[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Rules and Regulations]
[Pages 30383-30387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11956]


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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; 
Amendment 39-21564; AD 2021-11-02]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-22-
07, which applied 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 required revising the existing airplane flight manual 
(AFM) to include a limitation and an abnormal operating procedure for 
the Automatic Flight Control System (AFCS). This AD requires revising 
the existing AFM and adding airplanes to the applicability. This AD was 
prompted by a finding that the limitation and abnormal operating 
procedure did not include reference to a certain mode. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 13, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 13, 
2021.

ADDRESSES: For Bombardier service information identified in this final 
rule, 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 referenced 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-2021-0098.

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 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: 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:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2018-32R1, dated August 21, 
2020 (also referred to 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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-22-07, Amendment 39-19786 (85 FR 439, 
January 6, 2020) (AD 2019-22-07). AD 2019-22-07 applied 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)

[[Page 30384]]

airplanes. The NPRM published in the Federal Register on February 24, 
2021 (86 FR 11165). The NPRM was prompted by a finding that the 
limitation and abnormal operating procedure did not include reference 
to (V) ALTV CAP mode and a finding that the MHI RJ Aviation ULC Model 
CL-600-2C11 (Regional Jet Series 550) airplanes are also affected by 
the same unsafe condition (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 NPRM proposed to require revising 
the existing AFM and adding airplanes to the applicability. 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. 
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The Air Line Pilots Association, International (ALPA) stated 
that it supports the NPRM.

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
     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, (V) ALTS CAP mode, or (V) ALTV CAP mode, 
as applicable. These documents are distinct since they apply to 
different airplane models.
     Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS''; and 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.
     Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS''; and 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.
     Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS''; and 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.
     Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS''; and 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.

Costs of Compliance

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

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

[[Page 30385]]

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:

2021-11-02 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-21564; Docket No. FAA-2021-0098; 
Project Identifier MCAI-2020-01121-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 13, 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.
[GRAPHIC] [TIFF OMITTED] TR08JN21.015

(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.

[[Page 30386]]

[GRAPHIC] [TIFF OMITTED] TR08JN21.016

(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 21, 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) 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) Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS,'' of Bombardier CRJ Series Regional Jet Model CL-600-
2B19 Airplane Flight Manual (AFM), CSP A-012, Volume 1, Revision 73, 
dated January 3, 2020.
    (ii) Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES,'' of Bombardier CRJ Series Regional Jet Model 
CL-600-2B19 Airplane Flight Manual (AFM), CSP A-012, Volume 1, 
Revision 73, dated January 3, 2020.
    (iii) Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS,'' of 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.
    (iv) Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES,'' of 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.
    (v) Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS,'' of Bombardier CRJ Series Regional Jet Model CL-600-
2D24 (Series 900) and Model CL-600-2D15 (Series 705) AFM, CSP C-012, 
Volume 1, Revision 24, dated March 27, 2020.
    (vi) Section 05-02, ``In-flight Engine Failures,'' of Chapter 5, 
``ABNORMAL PROCEDURES,'' of Bombardier CRJ Series Regional Jet Model 
CL-600-2D24 (Series 900) and Model CL-600-2D15 (Series 705) AFM, CSP 
C-012, Volume 1, Revision 24, dated March 27, 2020.
    (vii) Section 02-08, ``System Limitations,'' of Chapter 2, 
``LIMITATIONS,'' of Bombardier CRJ Series Regional Jet Model

[[Page 30387]]

CL-600-2E25 (Series 1000) AFM, CSP D-012, Revision 23, dated 
February 14, 2020.
    (viii) Section 05-02, ``In-flight Engine Failures,'' of Chapter 
5, ``ABNORMAL PROCEDURES,'' of Bombardier CRJ Series Regional Jet 
Model CL-600-2E25 (Series 1000) AFM, CSP D-012, Revision 23, dated 
February 14, 2020.
    (3) For Bombardier 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.
    (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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-11956 Filed 6-7-21; 8:45 am]
BILLING CODE 4910-13-P


