[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 [email protected]; 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 [email protected].
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
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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
[email protected].
(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 [email protected]; 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 [email protected], 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