Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 60900-60904 [2020-21411]

Download as PDF Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations (h) Installation Prohibition After the effective date of this AD, do not install the affected HPT rotor stage 2 disks or the stages 6–10 compressor rotor spool identified in Table 1 to paragraph (g) of this AD on an engine. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO 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 the attention of the person identified in paragraph (j) of this AD. You may email your request to: ANE-AD-AMOC@ faa.gov. (2) 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. jbell on DSKJLSW7X2PROD with RULES (j) Related Information For more information about this AD, contact Mehdi Lamnyi, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238– 7743; fax: 781–238–7199; email: Mehdi.Lamnyi@faa.gov. (k) Material Incorporated by Reference None. VerDate Sep<11>2014 15:52 Sep 28, 2020 Jkt 250001 Issued on September 24, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. Federal Aviation Administration certain airplanes have outdated magnetic variation (MV) tables inside navigation systems. This AD requires revising the existing airplane flight manual (AFM) to update the Flight Management System (FMS), Inertial Reference System (IRS), and Attitude and Heading Reference System (AHRS) limitations. The FAA is issuing this AD to address the unsafe condition on these products. 14 CFR Part 39 DATES: [FR Doc. 2020–21450 Filed 9–28–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION [Docket No. FAA–2020–0206; Product Identifier 2019–NM–202–AD; Amendment 39–21220; AD 2020–17–15] RIN 2120–AA64 Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) 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. This AD was prompted by a determination that SUMMARY: PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 This AD is effective November 3, 2020. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of November 3, 2020. For service information identified in this final rule, contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Que´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 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–2020–0206. ADDRESSES: E:\FR\FM\29SER1.SGM 29SER1 ER29SE20.075</GPH> 60900 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations 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–2020– 0206; 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: 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 9-avs-nyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: AFM to update the FMS, IRS, and AHRS limitations. The FAA is issuing this AD to address outdated MV tables inside navigation systems, which can affect the performance of the navigation systems and result in the presentation of misleading magnetic heading references on the Primary Flight Displays (PFDs) and Multi-Function Displays (MFDs), positioning the airplane outside of the terrain and obstacle protection provided by instrument flight procedures and flight route designs (e.g., outdated MV tables can lead to significantly inaccurate heading, course, and bearing calculations). See the MCAI for additional background information. Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF–2019–40, dated November 1, 2019 (‘‘Canadian AD CF–2019–40’’) (also referred to as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for all MHI RJ Aviation ULC (type certificate previously held by Bombardier, Inc.) 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–2020– 0206. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to 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. The NPRM published in the Federal Register on March 26, 2020 (85 FR 17036). The NPRM was prompted by a determination that certain airplanes have outdated MV tables inside navigation systems. The NPRM proposed to require revising the existing Support for the NPRM VerDate Sep<11>2014 15:52 Sep 28, 2020 Jkt 250001 Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. The Airline Pilots Association, International stated its support for the NPRM. Request To Refer to the Latest Service Information Bombardier requested that the FAA refer to the latest service information in the NPRM. Bombardier noted that the proposed rule does not refer to the latest AFM revisions, but acknowledged that the proposed rule does refer to the AFM revisions that introduced changes to the MV tables in the limitations sections of the AFMs. Bombardier listed the current AFM revisions as of the time the comment was submitted. The FAA does not agree. This AD does not directly mandate incorporating a specific revision level of the corresponding AFMs, but does require incorporating the information provided in the referenced AFM revisions in paragraph (g) of this AD. The language in paragraph (g) of this AD is designed to allow the incorporation of this information to be accomplished independent of the revision level of the AFM, under the condition that the incorporated information is identical to the information that is provided in the referenced AFM revisions specific in paragraph (g) of this AD. The FAA notes that when this comment was submitted, the information provided by the revisions of the AFMs listed by the commenter was identical to the information provided in the referenced AFM revisions in paragraph (g) of this AD. The FAA has not changed the AD in this regard. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 60901 Conclusion The FAA reviewed the relevant data, considered the comments 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 updating, among other systems, the FMS, IRS, and AHRS. These documents are distinct since they apply to different airplane models. • Section 02–09—Navigation System 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 71A, dated April 26, 2019. • Section 02–09—Navigation System Limitations, of Chapter 2— LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2C10 (Series 700, 701, 702) Airplane Flight Manual, CSP B–012, Revision 26, dated March 1, 2019. • Section 02–09—Navigation System Limitations, of Chapter 2— LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2C10 (Series 700, 701, 702) and CL–600–2C11 (Series 550) Airplane Flight Manual, CSP B–012, Revision 28, dated September 18, 2019. • Section 02–09—Navigation System Limitations, of Chapter 2— LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2D24 (Series 900) and CL–600–2D15 (Series 705) Airplane Flight Manual, CSP C–012, Volume 1, Revision 21, dated March 29, 2019. • Section 02–09—Navigation System Limitations, of Chapter 2— LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2E25 (Series 1000) Airplane Flight Manual, CSP D–012, Revision 21, dated February 15, 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. Costs of Compliance The FAA estimates that this AD affects 1,072 airplanes of U.S. registry. E:\FR\FM\29SER1.SGM 29SER1 60902 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $91,120 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. jbell on DSKJLSW7X2PROD with RULES 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 15:52 Sep 28, 2020 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Jkt 250001 Bombardier, Inc.) 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, certificated in any category, all serial numbers. (d) Subject Air Transport Association (ATA) of America Code 34, Navigation. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): (e) Reason This AD was prompted by a determination that certain airplanes have outdated magnetic variation (MV) tables inside navigation systems. The FAA is issuing this AD to address outdated MV tables inside navigation systems, which can affect the performance of the navigation systems and result in the presentation of misleading magnetic heading references on the Primary Flight Displays (PFDs) and Multi-Function Displays (MFDs), positioning the airplane outside of the terrain and obstacle protection provided by instrument flight procedures and flight route designs (e.g., outdated MV tables can lead to significantly inaccurate heading, course, and bearing calculations). 2020–17–15 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.): Amendment 39– 21220; Docket No. FAA–2020–0206; Product Identifier 2019–NM–202–AD. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (a) Effective Date This AD is effective November 3, 2020. (g) Airplane Flight Manual (AFM) Revision Within 30 days after the effective date of this AD, revise the existing AFM to incorporate the information specified in Section 02–09—Navigation System Limitations, of Chapter 2—LIMITATIONS, of the applicable Bombardier CRJ Series Regional Jet AFM specified in figure 1 to paragraph (g) of this AD. PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] ■ Regulatory Findings VerDate Sep<11>2014 (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. (b) Affected ADs None. (c) Applicability This AD applies to MHI RJ Aviation ULC (type certificate previously held by PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\29SER1.SGM 29SER1 (h) Other FAA AD Provisions (i) Related Information 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 MHI RJ Aviation ULC’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF–2019–40, dated November 1, 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–2020–0206. (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 9-avs-nyaco-cos@faa.gov. VerDate Sep<11>2014 15:52 Sep 28, 2020 Jkt 250001 (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) Section 02–09—Navigation System 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 71A, dated April 26, 2019. (ii) Section 02–09—Navigation System Limitations, of Chapter 2—LIMITATIONS, of PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 60903 the Bombardier CRJ Series Regional Jet Model CL–600–2C10 (Series 700, 701, 702) Airplane Flight Manual, CSP B–012, Revision 26, dated March 1, 2019. Note 1 to paragraph (j)(2)(ii): Page 02–09– 1 of this document is identified as Revision 22, dated September 15, 2017. (iii) Section 02–09—Navigation System Limitations, of Chapter 2—LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2C10 (Series 700, 701, 702) and CL–600–2C11 (Series 550) Airplane Flight Manual, CSP B–012, Revision 28, dated September 18, 2019. Note 2 to paragraph (j)(2)(iii): Page 02–09– 1 of this document is identified as Revision 22, dated September 15, 2017. (iv) Section 02–09—Navigation System Limitations, of Chapter 2—LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2D24 (Series 900) and CL– 600–2D15 (Series 705) Airplane Flight Manual, CSP C–012, Volume 1, Revision 21, dated March 29, 2019. Note 3 to paragraph (j)(2)(iv): Page 02–09– 1 of this document is identified as Revision 17, dated October 13, 2017. (v) Section 02–09—Navigation System Limitations, of Chapter 2—LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL–600–2E25 (Series 1000) Airplane Flight Manual, CSP D–012, Revision 21, dated February 15, 2019. E:\FR\FM\29SER1.SGM 29SER1 ER29SE20.032</GPH> jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations 60904 Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Rules and Regulations Note 4 to paragraph (j)(2)(v): Page 02–09– 1 of this document is identified as Revision 17, dated June 16, 2017. (3) For service information identified in this AD, contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Que´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/ibrlocations.html. Issued on August 14, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–21411 Filed 9–28–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE National Institutes of Standards and Technology [Docket No.: 200813–0217] RIN 0693–AB65 Guidance on Federal Conformity Assessment Activities National Institute of Standards and Technology (NIST), United States Department of Commerce. ACTION: Final rule. AGENCY: The National Institute of Standards and Technology (NIST) announces revisions to regulations updating guidance on Federal agency use of conformity assessment that reflects advancement in conformity assessment concepts, and the evolution in Federal agency strategies and coordination in using and relying on conformity assessment. The provisions are solely intended to be used as guidance for agencies in their use and reliance on conformity assessment to meet agency requirements and do not preempt the agency authority and responsibility to make decisions authorized by statute or required in establishing regulatory, procurement, or programmatic activities. jbell on DSKJLSW7X2PROD with RULES VerDate Sep<11>2014 15:52 Sep 28, 2020 Jkt 250001 This rule is effective October 29, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Gordon Gillerman via email at 15CFR287@nist.gov, or by phone at (301) 975–4000. SUPPLEMENTARY INFORMATION: I. Purpose of This Guidance The guidance outlines Federal agencies’ responsibilities for using conformity assessment to meet respective agency requirements in an efficient and cost-effective manner for the agency and its stakeholders. To reduce unnecessary complexity and make productive use of Federal resources, this guidance emphasizes that agencies should consider coordinating conformity assessment activities with those of other appropriate government agencies (Federal, State, and local) and with those in the private sector. This guidance does not preempt agency authority and responsibility to make decisions authorized by statute or required in establishing regulatory, procurement, or program activities. This guidance also does not preempt agency authority and responsibility in determining or implementing procurement, regulatory, or programmatic requirements. II. Background 15 CFR Part 287 SUMMARY: DATES: Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 directs NIST to ‘‘coordinate technical standards activities and conformity assessment activities of Federal, State, and local governments with private sector technical standards activities and conformity assessment activities, with the goal of eliminating unnecessary duplication and complexity in the development and promulgation of conformity assessment requirements and measures’’ (15 U.S.C. 272(b)(13)). NIST originally issued the guidance found in 15 CFR part 287 (this Guidance) on August 10, 2000, in response to Office of Management and Budget (OMB) Circular A–119 (February 10, 1998) directing the Secretary of Commerce to issue guidance to Federal agencies to ensure effective coordination of Federal conformity assessment activities (65 FR 48894). The January 2016 revision to OMB Circular A–119 re-emphasizes NIST’s role in issuing guidance to agencies as well as Federal agencies responsibilities with respect to conformity assessment. NIST is revising this guidance to reflect progression in conformity assessment concepts and evolution in Federal PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 agency strategies and coordination in using and relying on conformity assessment. This guidance is one of several activities undertaken by the NIST Standards Coordination Office to update its guidance, training, and other artifacts that help agencies develop and use conformity assessment. As a first activity, NIST provided significant input to the conformity assessment related policies of OMB Circular A–119. NIST released two NIST Special Publications (SPs) in September 2018. NIST SP 2000–01, ABCs of Conformity Assessment, serves as a primer for the topic of conformity assessment, and NIST SP 2000–02, Conformity Assessment Considerations for Federal Agencies, provides agencies with a path to follow in considering the development, use or improvement of conformity assessment to meet their requirements. The revisions to 15 CFR part 287 represent NIST’s most recent effort to provide Federal agencies with up-to-date tools for effective use of conformity assessment. Summary of Changes Between the Proposed Rule and Final Rule On February 7, 2020, NIST published a notice of proposed rulemaking (NPRM) in the Federal Register (85 FR 7258) requesting public comments on proposed revisions to regulations updating policy guidance on Federal agency use of conformity assessment that reflects advancement in conformity assessment concepts, and the evolution in Federal agency strategies and coordination in using and relying on conformity assessment. Nine (9) entities submitted comments, including two (2) accreditation bodies, one (1) conformity assessment body, two (2) individuals, three (3) industry associations, and one (1) regional government. The following is a summary and analysis of the comments received during the public comment period, and NIST’s responses including the recommendations and issues considered in the development of the CFR. 1. Comment: Commenters indicated that definitions should be updated to include new terminology and definitions for state agency, local agency, state standards executive, and local standards executive. In addition, commenters indicated changes to the definition of conformity assessment were necessary to ensure consistency between NIST conformity assessment publications and this guidance. Response: NIST agrees with the need for consistency of definitions and has aligned the definitions in 15 CFR 287.2, Definitions, with those in OMB Circular E:\FR\FM\29SER1.SGM 29SER1

Agencies

[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Rules and Regulations]
[Pages 60900-60904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21411]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0206; Product Identifier 2019-NM-202-AD; Amendment 
39-21220; AD 2020-17-15]
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.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) 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. This AD was prompted by a determination that certain 
airplanes have outdated magnetic variation (MV) tables inside 
navigation systems. This AD requires revising the existing airplane 
flight manual (AFM) to update the Flight Management System (FMS), 
Inertial Reference System (IRS), and Attitude and Heading Reference 
System (AHRS) limitations. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective November 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 3, 
2020.

ADDRESSES: For 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 [email protected]; internet 
https://mhirj.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. It is also available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-0206.

[[Page 60901]]

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-2020-
0206; 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: 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-2019-40, dated November 
1, 2019 (``Canadian AD CF-2019-40'') (also referred to as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for all MHI RJ Aviation ULC (type certificate 
previously held by Bombardier, Inc.) 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-2020-0206.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to 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. The 
NPRM published in the Federal Register on March 26, 2020 (85 FR 17036). 
The NPRM was prompted by a determination that certain airplanes have 
outdated MV tables inside navigation systems. The NPRM proposed to 
require revising the existing AFM to update the FMS, IRS, and AHRS 
limitations. The FAA is issuing this AD to address outdated MV tables 
inside navigation systems, which can affect the performance of the 
navigation systems and result in the presentation of misleading 
magnetic heading references on the Primary Flight Displays (PFDs) and 
Multi-Function Displays (MFDs), positioning the airplane outside of the 
terrain and obstacle protection provided by instrument flight 
procedures and flight route designs (e.g., outdated MV tables can lead 
to significantly inaccurate heading, course, and bearing calculations). 
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 comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Airline Pilots Association, International stated its support 
for the NPRM.

Request To Refer to the Latest Service Information

    Bombardier requested that the FAA refer to the latest service 
information in the NPRM. Bombardier noted that the proposed rule does 
not refer to the latest AFM revisions, but acknowledged that the 
proposed rule does refer to the AFM revisions that introduced changes 
to the MV tables in the limitations sections of the AFMs. Bombardier 
listed the current AFM revisions as of the time the comment was 
submitted.
    The FAA does not agree. This AD does not directly mandate 
incorporating a specific revision level of the corresponding AFMs, but 
does require incorporating the information provided in the referenced 
AFM revisions in paragraph (g) of this AD. The language in paragraph 
(g) of this AD is designed to allow the incorporation of this 
information to be accomplished independent of the revision level of the 
AFM, under the condition that the incorporated information is identical 
to the information that is provided in the referenced AFM revisions 
specific in paragraph (g) of this AD. The FAA notes that when this 
comment was submitted, the information provided by the revisions of the 
AFMs listed by the commenter was identical to the information provided 
in the referenced AFM revisions in paragraph (g) of this AD. The FAA 
has not changed the AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
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 updating, among other systems, the FMS, IRS, 
and AHRS. These documents are distinct since they apply to different 
airplane models.
     Section 02-09--Navigation System 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 71A, dated 
April 26, 2019.
     Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-600-
2C10 (Series 700, 701, 702) Airplane Flight Manual, CSP B-012, Revision 
26, dated March 1, 2019.
     Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-600-
2C10 (Series 700, 701, 702) and CL-600-2C11 (Series 550) Airplane 
Flight Manual, CSP B-012, Revision 28, dated September 18, 2019.
     Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-600-
2D24 (Series 900) and CL-600-2D15 (Series 705) Airplane Flight Manual, 
CSP C-012, Volume 1, Revision 21, dated March 29, 2019.
     Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-600-
2E25 (Series 1000) Airplane Flight Manual, CSP D-012, Revision 21, 
dated February 15, 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.

Costs of Compliance

    The FAA estimates that this AD affects 1,072 airplanes of U.S. 
registry.

[[Page 60902]]

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          $91,120
----------------------------------------------------------------------------------------------------------------

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):

2020-17-15 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-21220; Docket No. FAA-2020-0206; 
Product Identifier 2019-NM-202-AD.

(a) Effective Date

    This AD is effective November 3, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (type certificate 
previously held by Bombardier, Inc.) 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, certificated in any category, 
all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by a determination that certain airplanes 
have outdated magnetic variation (MV) tables inside navigation 
systems. The FAA is issuing this AD to address outdated MV tables 
inside navigation systems, which can affect the performance of the 
navigation systems and result in the presentation of misleading 
magnetic heading references on the Primary Flight Displays (PFDs) 
and Multi-Function Displays (MFDs), positioning the airplane outside 
of the terrain and obstacle protection provided by instrument flight 
procedures and flight route designs (e.g., outdated MV tables can 
lead to significantly inaccurate heading, course, and bearing 
calculations).

(f) Compliance

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

(g) Airplane Flight Manual (AFM) Revision

    Within 30 days after the effective date of this AD, revise the 
existing AFM to incorporate the information specified in Section 02-
09--Navigation System Limitations, of Chapter 2--LIMITATIONS, of the 
applicable Bombardier CRJ Series Regional Jet AFM specified in 
figure 1 to paragraph (g) of this AD.

[[Page 60903]]

[GRAPHIC] [TIFF OMITTED] TR29SE20.032

(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 MHI RJ 
Aviation ULC'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-2019-40, dated November 1, 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-2020-0206.
    (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) Section 02-09--Navigation System 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 71A, 
dated April 26, 2019.
    (ii) Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-
600-2C10 (Series 700, 701, 702) Airplane Flight Manual, CSP B-012, 
Revision 26, dated March 1, 2019.

    Note 1 to paragraph (j)(2)(ii):  Page 02-09-1 of this document 
is identified as Revision 22, dated September 15, 2017.

    (iii) Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-
600-2C10 (Series 700, 701, 702) and CL-600-2C11 (Series 550) 
Airplane Flight Manual, CSP B-012, Revision 28, dated September 18, 
2019.

    Note 2 to paragraph (j)(2)(iii):  Page 02-09-1 of this document 
is identified as Revision 22, dated September 15, 2017.

    (iv) Section 02-09--Navigation System Limitations, of Chapter 
2--LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-
600-2D24 (Series 900) and CL-600-2D15 (Series 705) Airplane Flight 
Manual, CSP C-012, Volume 1, Revision 21, dated March 29, 2019.

    Note 3 to paragraph (j)(2)(iv):  Page 02-09-1 of this document 
is identified as Revision 17, dated October 13, 2017.

    (v) Section 02-09--Navigation System Limitations, of Chapter 2--
LIMITATIONS, of the Bombardier CRJ Series Regional Jet Model CL-600-
2E25 (Series 1000) Airplane Flight Manual, CSP D-012, Revision 21, 
dated February 15, 2019.


[[Page 60904]]


    Note 4 to paragraph (j)(2)(v):  Page 02-09-1 of this document is 
identified as Revision 17, dated June 16, 2017.

    (3) For 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 [email protected]; 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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 14, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-21411 Filed 9-28-20; 8:45 am]
BILLING CODE 4910-13-P