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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1034; Project Identifier MCAI-2020-00951-T;
Amendment 39-21483; AD 2021-07-06]
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 CL-600-2B16 (601-3A, 601-3R, and 604
Variants) airplanes. This AD was prompted by a determination that
certain airplanes have outdated magnetic variation (MagVar) tables
inside navigation systems. This AD requires revising the existing
airplane flight manual (AFM) to update the Flight Management System
(FMS) and Inertial Reference System (IRS) limitations. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective May 11, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 11, 2021.
ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 200 Cote-Vertu Road West, Dorval,
Quebec 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. It is also available on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2020-1034.
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-
1034; 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: Steven Dzierzynski, Aerospace
Engineer, Avionics and Electrical Systems Services Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7367; fax: 516-794-5531; email: 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-24, dated July 10,
2020 (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-600-2B16 (601-3A, 601-3R, and
604 Variants) 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-2020-1034.
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 CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes.
The NPRM published in the Federal Register on November 27, 2020 (85 FR
75966). The NPRM was prompted by a determination that certain airplanes
have outdated MagVar tables inside navigation systems. The NPRM
proposed to require revising the existing AFM to update the FMS and IRS
limitations. The FAA is issuing this AD to address outdated MagVar
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 MagVar 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 comment received
on the NPRM and the FAA's response.
Request To Update Calibration of the Navigational Aids
Bombardier asked that the FAA update calibration of the required
navigational aids at key ground stations, which would then fully
address this potential unsafe condition. Bombardier stated that
adherence to the proposed AD only addresses the outdated magnetic
variation tables of affected airplane navigation systems; however, it
does not guarantee a complete mitigation of the unsafe condition due to
the larger issue of outdated calibration of the required navigational
aids.
We acknowledge the commenter's concern. However, ADs are legally
enforceable rules that only address unsafe conditions on products, such
as airplanes, and cannot apply to navigational aids at ground stations.
This concern may be addressed by contacting the Navigation Program
Manager at the FAA Air Traffic Organization, internet: https://www.faa.gov/about/office_org/headquarters_offices/ato/service_
units/techops/navservices/contact/. We have not changed this AD in this
regard.
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 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
provides procedures for updating, among other systems, the FMS and IRS
of the applicable AFM. These documents are distinct since they apply to
different airplane configurations.
Section 02-09, Navigation Systems Limitations, of Chapter
2--LIMITATIONS, of the Bombardier Challenger CL-604 AFM, PSP 604-1,
Revision 116, dated December 18, 2019.
Section 02-09, Navigation Systems Limitations, of Chapter
2--LIMITATIONS, Bombardier Challenger CL-605 AFM, PSP 605-1, Revision
54, 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.
Costs of Compliance
The FAA estimates that this AD affects 39 airplanes of U.S.
registry. 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 x $85 per hour =
$85 |
$0
|
$85
|
$3,315
|
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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