[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20394-20396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07644]


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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; Amendment 
39-19892; AD 2020-07-13]
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 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. 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. This AD requires 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 issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 18, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 18, 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 phone: 1-866-
538-1247 or direct-dial phone: 1-514-855-2999; email: 
ac.yul@aero.bombardier.com; 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. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0728.

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 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; 
phone: 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-2019-12, dated April 3, 
2019 (``Canadian AD CF-2019-12'') (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-2019-0728.
    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 November 6, 2019 (84 FR 59739). The NPRM 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 NPRM proposed to require revising the existing AFM to 
provide the flightcrew with new warnings for ``Autoflight'' and 
``Engine Failure in Climb During ALTS CAP.'' 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 
flightcrew intervention to maintain a safe operating speed. See the

[[Page 20395]]

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 for Clarification of Intent of the Required Actions

    NetJets asked if the FAA's intent is to require operators to 
request approval of an alternative method of compliance (AMOC) each 
time the AFM is revised. NetJets then requested that if the intent is 
to require approval of an AMOC each time the AFM is revised, to 
decrease the number of AMOCs necessary, the FAA specifically refer to 
Revision 19 of Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM. NetJets noted that paragraph (g) of the 
proposed AD refers to Revision 21 of Bombardier Challenger 350 Airplane 
Flight Manual, Publication No. CH 350 AFM, but pointed out that the 
ALTS CAP warning was introduced in Revision 19 of Bombardier Challenger 
350 Airplane Flight Manual, Publication No. CH 350 AFM. NetJets also 
pointed out that the current revision of Bombardier Challenger 350 
Airplane Flight Manual, Publication No. CH 350 AFM is Revision 23.
    The FAA agrees to clarify the intent of the AD requirement. The FAA 
has determined that it is appropriate to match the documents referenced 
in the MCAI, and has therefore revised this AD to refer to those 
documents: Bombardier Challenger 300 Airplane Flight Manual, 
Publication No. CSP 100-1, Revision 53, dated September 5, 2018; and 
Bombardier Challenger 350 Airplane Flight Manual, Publication No. CH 
350 AFM, Revision 19, dated September 5, 2018. The information 
contained in these revisions is the same as that in the later revisions 
that were referenced in the NPRM. This AD requires including the 
information that is provided in the referenced AFM revisions. However, 
the language in paragraph (g) of this AD is designed to allow 
incorporating the specific information, regardless of the revision 
level of the AFM in use, provided the language is identical to the 
referenced AFM revisions specified in paragraph (g) of this AD.

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 with the change described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which 
provides new warnings for the ``Autoflight'' procedure in Section 02-
04, ``Systems Limitations,'' of the LIMITATIONS section; and ``Engine 
Failure in Climb During ALTS CAP,'' procedure in Section 03-32, 
``Powerplant,'' of the EMERGENCY PROCEDURES section; of the applicable 
AFM.
     Bombardier Challenger 300 Airplane Flight Manual, 
Publication No. CSP 100-1, Revision 53, dated September 5, 2018.
     Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 252 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          $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.

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:

[[Page 20396]]

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):

2020-07-13 Bombardier, Inc.: Amendment 39-19892; Docket No. FAA-
2019-0728; Product Identifier 2019-NM-071-AD.

(a) Effective Date

    This AD is effective May 18, 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 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 Existing Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the 
existing AFM to include the information in the ``Autoflight'' 
procedure in Section 02-04, ``System Limitations,'' of the 
LIMITATIONS section, and ``Engine Failure in Climb During ALTS 
CAP,'' procedure in Section 03-32, ``Powerplant,'' of the EMERGENCY 
PROCEDURES section; of the Bombardier Challenger 300 Airplane Flight 
Manual, Publication No. CSP 100-1, Revision 53, dated September 5, 
2018 (for airplanes having serial numbers 20003 through 20500 
inclusive); or the Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018 
(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: 9-avs-nyaco-cos@faa.gov.

(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 53, dated September 5, 2018.
    (A) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS 
section.
    (B) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES 
section.
    (ii) Bombardier Challenger 350 Airplane Flight Manual, 
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018.
    (A) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS 
section.
    (B) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES 
section.
    (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: 
ac.yul@aero.bombardier.com; internet: http://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 on April 3, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-07644 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P


