[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17504-17510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06893]


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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; 
Amendment 39-21480; AD 2021-07-03]
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 superseding Airworthiness Directive (AD) 2015-05-
03, which applied to certain Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. AD 2015-05-03 required 
revising the existing 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). This AD 
continues to require the actions specified in AD 2015-05-03. This AD 
also requires revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations, and incorporating additional structural repairs and 
modifications to preclude WFD. 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 WFD. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective May 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of April 
21, 2015 (80 FR 13758, March 17, 2015).

[[Page 17505]]


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 phone: +1-844-272-2720 or direct-dial phone: +1-514-
855-8500; fax: +1-514-855-8501; email: [email protected]; internet: 
https://mhirj.com. You may view this referenced 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-2020-0913.

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 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; phone: 516-228-7330; 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-2014-07R1, dated July 13, 
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-2020-0913.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2015-05-03, Amendment 39-18113 (80 FR 
13758, March 17, 2015) (AD 2015-05-03). AD 2015-05-03 applied to 
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. The NPRM published in the Federal Register on October 
14, 2020 (85 FR 64987). The NPRM 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 NPRM proposed to continue to require the actions 
specified in AD 2015-05-03. The NPRM also proposed to require revising 
the existing maintenance or inspection program, as applicable, to 
incorporate additional new or more restrictive airworthiness 
limitations, and incorporating structural repairs and modifications to 
preclude WFD. The FAA is issuing this AD to address WFD, which could 
adversely affect the structural integrity 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 comment received 
on the NPRM and the FAA's response to each comment.

Request To Include Credit for Actions Accomplished Using Additional 
Repair Engineering Orders (REOs)

    MHI RJ Aviation ULC (MHI) requested that the FAA revise the NPRM to 
include credit for initial inspections accomplished using certain 
Bombardier REOs that were not specified in paragraph (l) of the 
proposed AD. MHI specified that, since issuance of the MCAI, it has 
continued to support U.S. operators with REOs. MHI provided the 
additional REOs and specified the applicable manufacturer serial number 
for each specific REO.
    The FAA agrees for the reasons provided. Additionally, the FAA 
finds that including the additional REOs would allow operators of the 
affected airplanes to receive 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 those REOs without requesting an alternative method of 
compliance. The FAA has revised figure 1 to paragraph (l) of this AD 
accordingly.

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 change 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 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 stringers (STR) 6 and 20.
    This AD also requires 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.

Costs of Compliance

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

[[Page 17506]]

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 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 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:
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:

2021-07-03 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-21480; Docket No. FAA-2020-0913; 
Project Identifier MCAI-2020-00971-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2021.

(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 and Updated Language

    This paragraph restates the requirements of paragraph (g) of AD 
2015-05-03, with certain requirements removed and updated language. 
Within 60 days after April 21, 2015 (the effective date of AD 2015-
05-03): Revise the existing 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 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, 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 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

[[Page 17507]]

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, 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 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) TCCA 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,

[[Page 17510]]

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: [email protected].

(p) 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.
    (3) The following service information was approved for IBR on 
May 10, 2021.
    (i) Bombardier Temporary Revision 2B-2280, dated June 12, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
April 21, 2015 (80 FR 13758, March 17, 2015).
    (i) 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:
    (A) AWL Task 53-41-110, Longitudinal Str. 6 splice butt strap at 
Str. 6, FS409.0 to FS617.0; and
    (B) AWL Task 53-41-204, Frame splice angles at STR 6 and 20.
    (ii) [Reserved]
    (5) 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: [email protected]; internet: https://mhirj.com.
    (6) 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.
    (7) 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 March 18, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-06893 Filed 4-2-21; 8:45 am]
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