some conditions, the duration 
of ALTS CAP mode may be short enough that the airspeed decay may not be 
large, but the AFM must address the worst-case conditions. The FAA has 
not revised this AD in regard to this issue.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
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
     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 the following service information, which 
describes procedures for revising the existing AFM by including a 
limitation that specifies a warning for the AFCS and an abnormal 
operating procedure 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, ``Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;'' 
and Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' and 
Subject 1.C, ``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 Series Regional Jet Model CL-600-
2B19 AFM, Volume 1, CSP A-012, Revision 70, dated July 13, 2018.
     Subject 2,'' Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;'' 
and Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' and 
Subject 1.C, ``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 Series Regional Jet CL-600-2C10, 
AFM CSP B-012, Revision 24, dated May 11, 2018.
     Subject 2, ``Automatic Flight Control System (AFCS),'' of 
Section 02-

[[Page 441]]

08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;'' and Subject 
1.C, ``Engine Failure in Climb During ALTS CAP,'' and Subject 1.C, 
``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 Series Regional Jet Model CL-600-2D24 and CL-600-
2D15 AFM, Volume 1, CSP C-012, Revision 19A, dated August 17, 2018.
     Subject 2, ``Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, ``LIMITATIONS;'' 
and Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' and 
Subject 1.C, ``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 Series Regional Jet Model CL-600-
2E25 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.

Costs of Compliance

    The FAA estimates that this AD affects 985 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          $83,725
----------------------------------------------------------------------------------------------------------------

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 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

    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):

2019-22-07 Bombardier, Inc.: Amendment 39-19786; Docket No. FAA-
2019-0256; Product Identifier 2019-NM-027-AD.

(a) Effective Date

    This AD is effective February 10, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in 
paragraphs (c)(1) through (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. The FAA is issuing this AD to address an 
engine failure, if it 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 
existing 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 1.C, 
``Engine Failure in Climb During ALTS CAP,'' or Subject 1.C, 
``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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[GRAPHIC] [TIFF OMITTED] TR06JA20.000

(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.
[GRAPHIC] [TIFF OMITTED] TR06JA20.001

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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

[[Page 443]]

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 https://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 9-avs-nyaco-cos@faa.gov.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (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 CRJ Series Regional Jet Model CL-600-2B19 
Airplane Flight Manual (AFM), Volume 1, CSP A-012, Revision 70, 
dated July 13, 2018.
    (A) Subject 2, ``Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS.''
    (B) Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' 
and Subject 1.C, ``Engine Failure in Climb During (V) ALTS CAP,'' of 
Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES.''
    (ii) Bombardier CRJ Series Regional Jet Model CL-600-2C10 AFM, 
CSP B-012, Revision 24, dated May 11, 2018.
    (A) Subject 2, ``Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS.''
    (B) Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' 
and Subject 1.C, ``Engine Failure in Climb During (V) ALTS CAP,'' of 
Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES.''
    (iii) Bombardier CRJ Series Regional Jet Model CL-600-2D24 and 
Model CL-600-2D15 AFM, Volume 1, CSP C-012, Revision 19A, dated 
August 17, 2018.
    (A) Subject 2, ``Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS.''
    (B) Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' 
and Subject 1.C, ``Engine Failure in Climb During (V) ALTS CAP,'' of 
Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES.''
    (iv) Bombardier CRJ Series Regional Jet Model CL-600-2E25 AFM, 
CSP D-012, Revision 20, dated September 28, 2018.
    (A) Subject 2, ``Automatic Flight Control System (AFCS),'' of 
Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS.''
    (B) Subject 1.C, ``Engine Failure in Climb During ALTS CAP,'' 
and Subject 1.C, ``Engine Failure in Climb During (V) ALTS CAP,'' of 
Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES.''
    (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 
ac.yul@aero.bombardier.com; internet https://www.bombardier.com.
    (4) 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.
    (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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 18, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28463 Filed 1-3-20; 8:45 am]
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