[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 457-459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28365]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0993; Product Identifier 2019-NM-198-AD; Amendment 
39-21017; AD 2019-25-18]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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. This AD was prompted by a report of a wing stall (wing drop/
uncommanded roll) during landing flare, due to ice on the wing leading 
edges that was not detected by the anti-ice system. This AD requires 
revising the existing airplane flight manual (AFM) to include a 
limitation and normal operating procedure for the wing anti-ice system. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD becomes effective January 21, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 21, 
2020.
    The FAA must receive comments on this AD by February 20, 2020.

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 https://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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    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; 
email ac.yul@aero.bombardier.com; internet https://www.bombardier.com. 
You may view this referenced 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-2019-0993.

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-
0993; or in person at the Docket Operations office 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 Operations office 
is listed above. Comments will be available in the AD docket shortly 
after receipt.

FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7362; 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-2019-41, dated November 
7, 2019, (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. You may examine the MCAI on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0993.
    This AD was prompted by a report of a wing stall (wing drop/
uncommanded

[[Page 458]]

roll) during landing flare, due to ice on the wing leading edges that 
was not detected by the anti-ice system. The FAA is issuing this AD to 
address ice on the wing leading edges, which could adversely affect the 
stall speeds, stall characteristics, and the protection provided by the 
stall protection system, which could result in loss of control of the 
airplane during takeoff or landing. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following operational limitation and 
procedure in the existing Bombardier CRJ Series Regional Jet Model CL-
600-2B19 Airplane Flight Manual, CSP A-012, Volume 1, Revision 72, 
dated July 12, 2019. This service information describes a limitation 
and normal operating procedure for the wing anti-ice system.
     Paragraph 3.--``Operation in Icing Conditions,'' of 
Section 02-04, ``Operating Limitations,'' of Chapter 2, LIMITATIONS.''
     Paragraph 5.--``Prior to Landing'' of Section 04-02, 
``Consolidated Procedures'' of Chapter 4 ``NORMAL PROCEDURES.''
    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. The FAA is issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Requirements of This AD

    This AD requires revising the existing AFM to incorporate a 
limitation and normal operating procedure for the wing anti-ice system.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because ice on the wing leading edges could adversely affect the stall 
speeds, stall characteristics, and the protection provided by the stall 
protection system, which could result in loss of control of the 
airplane during takeoff or landing. Therefore, the FAA finds good cause 
that notice and opportunity for prior public comment are impracticable. 
In addition, for the reasons stated above, the FAA finds that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2019-0993; 
Product Identifier 2019-NM-198-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 503 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          $42,755
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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.
    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

    The FAA has 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

[[Page 459]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2019-25-18 Bombardier, Inc.: Amendment 39-21017; Docket No. FAA-
2019-0993; Product Identifier 2019-NM-198-AD.

(a) Effective Date

    This AD becomes effective January 21, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Reason

    This AD was prompted by a report of a wing stall (wing drop/
uncommanded roll) during landing flare, due to ice on the wing 
leading edges that was not detected by the anti-ice system. The FAA 
is issuing this AD to address undetected ice on the wing leading 
edges, which could adversely affect the stall speeds, stall 
characteristics, and the protection provided by the stall protection 
system, which could result in loss of control of the airplane during 
takeoff or 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 
existing AFM to incorporate the information specified in paragraphs 
(g)(1) and (2) of this AD.
    (1) Paragraph 3.--``Operation in Icing Conditions'' of Section 
02-04, ``Operating Limitations,'' of Chapter 2, LIMITATIONS,'' of 
the Bombardier CRJ Series Regional Jet Model CL-600-2B19 Airplane 
Flight Manual, CSP A-012, Volume 1, Revision 72, dated July 12, 
2019.
    (2) Paragraph 5.--``Prior to Landing'' of Section 04-02, 
``Consolidated Procedures'' of Chapter 4 ``NORMAL PROCEDURES,'' of 
the Bombardier CRJ Series Regional Jet Model CL-600-2B19 Airplane 
Flight Manual, CSP A-012, Volume 1, Revision 72, dated July 12, 
2019.

(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-2019-41, dated November 7, 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-2019-0993.
    (2) For more information about this AD, contact Siddeeq Bacchus, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7362; 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 CRJ Series Regional Jet Model CL-600-2B19 
Airplane Flight Manual, CSP A-012, Volume 1, Revision 72, dated July 
12, 2019.
    (A) Paragraph 3.--``Operation in Icing Conditions'' of Section 
02-04, ``Operating Limitations,'' of Chapter 2, LIMITATIONS.''
    (B) Paragraph 5.--``Prior to Landing'' of Section 04-02, 
``Consolidated Procedures'' of Chapter 4 ``NORMAL PROCEDURES.''
    (ii) [Reserved]
    (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; 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 on December 20, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-28365 Filed 1-3-20; 8:45 am]
BILLING CODE 4910-13-P


