[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26367-26370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10259]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0342; Project Identifier MCAI-2020-01547-T; 
Amendment 39-21530; AD 2021-09-16]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

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 of a number of low altitude engine surge incidents 
during takeoff. This AD requires revising the existing airplane flight 
manual and applicable corresponding operational procedures to provide 
the flightcrew with procedures to require the engine bleeds to be 
``ON'' during takeoff. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective June 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 1, 2021.
    The FAA must receive comments on this AD by June 28, 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 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 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, Airworthiness Products

[[Page 26368]]

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-
0342.

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-
0342; 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, any comments received, and other information. The 
street address for the Docket Operations office is listed above.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace 
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; 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 TCCA AD CF-2020-47, dated November 18, 
2020 (TCCA AD CF-2020-47) (referred to after this 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0342.
    This AD was prompted by a report of a number of low altitude engine 
surge incidents during takeoff. Under certain environmental conditions 
(e.g., temperature/thermal inversion), the existing engine control 
features can lead to engine surge. The FAA is issuing this AD to 
address engine surges during takeoff, which can result in significant 
loss of engine thrust or even engine shutdown and can occur on both 
engines at the same time. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Section 02-04, ``Systems Limitations,'' of 
Chapter 02, ``LIMITATIONS''; and Section 04-03 of Chapter 04, ``NORMAL 
PROCEDURES''; of Challenger 300 Airplane Flight Manual (Imperial 
Version), Publication No. CSP 100-1, Revision 63, dated April 1, 2021. 
Section 02-04, ``Systems Limitations,'' of Chapter 02, ``LIMITATIONS'' 
provides a procedure for ``Air Conditioning and Pressurization''; and 
Section 04-03 of Chapter 04, ``NORMAL PROCEDURES'' provides a procedure 
for ``Taxi and Before Takeoff.'' The procedures require the left and 
right engine bleeds to be ``ON'' during takeoff. (For obtaining the 
procedures for Bombardier Challenger 300 Airplane Flight Manual 
(Imperial Version), Publication No. CSP 100-1, use Document 
Identification No. CH 300 AFM-I.) 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 issuing this AD 
because the FAA 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 airplane flight manual and 
applicable corresponding operational procedures to provide the 
flightcrew with procedures that require the engine bleeds to be ``ON'' 
during takeoff.

Explanation of Incorporating Information Specified in an AFM Revision

    This AD requires including the information that is provided in the 
referenced AFM revision in paragraph (g) of this AD. 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. The language in a later revision 
of the Challenger 300 Airplane Flight Manual, Publication No. CSP 100-1 
that is the same as the language in Challenger 300 Airplane Flight 
Manual, Publication No. CSP 100-1, Revision 63, dated April 1, 2021, 
may be incorporated.

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 engine surges during takeoff can result in significant loss of 
engine thrust or even engine shutdown and can occur on both engines at 
the same time. In addition, the compliance time for the required action 
is shorter than the time necessary for the public to comment and for 
publication of the final rule. 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

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0342; Project Identifier MCAI-
2020-01547-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
this final rule 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 agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission

[[Page 26369]]

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 AD. Submissions containing CBI should be 
sent to Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531; 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.

Interim Action

    The FAA considers this AD interim action. The engine manufacturer 
is in the process of developing new engine control software to address 
the problem of low altitude engine surges occurring under certain 
environmental conditions. Once this software is developed, approved, 
and available, the FAA might consider additional rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the 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 356 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          $30,260
----------------------------------------------------------------------------------------------------------------

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, 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:

2021-09-16 Bombardier, Inc.: Amendment 39-21530; Docket No. FAA-
2021-0342; Project Identifier MCAI-2020-01547-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 1, 
2021.

(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 20457 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic; 
73, Engine Fuel and Control.

(e) Reason

    This AD was prompted by a report of a number of low altitude 
engine surge incidents during takeoff. The FAA is issuing this AD to 
address engine surges during takeoff, which can result in 
significant loss of engine thrust or even engine shutdown and can 
occur on both engines at the same time.

(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 and applicable corresponding operational procedures to 
include the information in the ``Air Conditioning and 
Pressurization'' procedure in Section 02-04, ``Systems 
Limitations,'' of Chapter 02, ``LIMITATIONS''; and the ``Taxi and 
Before Takeoff'' procedure in Section 04-03 of Chapter 04, ``NORMAL 
PROCEDURES''; of the Bombardier Challenger 300 Airplane Flight 
Manual (Imperial Version), Publication No. CSP 100-1, Revision 63, 
dated April 1, 2021.

    Note 1 to paragraph (g):  For obtaining the procedures for 
Bombardier Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, use Document Identification No. CH 300 
AFM-I.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the information in Section 02-04, 
``Systems Limitations,'' of Chapter 02, ``LIMITATIONS''; and Section 
04-03 of Chapter 04, ``NORMAL PROCEDURES''; of any airplane flight 
manual specified in paragraphs (h)(1) through (3) of this AD.
    (1) Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, Revision 60, dated July 1, 2020.


[[Page 26370]]


    Note 2 to paragraph (h)(1):  For obtaining the procedures for 
Bombardier Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, use Document Identification No. CH 300 
AFM-I.

    (2) Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, Revision 61, dated September 25, 2020.
    (3) Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, Revision 62, dated December 22, 2020.

(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 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 
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) TCCA AD CF-2020-47, dated November 18, 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-2021-0342.
    (2) For more information about this AD, contact Jiwan 
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7300; 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) Section 02-04, ``Systems Limitations,'' of Chapter 02, 
``LIMITATIONS,'' of the Bombardier Challenger 300 Airplane Flight 
Manual (Imperial Version), Publication No. CSP 100-1, Revision 63, 
dated April 1, 2021.
    (ii) Section 04-03 of Chapter 04, ``NORMAL PROCEDURES,'' of the 
Bombardier Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, Revision 63, dated April 1, 2021.
    (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 telephone 1-
866-538-1247 or direct-dial telephone 1-514-855-2999; email 
ac.yul@aero.bombardier.com; internet https://www.bombardier.com.

    Note 2 to paragraph (j)(3):  For obtaining the procedures for 
Bombardier Challenger 300 Airplane Flight Manual (Imperial Version), 
Publication No. CSP 100-1, use Document Identification No. CH 300 
AFM-I.

    (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 April 23, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-10259 Filed 5-11-21; 4:15 pm]
BILLING CODE 4910-13-P


