[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10753-10767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03565]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0691; Product Identifier 2020-NM-064-AD; Amendment 
39-21377; AD 2021-01-01]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes. This AD was prompted by evidence that a revised 
structural life limit of some components of the nose landing gear (NLG) 
and/or main landing gear (MLG) was not implemented during repair. This 
AD requires verifying that the affected components are installed on the 
airplane, revising the structural life limits in the existing 
structural deviation inspection requirements (SDIR) airplane document, 
and replacing affected components if necessary. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2021.

ADDRESSES: For service information identified in this final rule, 
contact MHI

[[Page 10754]]

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 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-
0691.

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-
0691; 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2020-09, dated April 7, 
2020 (also referred to as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for certain 
MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) 
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-2020-0691.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain MHI RJ Aviation 
ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The 
NPRM published in the Federal Register on October 5, 2020 (85 FR 
62626). The NPRM was prompted by evidence that a revised structural 
life limit of some components of the NLG and/or MLG was not implemented 
during repair. The NPRM proposed to require verifying that the affected 
components are installed on the airplane, revising the structural life 
limits in the existing SDIR airplane document, and replacing affected 
components if necessary. The FAA is issuing this AD to address 
structural life limits that are lower than the life limit published in 
the Maintenance Requirements Manual (MRM), Part 2. This condition, if 
not corrected, could lead to the collapse of the affected NLG and/or 
MLG, possibly resulting in airplane damage and injury to the occupants. 
See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. Air Line Pilots Association, International (ALPA) stated that 
it supports the NPRM.

Additional Change Made to This AD

    This AD has been revised to provide the revised structural life 
limits in figure 1 to paragraph (h) of this AD instead of referencing 
the individual repair engineering orders (REOs) in paragraph (h) of 
this AD. The REOs did not meet the Office of the Federal Register's 
criteria for incorporation by reference.

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 changes 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 Service Bulletin 601R-32-112, dated November 
11, 2019. This service information describes procedures for verifying 
that affected components are installed on the airplane, revising the 
structural life limits in the existing SDIR airplane document, and 
replacing affected parts if necessary. 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 456 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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          Labor cost                    Parts cost               Cost per product        Cost on U.S. operators
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Up to 143 work-hours x $85 per  Up to $103,114............  Up to $115,269...........  Up to $52,562,664.
 hour = Up to $12,155.
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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.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a

[[Page 10755]]

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:

2021-01-01 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-21377; Docket No. FAA-2020-0691; 
Product Identifier 2020-NM-064-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(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) airplanes, certificated in any category, serial 
numbers 7003 through 8999 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by evidence that a revised structural life 
limit of some components of the nose landing gear (NLG) and/or main 
landing gear (MLG) was not implemented during repair. The FAA is 
issuing this AD to address structural life limits that are lower 
than the life limits published in the Maintenance Requirements 
Manual (MRM), Part 2. This condition, if not corrected, could lead 
to the collapse of the affected NLG and/or MLG, possibly resulting 
in airplane damage and injury to the occupants.

(f) Compliance

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

(g) Verification of Airplane or Technical Records

    Within 6 months from the effective date of this AD: Verify the 
airplane or technical records to determine if an NLG or MLG 
component listed in Table 1 or Table 2 of Bombardier Service 
Bulletin 601R-32-112, dated November 11, 2019, is installed on the 
airplane. If this verification determines that an affected component 
listed in Table 1 or Table 2 of Bombardier Service Bulletin 601R-32-
112, dated November 11, 2019, is installed on the airplane, perform 
the actions specified in paragraph (h) or (i) of this AD, as 
applicable.

(h) Incorporation of the Structural Deviation Inspection Requirements 
(SDIR) Life Limit Into the Existing SDIR Airplane Document

    If the total flight cycles of the component is less than the 
revised SDIR life limit identified in figure 1 to paragraph (h) of 
this AD minus 2,000 flight cycles: Within 12 months after completing 
the actions specified in paragraph (g) of this AD, incorporate the 
applicable revised life limit of the affected component into the 
existing SDIR airplane document as specified in figure 1 to 
paragraph (h) of this AD.
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(i) Replacement of Repaired NLG and/or MLG Component

    If the total flight cycles of the component is equal to or more 
than the applicable revised SDIR life limit specified in figure 1 to 
paragraph (h) of this AD minus 2,000 flight cycles: Within 12 months 
or 2,000 flight cycles, whichever occurs first, after completing the 
actions specified in paragraph (g) of this AD, replace the affected 
component with a serviceable component.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
component listed in Table 1 or Table 2 of Bombardier Service 
Bulletin 601R-32-112, dated November 11, 2019, on any airplane 
without first incorporating the actions specified in paragraph (h) 
or (i) of this AD, as applicable.

(k) 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 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 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.

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(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2020-09, dated April 7, 2020, 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-2020-0691.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7330; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

(m) 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 Service Bulletin 601R-32-112, dated November 11, 
2019.
    (ii) [Reserved]
    (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 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/ibr-locations.html.

    Issued on December 28, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03565 Filed 2-22-21; 8:45 am]
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