[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Proposed Rules]
[Pages 51279-51284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19814]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 86, No. 176 / Wednesday, September 15, 2021 / 
Proposed Rules  

[[Page 51279]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0787; Project Identifier MCAI-2021-00252-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
This proposed AD was prompted by a report of a wing stall (wing drop/
un-commanded roll) during a landing flare. This proposed AD would 
require revising the existing airplane flight manual (AFM) to 
incorporate a limitation and procedure for the wing anti-ice (WAI) 
system in order to mitigate the risk of ice accumulation on the wing 
leading edges. 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 November 1, 
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 NPRM, 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 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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0787; 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: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services 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:

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-2021-0787; Project Identifier 
MCAI-2021-00252-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 agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

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 
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and 
Administrative Services 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 that is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-06, dated February 26, 
2021 (TCCA AD CF-2021-06) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for certain Bombardier, Inc., Model CL-600-1A11 (600), 
CL-600-2A12 (601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) 
airplanes. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0787.
    This proposed AD was prompted by a report of a wing stall (wing 
drop/un-commanded roll) during a landing flare. Photographs after 
landing showed that the airplane had mixed ice on the leading edges of 
the wings; therefore, it was determined that during descent the

[[Page 51280]]

WAI system had been OFF because the ice detector did not detect ice. 
Post-incident functional checks of the ice detectors revealed no faults 
with the ice detector units onboard the aircraft. After the 
investigation, it was revealed that the flightcrew had followed the AFM 
procedures, which did not require the WAI system to be selected ON. The 
FAA is proposing this AD to address ice accumulation on the wing 
leading edges, which could result in a wing stall during landing and 
consequent reduced controllability 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 
specifies a revised AFM limitation and procedure for the WAI system in 
order to mitigate the risk of ice accumulation on the wing leading 
edge. These documents are distinct since they apply to different 
airplane configurations.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATION 
LIMITATIONS, of the LIMITATIONS section; and sub-section C., Icing 
Conditions During Flight, of Chapter 3., SYSTEMS OPERATIONS--ANTI-ICE, 
and sub-section I., Before Landing, of Chapter 42., CONSOLIDATED CHECK 
LIST, of NORMAL PROCEDURES section; of Canadair Challenger CL-600-1A11 
AFM, Product Publication 600, Revision 114, dated April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 4., OPERATION 
LIMITATIONS, of the LIMITATIONS section; and sub-section C., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
and sub-section I., Before Landing, of Chapter 23., CONSOLIDATED CHECK 
LIST, of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-
1A11 AFM, Product Support Publication (PSP) 600-1, Revision 106, dated 
April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATING 
LIMITATIONS, of the LIMITATIONS section; and sub-section E., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-2A12 
AFM, PSP 601-1A, Revision 123, dated April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATING 
LIMITATIONS, of the LIMITATIONS section; and sub-section E., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-2A12 
AFM, PSP 601-1A-1, Revision 82, dated April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATING 
LIMITATIONS, of the LIMITATIONS section; and sub-section E., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-2A12 
AFM, PSP 601-1B, Revision 86, dated April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATING 
LIMITATIONS, of the LIMITATIONS section; and sub-section E., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-2A12 
AFM, PSP 601-1B-1, Revision 84, dated April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATING 
LIMITATIONS, of the LIMITATIONS section; and sub-section E., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-2B16 
AFM, PSP 601A-1, Revision 106, dated April 16, 2020.
     Sub-sub section (2), Wing Anti-ice System, of sub-section 
I., Operation in Icing Conditions, of Chapter 3., OPERATING 
LIMITATIONS, of the LIMITATIONS section; and sub-section E., Icing 
Conditions During Flight, of Chapter 4., SYSTEMS OPERATIONS--ANTI-ICE, 
of the NORMAL PROCEDURES section; of Canadair Challenger CL-600-2B16 
AFM, PSP 601A-1-1, Revision 95, dated April 16, 2020.
     Sub-sub section B., Wing Anti-ice System, of sub-section 
4., Operation in Icing Conditions, of Section 02-04, Operating 
Limitations, of Chapter 2--LIMITATIONS; and sub-section M., Icing 
Conditions During Flight, of Section 04-14, Ice and Rain Protection, of 
Chapter 4--NORMAL PROCEDURES; of Bombardier Challenger 604 CL-600-2B16 
AFM, PSP 604-1, Revision 116, dated December 18, 2019.
     Sub-sub section B., Wing Anti-ice System, of sub-section 
4., Operation in Icing Conditions, of Section 02-04, Operating 
Limitations, of Chapter 2--LIMITATIONS; and sub-section M., Icing 
Conditions During Flight, of Section 04-14, Ice and Rain Protection, of 
Chapter 4--NORMAL PROCEDURES; of Bombardier Challenger 605 CL-600-2B16 
AFM, PSP 605-1, Revision 54, dated December 18, 2019.
     Sub-sub section B., Wing Anti-ice System, of sub-section 
4., Operation in Icing Conditions, of Section 02-04, Operating 
Limitations, of Chapter 2--LIMITATIONS; and sub-section M., Icing 
Conditions During Flight, of Section 04-14, Ice and Rain Protection, of 
Chapter 4--NORMAL PROCEDURES; of Bombardier Challenger 650 CL-600-2B16 
AFM, PSP 650-1, Revision 19, dated December 18, 2019.
    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 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 AD Requirements in This NPRM

    This proposed AD would require revising the existing AFM to 
incorporate the limitations and procedures for the WAI system described 
previously, in order to mitigate the risk of ice accumulation on the 
wing leading edges, except as discussed under ``Differences Between 
this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    This NPRM updates certain AFM revision levels identified in TCCA AD 
CF-2021-06, and therefore identifies the complete, most recent service 
information that will be incorporated by reference in the final rule.

[[Page 51281]]

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 619 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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          $52,615
----------------------------------------------------------------------------------------------------------------

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 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 adding the following new airworthiness 
directive:

Bombardier, Inc.: Docket No. FAA-2021-0787; Project Identifier MCAI-
2021-00252-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 1, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in 
any category, as identified in paragraphs (c)(1) through (3) of this 
AD.
    (1) Model CL-600-1A11 (600) airplanes having serial numbers (S/
Ns) 1001 through 1085 inclusive.
    (2) Model CL-600-2A12 (601) airplanes having S/Ns 3001 through 
3066 inclusive.
    (3) Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) 
airplanes having S/Ns 5001 through 5194 inclusive; 5301 through 5665 
inclusive; 5701 through 5988 inclusive; and 6050 through 6153 
inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of a wing stall during a 
landing flare. Photographs after landing showed that the airplane 
had mixed ice on the leading edges of the wings; therefore, it was 
determined that during descent the wing anti-ice (WAI) system had 
been OFF because the ice detector did not detect ice. The FAA is 
issuing this AD to address ice accumulation on the wing leading 
edges, which could result in a wing stall during landing and 
consequent reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Airplane Flight Manual (AFM) Revision

    Within 60 days after the effective date of this AD: Revise the 
existing AFM to incorporate the specified sections of the Bombardier 
or Canadair Challenger AFM revision limitations and procedures for 
the WAI system specified in figure 1 to paragraph (g) of this AD.
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(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 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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-06, dated February 26, 2021, for related 
information. This MCAI may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0787.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
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) 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. 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 September 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-19814 Filed 9-14-21; 8:45 am]
BILLING CODE 4910-13-C


