[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Rules and Regulations]
[Pages 20394-20396]
[FR Doc No: 2020-07644]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0728; Product Identifier 2019-NM-071-AD; Amendment
39-19892; AD 2020-07-13]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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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 that during ALTS CAP or (V) ALTS CAP mode, the
flight guidance/autopilot does not account for engine failure while
capturing an altitude. This AD requires revising the existing airplane
flight manual (AFM) to provide the flightcrew with new warnings for
``Autoflight'' and ``Engine Failure in Climb During ALTS CAP.'' The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 18, 2020.

ADDRESSES: 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 phone: 1-866-
538-1247 or direct-dial phone: 1-514-855-2999; email:
<EMAIL_ADDRESS>internet: http://www.bombardier.com. 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<PHONE_NUMBER>. It is also
available on the internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2019-0728.

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-
0728; 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, the regulatory evaluation, 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 Services Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-12, dated April 3,
2019 (``Canadian AD CF-2019-12'') (also referred to 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 in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0728.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The NPRM published in the Federal
Register on November 6, 2019 (84 FR 59739). The NPRM was prompted by a
report that during ALTS CAP or (V) ALTS CAP mode, the flight guidance/
autopilot does not account for engine failure while capturing an
altitude. The NPRM proposed to require revising the existing AFM to
provide the flightcrew with new warnings for ``Autoflight'' and
``Engine Failure in Climb During ALTS CAP.'' The FAA is issuing this AD
to address the occurrence of an engine failure during or before a climb
while in ALTS CAP or (V) ALTS CAP mode, as it could cause the airspeed
to drop significantly below the safe operating speed and may require
flightcrew intervention to maintain a safe operating speed. See the

MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to that comment.

Request for Clarification of Intent of the Required Actions

    NetJets asked if the FAA's intent is to require operators to
request approval of an alternative method of compliance (AMOC) each
time the AFM is revised. NetJets then requested that if the intent is
to require approval of an AMOC each time the AFM is revised, to
decrease the number of AMOCs necessary, the FAA specifically refer to
Revision 19 of Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM. NetJets noted that paragraph (g) of the
proposed AD refers to Revision 21 of Bombardier Challenger 350 Airplane
Flight Manual, Publication No. CH 350 AFM, but pointed out that the
ALTS CAP warning was introduced in Revision 19 of Bombardier Challenger
350 Airplane Flight Manual, Publication No. CH 350 AFM. NetJets also
pointed out that the current revision of Bombardier Challenger 350
Airplane Flight Manual, Publication No. CH 350 AFM is Revision 23.
    The FAA agrees to clarify the intent of the AD requirement. The FAA
has determined that it is appropriate to match the documents referenced
in the MCAI, and has therefore revised this AD to refer to those
documents: Bombardier Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 53, dated September 5, 2018; and
Bombardier Challenger 350 Airplane Flight Manual, Publication No. CH
350 AFM, Revision 19, dated September 5, 2018. The information
contained in these revisions is the same as that in the later revisions
that were referenced in the NPRM. This AD requires including the
information that is provided in the referenced AFM revisions. However,
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.

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 with the change described previously
and 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.
    The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which
provides new warnings for the ``Autoflight'' procedure in Section 02-
04, ``Systems Limitations,'' of the LIMITATIONS section; and ``Engine
Failure in Climb During ALTS CAP,'' procedure in Section 03-32,
``Powerplant,'' of the EMERGENCY PROCEDURES section; of the applicable
AFM.
     Bombardier Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 53, dated September 5, 2018.
     Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018.
    These documents are distinct since they apply to different airplane
models in different configurations. 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 252 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          $21,420
----------------------------------------------------------------------------------------------------------------

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

    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.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2020-07-13 Bombardier, Inc.: Amendment 39-19892; Docket No. FAA-
2019-0728; Product Identifier 2019-NM-071-AD.

(a) Effective Date

    This AD is effective May 18, 2020.

(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 20500 inclusive and 20501 through 20752 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto flight.

(e) Reason

    This AD was prompted by a report that during ``ALTS CAP'' or
``(V) ALTS CAP'' mode, the flight guidance/autopilot does not
account for engine failure while capturing an altitude. The FAA is
issuing this AD to address the occurrence of an engine failure
during or before a climb while in ALTS CAP or (V) ALTS CAP mode, as
it could cause the airspeed to drop significantly below the safe
operating speed and may require prompt flightcrew intervention to
maintain a safe operating speed.

(f) Compliance

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

(g) Revision of the Existing Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the
existing AFM to include the information in the ``Autoflight''
procedure in Section 02-04, ``System Limitations,'' of the
LIMITATIONS section, and ``Engine Failure in Climb During ALTS
CAP,'' procedure in Section 03-32, ``Powerplant,'' of the EMERGENCY
PROCEDURES section; of the Bombardier Challenger 300 Airplane Flight
Manual, Publication No. CSP 100-1, Revision 53, dated September 5,
2018 (for airplanes having serial numbers 20003 through 20500
inclusive); or the Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018
(for airplanes having serial numbers 20501 through 20752 inclusive).

(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; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. 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 corrective actions from a manufacturer, the action 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-2019-12, dated April 3, 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-2019-0728.
    (2) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:<PHONE_NUMBER>; fax: 516-794-
5531; email<EMAIL_ADDRESS>
(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 Challenger 300 Airplane Flight Manual,
Publication No. CSP 100-1, Revision 53, dated September 5, 2018.
    (A) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section.
    (B) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section.
    (ii) Bombardier Challenger 350 Airplane Flight Manual,
Publication No. CH 350 AFM, Revision 19, dated September 5, 2018.
    (A) Section 02-04, ``Systems Limitations,'' of the LIMITATIONS
section.
    (B) Section 03-32, ``Powerplant,'' of the EMERGENCY PROCEDURES
section.
    (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 phone: 1-866-
538-1247 or direct-dial phone: 1-514-855-2999; email:
<EMAIL_ADDRESS>internet: http://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_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 3, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-07644 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87109-87111]
[FR Doc No: 2016-28926]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79403; File No. SR-BatsEDGX-2016-65]

Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To Make
a Ministerial Change to Exchange Rules 11.8, 11.14, and 11.22

November 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 17, 2016, Bats EDGX Exchange, Inc. (the ``Exchange''
or ``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to make a ministerial change to
Exchange Rules 11.8(d)(5), 11.14(g)(4), and 11.22(a)(7)(A)(i)(2) in
order to remove erroneous and irrelevant rule text as well as correct a
typographical error.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements

concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to make a ministerial change to Exchange
Rules 11.8(d)(5) 11.14(g)(4), and 11.22(a)(7)(A)(i)(2) in order to
remove erroneous and irrelevant rule text as well as correct a
typographical error. First, the Exchange proposes to amend Rule
11.8(d)(5) remove an erroneous reference to the RMPT routing option.
The Exchange notes that it does not offer the RMPT routing option, nor
is such routing option currently described in its rules.\5\ Second, the
Exchange proposes to remove an erroneous reference to Rule 11.12 within
Rule 11.14(g)(4). The Exchange notes that it previously revised Chapter
XI of its rules, including the renumbering of current Rule 11.14,
Limitation of Liability, which was previously Rule 11.12.\6\ However,
it failed at that time to update the rule reference within Rule
11.14(g)(4) from 11.12 to 11.14. The Exchange now proposes to delete
this erroneous rule reference within Rule 11.14(g)(4) as reference to
rule is not integral or necessary to the meaning or application of Rule
11.14 generally. Lastly, the Exchange proposes to amend Rule
11.22(a)(7)(A)(i)(2) to correct a typographical error by replacing the
phrase ``one of more'' with ``one or more''.
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    \5\ The Exchange notes that the reference to RMPT was
erroneously added in a previous rule filing. See Securities Exchange
Act Release No. 75479 (July 17, 2015), 80 FR 43810 (July 23, 2015)
(SR-EDGX-2015-33).
    \6\ See Securities Exchange Act Release No. 72676 (July 25,
2014), 79 FR 44519 (July 31, 2014) (SR-EDGX-2014-18).
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest.
The Exchange believes the proposed changes to Exchange Rules
11.8(d)(5), 11.14(g)(4), and 11.22(a)(7)(A)(i)(2) removing erroneous
and irrelevant rule text as well as correcting a typographical error
will provide clarity to the Exchange's rules and avoid potential
investor confusion. The Exchange notes that neither change alters the
meaning or application of each rule. As such, the proposed amendments
would foster cooperation and coordination with persons engaged in
facilitating transactions in securities and would remove impediments to
and perfect the mechanism of a free and open market and a national
market system.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. On the contrary, the
proposed rule change will have no impact on competition as it is simply
removes erroneous and irrelevant rule text while not altering the
meaning or application of each rule.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(a)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) of the Act \11\ to determine whether the proposed
rule change should be approved or disapproved.
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    \11\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsEDGX-2016-65 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BatsEDGX-2016-65. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for

inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsEDGX-2016-65, and should
be submitted on or before December 23, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-28926 Filed 12-1-16; 8:45 am]
 BILLING CODE 8011-01-P