[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Proposed Rules]
[Pages 64987-64993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22665]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0913; Project Identifier MCAI-2020-00971-T]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2015-05-03, which applies to certain MHI RJ Aviation ULC Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. AD 2015-05-03 requires 
revising the maintenance or inspection program, as applicable, to 
incorporate new or revised maintenance requirements and airworthiness 
limitations, and incorporating structural repairs and modifications to 
preclude widespread fatigue damage (WFD). Since the FAA issued AD 2015-
05-03, the FAA has determined that new or more restrictive 
airworthiness limitations are necessary, as well as the corresponding 
structural repairs and modifications to preclude WFD. This proposed AD 
would require revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations and would require incorporating structural repairs and 
modifications to preclude WFD. The FAA is proposing this AD to address 
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
30, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact MHI RJ 
Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N 1E1 
Canada; Widebody Customer Response Center North America toll-free 
phone: +1-844-272-2720 or direct-dial phone: +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.

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-
0913; 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 NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

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; phone: 516-228-7330; fax: 516-
794-5531; email: 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed

[[Page 64988]]

under the ADDRESSES section. Include ``Docket No. FAA-2020-0913; 
Project Identifier MCAI-2020-00971-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; phone: 516-228-7330; fax: 516-794-5531; email: 9-avs-nyaco-cos@faa.gov. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    The FAA issued AD 2015-05-03, Amendment 39-18113 (80 FR 13758, 
March 17, 2015) (``AD 2015-05-03''), for certain MHI RJ Aviation ULC 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. AD 2015-
05-03 requires revising the maintenance or inspection program, as 
applicable, to incorporate new or revised maintenance requirements and 
airworthiness limitations, and incorporating structural repairs and 
modifications to preclude WFD. AD 2015-05-03 resulted from reports of 
cracking on the skin panels and skin splice joints and angles at 
certain stringers at various locations between certain fuselage 
stations. The FAA issued AD 2015-05-03 to address WFD, which could 
adversely affect the structural integrity of the airplane.

Actions Since AD 2015-05-03 Was Issued

    Since the FAA issued AD 2015-05-03, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary, as well as 
the corresponding structural repairs and modifications to preclude WFD.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2014-07R1, dated July 
13, 2020 (referred to after this 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-2020-0913.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary, as well as the 
corresponding structural repairs and modifications to preclude WFD. The 
manufacturer discovered inconsistencies between the Engineering 
Structure Reports and Maintenance Tasks for the inspection of fuselage 
skin longitudinal splices along a certain stringer. The FAA is 
proposing this AD to address WFD, which could adversely affect the 
structural integrity of the airplane. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation has issued Bombardier Temporary Revision 2B-2280, 
dated June 12, 2020. This service information, among other actions, 
describes airworthiness limitation (AWL) task 53-41-207, which 
specifies airworthiness limitations and inspections for fuselage and 
longitudinal skin splices at stringer (STR) 6 and 20.
    This proposed AD would also require the following service 
information, which the Director of the Federal Register approved for 
incorporation by reference as of April 21, 2015 (80 FR 13758, March 17, 
2015).
     AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap 
at Str. 6, FS409.0 to FS617.0, of Appendix B, Airworthiness 
Limitations, of Part 2, Airworthiness Requirements, Revision 9, dated 
June 10, 2013, of the Bombardier CL-600-2B19 Maintenance Requirements 
Manual, CSP A-053.
     AWL Task 53-41-204, Frame splice angles at STR 6 and 20, 
of Appendix B, Airworthiness Limitations, of Part 2, Airworthiness 
Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-
600-2B19 Maintenance Requirements Manual, CSP A-053.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain certain requirements of AD 2015-05-
03. This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations and would require incorporating 
structural repairs and modifications to preclude WFD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(n)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 431 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from

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AD 2015-05-03 to be $7,650 (90 work-hours x $85 per work-hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
In the past, the agency has estimated that this action takes 1 work-
hour per airplane. Since operators incorporate maintenance or 
inspection program changes for their affected fleet(s), the FAA has 
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the agency estimates the average total 
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).
    The FAA has received no definitive data that would enable us to 
provide cost estimates for the repairs and modifications specified in 
this proposed AD.

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:
0
a. Removing Airworthiness Directive (AD) 2015-05-03, Amendment 39-18113 
(80 FR 13758, March 17, 2015); and
0
b. Adding the following new AD:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, 
Inc.): Docket No. FAA-2020-0913; Project Identifier MCAI-2020-00971-
T.

(a) Comments Due Date

    The FAA must receive comments by November 30, 2020.

(b) Affected ADs

    This AD replaces AD 2015-05-03, Amendment 39-18113 (80 FR 13758, 
March 17, 2015) (``AD 2015-05-03'').

(c) Applicability

    This AD applies to MHI RJ Aviation ULC Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 through 7990 inclusive, and 8000 and 
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary, as well as the 
corresponding structural repairs and modifications to preclude 
widespread fatigue damage (WFD). The FAA is issuing this AD to 
address WFD, which could adversely affect the structural integrity 
of the airplane.

(f) Compliance

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

(g) Retained Revision of Maintenance or Inspection Program, With 
Certain Requirements Removed

    This paragraph restates the requirements of paragraph (g) of AD 
2015-05-03, with certain requirements removed. Within 60 days after 
April 21, 2015 (the effective date of AD 2015-05-03): Revise the 
maintenance or inspection program, as applicable, by incorporating 
the airworthiness limitations (AWL) tasks specified in paragraphs 
(g)(1) and (2) of this AD. The initial compliance times for the 
tasks start from the applicable threshold times specified in Part 2 
Airworthiness Requirements, Revision 9, dated June 10, 2013, of 
Appendix B, Airworthiness Limitations, of Bombardier CL-600-2B19, 
Maintenance Requirements Manual, CSP A-053; except that, for 
airplanes that have accumulated more than 38,000 total flight cycles 
as of April 21, 2015, the initial compliance time for the AWL tasks 
is before the accumulation of 2,000 flight cycles after April 21, 
2015.
    (1) AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at 
Str. 6, FS409.0 to FS617.0, of Appendix B, Airworthiness 
Limitations, of Part 2, Airworthiness Requirements, Revision 9, 
dated June 10, 2013, of the Bombardier CL-600-2B19, Maintenance 
Requirements Manual, CSP A-053.
    (2) AWL Task 53-41-204, Frame splice angles at STR 6 and 20, of 
Appendix B, Airworthiness Limitations, of Part 2, Airworthiness 
Requirements, Revision 9, dated June 10, 2013, of the Bombardier CL-
600-2B19, Maintenance Requirements Manual, CSP A-053.

(h) Retained No Alternative Actions or Intervals, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2015-05-03, with no changes. After the maintenance or inspection 
program has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions or intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (n)(1) of this AD.

(i) Retained Repairs and Modifications, With Changed Paragraph 
References

    This paragraph restates the requirements of paragraph (i) of AD 
2015-05-03, with changed paragraph references. Before the 
accumulation of 60,000 total flight cycles: Install repairs and 
modifications to preclude widespread fatigue damage (WFD) at 
locations specified in the tasks identified in paragraphs (g)(1) and 
(2) of this AD, using a method approved by the Manager, New York 
ACO, ANE-170, 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.

(j) New Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in AWL task 53-41-207, as 
specified in Bombardier Temporary Revision 2B-2280, dated June 12, 
2020. The initial compliance time for doing the tasks is at the time 
specified in AWL task 53-41-207, as

[[Page 64990]]

specified in Bombardier Temporary Revision 2B-2280, dated June 12, 
2020, or within 60 days after the effective date of this AD, 
whichever occurs later.

(k) New No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals are approved as an AMOC in accordance with the 
procedures specified in paragraph (n)(1) of this AD.

(l) Credit for Previous Actions

    This paragraph provides credit for the initial inspections 
required by the service information specified in paragraph (j) of 
this AD, if those actions were performed before the effective date 
of this AD using the Bombardier Repair Engineering Orders (REOs) 
specified in Figure 1 to paragraph (l) of this AD.
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(m) New Repairs and Modifications

    Before the accumulation of 60,000 total flight cycles: Install 
repairs and modifications to preclude WFD at locations specified in 
the tasks identified in paragraph (j) of this AD, using a method 
approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or MHI 
RJ Aviation ULC 's TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(n) 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: 516-228-7300; fax: 516-794-5531.
    (i) 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.
    (ii) AMOCs approved previously for AD 2015-05-03, are approved 
as AMOCs for the corresponding provisions of paragraph (g) of this 
AD.
    (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 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.

(o) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2014-07R1, dated July 13, 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-2020-0913.
    (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; 
phone: 516-228-7330; fax: 516-794-5531; email: 9-avs-nyaco-cos@faa.gov.
    (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 phone: +1-844-272-2720 or direct-dial phone: +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

[[Page 64993]]

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.

    Issued on October 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-22665 Filed 10-13-20; 8:45 am]
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