[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Rules and Regulations]
[Pages 66937-66940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25535]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0382; Project Identifier MCAI-2021-00382-T; 
Amendment 39-21797; AD 2021-22-24]
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-600-2C10 (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 new or more restrictive airworthiness 
limitations for structural inspections and safe life components are 
necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective December 29, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 29, 
2021.

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-2021-0382.

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-2021-
0382; 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: Antariksh Shetty, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-
794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-53, dated December 7, 
2020 (TCCA AD CF-2020-53) (also 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-600-2C10 
(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

[[Page 66938]]

in the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0382.
    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-600-2C10 (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 
May 27, 2021 (86 FR 28501). The NPRM was prompted by a determination 
that new airworthiness limitations for structural inspections and safe 
life components are necessary. The NPRM proposed to require revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new airworthiness limitations. The FAA is issuing this AD 
to address reduced structural integrity and reduced controllability of 
the airplane. 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.

Request To Withdraw the NPRM

    Air Wisconsin Airlines (Air Wisconsin) requested that the FAA 
withdraw the NPRM. Air Wisconsin stated that the FAA should require the 
normal approval routing for revisions to the maintenance requirements 
manual (MRM) and review the tasks for genuine safety of flights 
concerns. Air Wisconsin opined that MHI RJ Aviation was trying to force 
FAA approval of any revision to their maintenance review board (MRB), 
which then intrudes on an operator's ability to reasonably manage their 
approved maintenance program. Air Wisconsin concluded that, if 
successful, the FAA will not need to be asked again to review any 
revision to any of the documents MHI RJ Aviation wants to push through 
but will only go to Transport Canada to issue an AD.
    The FAA disagrees with the request to withdraw the NPRM. The FAA 
approved the MRM at Revision 23 and Revision 24 via the Implementation 
Procedures for Airworthiness (IPA) agreement in place between the U.S. 
and Canada. The IPA agreement can be found on FAA's website if Air 
Wisconsin would like to review it further.
    In addition, this AD is necessary to address the identified unsafe 
condition. The FAA issues ADs to require actions to address unsafe 
conditions that are not otherwise being addressed (or are not addressed 
adequately) by normal maintenance procedures. The FAA may address such 
unsafe conditions by requiring revisions to existing maintenance or 
inspection programs, as applicable, as a condition under which 
airplanes may continue to be operated. Since the specific revision of 
the airworthiness limitations issued at the time an airplane is 
produced must be followed for that airplane, as specified in 14 CFR 
21.31(c). Later revisions of the airworthiness limitation document are 
not required to be incorporated into the maintenance or inspection 
program for that airplane unless an AD mandates those revisions. 
Therefore, the FAA has determined that it is necessary to issue this 
final rule.

Request To Clarify ``New'' Airworthiness Limitations

    Air Wisconsin stated that paragraph (e) of the proposed AD 
specifies that these are ``new'' airworthiness limitations for 
structural inspections and safe life components; however many, if not 
all of these already exist in the FAA-approved MRM at Revision 21. Air 
Wisconsin also noted that paragraph (f) of the proposed AD states to 
comply with this AD ``within the compliance times specified, unless 
already done'' and noted that not all the tasks in MRM Revision 23 are 
newly introduced.
    The FAA agrees to clarify that for any tasks already in an 
operator's maintenance or inspection program, there is no action 
required by this AD as the operator has already incorporated those 
tasks into its maintenance or inspection program. Only new or more 
restrictive airworthiness limitations must be incorporated. The FAA has 
revised the Summary, Related Service Information under 1 CFR part 51, 
and paragraph (e) of this AD to better describe the airworthiness 
limitations as ``new or more restrictive'' airworthiness limitations.

Request To Clarify How ``Unapproved'' Actions Could Already Be Done

    Air Wisconsin asked how ``unapproved'' actions could already be 
done. Air Wisconsin stated ``Revision 23 or 24 [of the MRM] have not 
been FAA approved'' and are referred to in the service information 
specified in paragraph (g)(1) of the proposed AD. Air Wisconsin also 
stated that paragraph (g)(2) of the proposed AD refers to service 
information that requires the incorporation of ``FAA unapproved version 
of the MRM revision 23 or subsequent'' and said it seems as though this 
is a flagrant usurpation to force FAA approval of a document previously 
rejected by the FAA.
    The FAA notes that both MRM Revision 23 and 24 are FAA approved via 
the IPA agreement in place with TCCA. In addition, the FAA has 
confirmed that the MRM at Revision 23 and 24 were never rejected by the 
FAA. The FAA approval process is not affected by this AD.
    The background of the NPRM refers to the MCAI that provides more 
clarity that there may be some tasks revised, added, or deleted. As the 
Revision 23 and 24 of the MRM are published and FAA approved, prior to 
mandating the MRM as identified in this AD, operators might have 
already complied with the actions in the documents. Therefore, 
operators could have already complied with the actions prior to the 
effective date of this AD.
    For clarity, the FAA is mandating the tasks specified in the MRM at 
Revision 23 at least at this time. However, as noted in the service 
information, operators may incorporate the specified items in revision 
23 or subsequent revisions of the MRM. Operators cannot incorporate 
specified items in any revision before revision 23.

Request To Clarify if Alternative Methods of Compliance (AMOCs) Are 
Needed for Operators With an Approved Reliability Program

    Air Wisconsin requested that the FAA clarify if AMOCs are needed 
for operators that have an approved reliability program. Air Wisconsin 
stated that paragraph (h) of the proposed AD states that ``after the 
existing maintenance or inspection program has been revised as required 
by paragraph (g), no alternative actions (e.g., inspections) or 
intervals may be used unless the actions and intervals are approved as 
an AMOC.''
    The FAA acknowledges the commenter's request and has revised 
paragraph (h) of this AD for clarification. An AMOC is not needed when 
operators incorporate a subsequent revision of the MRM completely. The 
FAA has revised paragraph (h) of this AD to remove the reference to the 
AMOC paragraph to state ``After the existing 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 
they are approved as specified in the provisions of paragraphs 
2.B.(2)(a) and 2.B.(3)(a) of the Accomplishment Instructions of

[[Page 66939]]

MHI RJ Service Bulletin 670BA-05-001, dated August 27, 2020.''

Request To Clarify if AMOCs Are Needed for Changes in the Intervals

    Air Wisconsin requested that the FAA clarify if AMOCs are needed 
for changes in the intervals that occur in subsequent revisions. Air 
Wisconsin noted that intervals may be different due to when they were 
incorporated. Air Wisconsin asked, if MHI RJ Aviation changes the 
intervals in subsequent revisions, would MHI RJ Aviation be required to 
request a global AMOC to accommodate the subsequent interval change.
    The FAA notes that operators are not required to incorporate later 
revisions of the MRM unless the FAA mandates those revisions in a new 
AD. However, for operators that do incorporate any later revisions of 
the MRM after Revision 23, an AMOC is not required. The FAA further 
notes that whichever subsequent revision an operator incorporates, it 
must do so completely. An AMOC is only needed if an operator wants to 
incorporate a different interval than the interval specified in the MRM 
that the operator has incorporated for compliance with this AD.

Request To Clarify Compliance With the Tasks

    Air Wisconsin requested that FAA clarify how the FAA, or anyone 
else, would determine if an operator is in compliance with the tasks. 
Air Wisconsin stated the MHI RJ Service Bulletin 670BA-05-001, dated 
August 27, 2020, does not specify intervals for the tasks. Further, Air 
Wisconsin requested that the FAA explain how operators would show 
compliance with the proposed AD in five years.
    The FAA notes that as required by paragraph (g)(1) of this AD 
everything within paragraph 2.B.(2)(a) of the Accomplishment 
Instructions of MHI RJ Service Bulletin 670BA-05-001, dated August 27, 
2020, must be followed completely. Specifically that paragraph states 
``Make sure that your approved maintenance program includes all the 
applicable items listed in the revision 23 or subsequent of the MRM 
(Manual CSP B-53) Part 2 Airworthiness Limitation Items (ALIs), Section 
2 Structural Inspections and obey the instructions . . . .'' The MRM 
contains the intervals (repeat cut-in and repeat compliance times as 
well as the threshold), in addition to the other category items 
specified in the service bulletin. The FAA notes that requiring 
restrictive airworthiness limitation tasks must be mandated through an 
AD in order to ensure U.S. operators comply with the task restrictions 
and timeframe. This AD requires incorporation of these tasks and 
compliance with these tasks is required by 14 CFR 91.403(c).

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 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

    MHI RJ Aviation ULC has issued MHI RJ Service Bulletin 670BA-05-
001, dated August 27, 2020. This service information describes new or 
more restrictive airworthiness limitations for structural inspections 
and safe life components.
    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 554 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
FAA recognizes that this number may vary from operator to operator. 
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 
FAA estimates the total cost per operator to be $7,650 (90 work-hours x 
$85 per work-hour).

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:

2021-22-24 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-21797; Docket No. FAA-2021-0382; 
Project Identifier MCAI-2021-00382-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 29, 
2021.

[[Page 66940]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC airplanes identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and 
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers 
10002 and subsequent.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, serial numbers 15001 and 
subsequent.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, 
serial numbers 19001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic 
Inspections.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations for structural inspections and 
safe life components are necessary. The FAA is issuing this AD to 
address reduced structural integrity and reduced controllability of 
the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 180 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the airworthiness limitations for structural inspections 
and safe life components specified in paragraphs (g)(1) and (2) of 
this AD.
    (1) The task number, model effectivity, threshold, repeat cut-
in, repeat, and task type for the Section 2 structural inspections 
specified in paragraph 2.B.(2)(a) of the Accomplishment Instructions 
of MHI RJ Service Bulletin 670BA-05-001, dated August 27, 2020.
    (2) The task number, part number, model effectivity, and discard 
time for the Section 3 safe life components specified in paragraph 
2.B.(3)(a) of the Accomplishment Instructions of MHI RJ Service 
Bulletin 670BA-05-001, dated August 27, 2020.

(h) No Alternative Actions and Intervals

    After the existing 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 they are 
approved as specified in the provisions of paragraphs 2.B.(2)(a) and 
2.B.(3)(a) of the Accomplishment Instructions of MHI RJ Service 
Bulletin 670BA-05-001, dated August 27, 2020.

(i) 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 responsible 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 
responsible 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-53, dated December 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-2021-0382.
    (2) For more information about this AD, contact Antariksh 
Shetty, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; fax 516-794-5531; email [email protected].

(k) 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) MHI RJ Service Bulletin 670BA-05-001, dated August 27, 2020.
    (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 [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 October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-25535 Filed 11-23-21; 8:45 am]
BILLING CODE 4910-13-P


