[Federal Register Volume 86, Number 74 (Tuesday, April 20, 2021)]
[Rules and Regulations]
[Pages 20451-20453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07624]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0911; Product Identifier 2020-NM-075-AD; Amendment 
39-21497; AD 2021-08-03]
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 adopting a new airworthiness directive (AD) for all 
MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 
702) airplanes; Model CL-600-2C11 (Regional Jet Series 550) airplanes; 
Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model CL-600-
2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25 
(Regional Jet Series 1000) airplanes. This AD was prompted by a 
determination that a new or more restrictive airworthiness limitation 
is necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate a new or more 
restrictive airworthiness limitation. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective May 25, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 25, 
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-2020-0911.

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-
0911; 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: Siddeeq Bacchus, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7362; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-08, dated April 6, 
2020 (also referred to as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for all MHI 
RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes; Model CL-600-2C11 (Regional Jet Series 550) airplanes; Model 
CL-600-2D15 (Regional Jet Series 705) airplanes; Model CL-600-2D24 
(Regional Jet Series 900) airplanes; and Model CL-600-2E25 (Regional 
Jet Series 1000) 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-2020-0911.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all MHI RJ Aviation ULC 
Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes; Model 
CL-600-2C11 (Regional Jet Series 550) airplanes; Model CL-600-2D15 
(Regional Jet Series 705) airplanes; Model CL-600-2D24 (Regional Jet 
Series 900) airplanes; and Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes. The NPRM published in the Federal Register on October 13, 
2020 (85 FR 64417). The NPRM was prompted by a determination that a new 
or more restrictive airworthiness limitation is necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate a new or more restrictive 
airworthiness limitation. The FAA is issuing this AD to address failed 
telescopic ducts in the wing anti-ice system, which could result in 
loss of the wing anti-ice system function, slat skew, slat jam, 
structural damage to the slat panel, and loss of the slat panel, 
possibly resulting in reduced control 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.

Support for the NPRM

    An anonymous commenter and Endeavor Air indicated support for the 
NPRM.

Request To Extend the 60-Day Compliance Time for Initial Actions

    Endeavor Air requested a revision to the initial compliance times 
proposed in the NPRM for accomplishing the tasks. Endeavor Air 
suggested removing the phrase ``or within 60 days after the effective 
date of the AD, whichever is later'' and replacing it with ``for 
aircraft with more than 15,200 FH [flight hours], phase in within 8,800 
FH from the effective date of the AD.'' Endeavor Air reasoned that the 
change would allow the work to be scheduled during C-check maintenance, 
and align with the original intent.
    The FAA disagrees with replacing the 60-day grace period with the 
compliance time suggested by the commenter. The FAA reviewed the 
compliance times, typical fleet usage, and the TCCA AD, and found that 
the compliance time specified in paragraph (g) of this AD adequately 
addresses the unsafe condition. Most airplanes average 8.5 flight hours 
per day and will not reach another 8,800 flight hours for 32 months; 
therefore, an extension is

[[Page 20452]]

not warranted. However, under the provisions of paragraph (i)(1) of 
this AD, the FAA will consider requests for approval of an extension of 
the compliance time if sufficient data are submitted to substantiate 
that the extension would provide an acceptable level of safety. The FAA 
has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this AD 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 CRJ700/900/1000 Series Regional Jet Temporary 
Revision ALI-0721, dated December 20, 2019. This service information 
describes safe life limitation task 30-11-10-701, Telescopic Duct, that 
specifies the life limitation for the telescopic duct. 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 577 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 
agency 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 
agency estimates the average 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:

2021-08-03 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-21497; Docket No. FAA-2020-0911; 
Product Identifier 2020-NM-075-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective May 25, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (type certificate 
previously held by Bombardier, Inc.) airplanes identified in 
paragraphs (c)(1) through (5) of this AD, certificated in any 
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes.
    (2) Model CL-600-2C11 (Regional Jet Series 550) airplanes.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (4) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Rain and Ice 
Protection.

(e) Reason

    This AD was prompted by a determination that a new or more 
restrictive airworthiness limitation is necessary. The FAA is 
issuing this AD to address failed telescopic ducts in the wing anti-
ice system, which could result in loss of the wing anti-ice system 
function, slat skew, slat jam, structural damage to the slat panel, 
and loss of the slat panel, possibly resulting in reduced control of 
the airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision--Safe Life Limitation 
Task 30-11-10-701

    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 [Bombardier] CRJ700/900/
1000 Series Regional Jet Temporary Revision ALI-0721, dated December 
20, 2019, into Part 2 of the Bombardier CRJ700/900/1000 Maintenance 
Requirements Manual. The initial compliance time for doing the tasks 
is at the time specified in [Bombardier] CRJ700/900/1000 Series 
Regional Jet Temporary Revision ALI-0721, dated December 20, 2019, 
or within 60 days after the effective date of this AD, whichever 
occurs later.

(h) No Alternative Actions or 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 the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:

[[Page 20453]]

    (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; 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 district office/certificate holding district 
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-2020-08, dated April 6, 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-2020-0911.
    (2) For more information about this AD, contact Siddeeq Bacchus, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7362; 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) [Bombardier] CRJ700/900/1000 Series Regional Jet Temporary 
Revision ALI-0721, dated December 20, 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 [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 March 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-07624 Filed 4-19-21; 8:45 am]
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