[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11165-11169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03589]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0098; Project Identifier MCAI-2020-01121-T]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-22-07, which applies to all MHI RJ Aviation ULC 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. 
AD 2019-22-07 requires revising the existing airplane flight manual 
(AFM) to include a limitation and an abnormal operating procedure for 
the Automatic Flight Control System (AFCS). Since the FAA issued AD 
2019-22-07, it was found that the limitation and abnormal operating 
procedure did not include reference to a certain mode. This proposed AD 
would require revising the existing AFM and adding airplanes to the 
applicability. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 12, 
2021.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For MHI RJ Aviation ULC service information identified in this 
NPRM, contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, 
Qu[eacute]bec J7N 1E1 Canada; Widebody Customer Response Center North 
America toll-free telephone +1-844-272-2720 or direct-dial telephone 
+1-514-855-8500; fax +1-514-855-8501; email thd.crj@mhirj.com; internet 
https://mhirj.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.

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-2021-
0098; 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, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace 
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7367; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0098; Project Identifier 
MCAI-2020-01121-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The

[[Page 11166]]

agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7367; email 9-avs-nyaco-cos@faa.gov. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    The FAA issued AD 2019-22-07, Amendment 39-19786 (85 FR 439, 
January 6, 2020) (AD 2019-22-07), for all MHI RJ Aviation ULC 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. AD 2019-22-07 requires revising the existing AFM to include 
a limitation and an abnormal operating procedure for the AFCS. AD 2019-
22-07 resulted from 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 FAA issued AD 2019-22-07 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.

Actions Since AD 2019-22-07 Was Issued

    Since the FAA issued AD 2019-22-07, it was found that the 
limitation and abnormal operating procedure did not include reference 
to (V) ALTV CAP mode. It was also found that the MHI RJ Aviation ULC 
Model CL-600-2C11 (Regional Jet Series 550) airplanes are also affected 
by the same unsafe condition.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2018-32R1, dated August 7, 
2020 (also referred to after this as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 
& 440), CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2C11 
(Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 705), CL-
600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet 
Series 1000) 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-2021-0098.
    This proposed AD was prompted by a report that found that the 
limitation and abnormal operating procedure did not include reference 
to (V) ALTV CAP mode (Model CL-600-2B19 airplanes do not have (V) ALTS 
CAP or (V) ALTV CAP mode). The risk of the unsafe condition also exists 
during (V) ALTV CAP mode. The FAA is proposing this AD to address an 
engine failure, if it occurs during or before a climb while in ALTS 
CAP, (V) ALTS CAP, or (V) ALTV CAP mode, as applicable, 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.

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, (V) ALTS CAP mode, or (V) ALTV CAP mode, 
as applicable. 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,'' 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, CSP A-012, Volume 1, Revision 73, dated January 3, 2020.
     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.D, ``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV 
CAP,'' of Section 05-02, ``IN-FLIGHT ENGINE FAILURES,'' of Chapter 5, 
``ABNORMAL PROCEDURES''; of the Bombardier CRJ Series Regional Jet 
Model CL-600-2C10 (Series 700, 701, 702) and CL-600-2C11 (Series 550) 
AFM CSP B-012, Revision 31, dated May 8, 2020.
     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.D, ``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV 
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 (Series 900) and CL-600-2D15 (Series 705) AFM, CSP C-
012, Volume 1, Revision 24, dated March 27, 2020.
     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.D, ``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV 
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 (Series 1000) AFM CSP D-012, Revision 23, dated 
February 14, 2020.
    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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA

[[Page 11167]]

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 retain none of the requirements of AD 2019-
22-07. This proposed AD would require revising the existing AFM to 
include reference to (V) ALTV CAP mode, as applicable, in the 
limitation and an abnormal operating procedure for the AFCS.

Costs of Compliance

    The FAA estimates that this proposed AD affects 992 airplanes of 
U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
New proposed actions..................  1 work-hour x $85 per                 $0             $85         $84,320
                                         hour = $85.
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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.

Regulatory Findings

    The FAA has 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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:
0
a. Removing Airworthiness Directive (AD) 2019-22-07, Amendment 39-19786 
(85 FR 439, January 6, 2020), and
0
b. Adding the following new AD:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, 
Inc.): Docket No. FAA-2021-0098; Project Identifier MCAI-2020-01121-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by April 12, 2021.

(b) Affected ADs

    This AD replaces AD 2019-22-07, Amendment 39-19786 (85 FR 439, 
January 6, 2020) (AD 2019-22-07).

(c) Applicability

    This AD applies to the MHI RJ Aviation ULC airplanes identified 
in paragraphs (c)(1) through (6) 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-600-2C11 (Regional Jet Series 550) airplanes.
    (4) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (5) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (6) 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 the Automatic 
Flight Control System (AFCS) ALTS CAP, (V) ALTS CAP, or (V) ALTV 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, (V) ALTS CAP, or (V) ALTV 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 60 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.D, 
``Engine Failure in Climb During (V) ALTS CAP or (V) ALTV 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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[GRAPHIC] [TIFF OMITTED] TP24FE21.001

(i) Other FAA AD Provisions

    (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 responsible Flight Standards 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 
responsible Flight Standards 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 MHI RJ 
Aviation ULC'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) TCCA AD CF-2018-32R1, dated August 7, 2020, 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-2021-0098.
    (2) For more information about this AD, contact Steven 
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7367; email 9-avs-nyaco-cos@faa.gov.
    (3) For MHI RJ Aviation ULC service information identified in 
this AD, contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., 
Mirabel, Qu[eacute]bec J7N 1E1 Canada; Widebody Customer Response 
Center North America toll-free telephone +1-844-272-2720 or direct-
dial telephone +1-514-855-8500; fax +1-514-855-8501; email 
thd.crj@mhirj.com; internet https://mhirj.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.

    Issued on February 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03589 Filed 2-23-21; 8:45 am]
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