[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Proposed Rules]
[Pages 3716-3719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01352]



[[Page 3716]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0011; Project Identifier MCAI-2021-00485-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).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 
100 & 440) airplanes, 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 proposed AD was prompted by 
reports of corrosion on fuel clamshell couplings installed in the fuel 
tank, and a determination that new or more restrictive airworthiness 
limitations are necessary. This proposed AD would require removing and 
replacing the fuel clamshell couplings on certain airplanes, and 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. 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 March 11, 
2022.

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 
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.

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-2022-
0011; 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: Jiwan Karunatilake, 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:

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 
under ADDRESSES. Include ``Docket No. FAA-2022-0011; Project Identifier 
MCAI-2021-00485-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 
the 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 
https://www.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 Jiwan 
Karunatilake, 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]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-16, dated April 26, 
2021 (TCCA AD CF-2021-16) (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-600-2B19 
(Regional Jet Series 100 & 440) airplanes, 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-2022-
0011.
    This proposed AD was prompted by reports of corrosion on fuel 
clamshell couplings installed in the fuel tank, and a determination 
that new or more restrictive airworthiness limitations are necessary. 
The FAA is proposing this AD to address corroded fuel clamshell 
couplings in the fuel tank, which, if not removed and replaced, could 
reduce the ability of the fuel coupling to conduct

[[Page 3717]]

lightning current and possibly lead to arcing and subsequent fuel tank 
ignition in the event of a lightning strike. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation has issued Service Bulletin 601R-28-068, Revision 
A, dated December 21, 2020; and Service Bulletin 670BA-28-041, Revision 
B, dated January 27, 2021. This service information describes 
procedures for removing and replacing the fuel clamshell couplings. 
These documents are distinct because they apply to different airplane 
models.
    MHI RJ Aviation has also issued Temporary Revision (TR) 2S4-002, 
dated September 1, 2021. This service information describes a Critical 
Design Configuration Control Limitations (CDCCL) item for bonding of 
fuel and vent lines for lightning protection to preclude a spark.
    MHI RJ Aviation has also issued the following TRs, which describe 
airworthiness limitations for fuel tank systems.
     TR 2S4-003, dated September 1, 2021; CRJ Series Regional 
Jet TR ALI-0741, dated October 13, 2020; and CRJ700/900/1000 Series 
Regional Jet TR ALI-0751, dated April 8, 2021, describe a procedure for 
removing and replacing self-bonding couplings in the fuel tank.
     CRJ Series Regional Jet TR ALI-0740, dated October 13, 
2020, describes a CDCCL item for bonding of fuel and vent lines for 
lightning protection to preclude a spark.
    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

    These products have been approved by the aviation authority of 
another country, and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI and service information referenced above. The FAA is issuing 
this NPRM after determining that the unsafe condition described 
previously is likely to exist or develop in other products of these 
same type designs.

Proposed Requirements of This NPRM

    This proposed AD would require removing and replacing the fuel 
clamshell couplings on certain airplanes and revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
CDCCLs. Compliance with these actions and CDCCLs 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 (m)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI or Service 
Information

    The MCAI specifies to revise the CDCCL Items as introduced by 
Bombardier CL-600-2B19 TR 2D-009, dated October 24, 2020, in Appendix 
D--Fuel Systems Limitations of Part 2, Airworthiness Requirements, of 
the MHI RJ Maintenance Requirements Manual (MRM). This proposed AD does 
not require this action because the TR references Appendix D--Fuel 
Systems Limitations of Part 2, Airworthiness Requirements, of the MHI 
RJ MRM, which is not applicable to U.S. airplanes. As a result, this 
proposed AD would require that the information specified in MHI RJ TR 
2S4-002, dated September 1, 2021, is incorporated into Supplement 4--
FAA Fuel System Limitations of Part 2, Airworthiness Requirements, of 
the MHI RJ MRM as required by paragraph (h)(1) of this proposed AD. MHI 
RJ TR 2S4-002, dated September 1, 2021, addresses the unsafe condition 
with references that apply to U.S. airplanes and provides the same or 
better level of safety.
    The MCAI also specifies to incorporate the new Fuel System 
Limitation Task 28-23-00-605 as introduced by Bombardier CL-600-2B19 TR 
2D-008, dated October 24, 2020; and to revise the Task Description 
Effectivity as amended by Bombardier CL-600-2B19 TR 2D-010, dated April 
8, 2021; in Appendix D--Fuel Systems Limitations of Part 2, 
Airworthiness Requirements, of the MHI RJ MRM. This proposed AD does 
not require these actions because these TRs also reference Appendix D--
Fuel Systems Limitations of Part 2, Airworthiness Requirements, of the 
MHI RJ MRM, which is not applicable to U.S. airplanes. As a result, 
this proposed AD would require that the information specified in MHI RJ 
TR 2S4-003, dated September 1, 2021, is incorporated into Supplement 
4--FAA Fuel System Limitations of Part 2, Airworthiness Requirements, 
of the MHI RJ MRM, as specified in paragraph (h)(2) of this proposed 
AD. MHI RJ TR 2S4-003, dated September 1, 2021, addresses the unsafe 
condition with references that apply to U.S. airplanes and provides the 
same or better level of safety.

Costs of Compliance

    The FAA estimates that this proposed AD affects 914 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
           Labor cost                   Parts cost           Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 21 work-hours x $85 per     Up to $5,837..........  Up to $7,622..........  Up to $6,966,508.
 hour = $1,785.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for revising the maintenance/inspection program.

    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. In 
the past, the FAA 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 FAA estimates the total cost per operator to be $7,650 
(90 work-hours x $85 per work-hour).
    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has

[[Page 3718]]

included all known costs in the cost estimate.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 adding the following new airworthiness 
directive:

MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, 
Inc.): Docket No. FAA-2022-0011; Project Identifier MCAI-2021-00485-
T.

(a) Comments Due Date

    The FAA must receive comments by March 11, 2022.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to the MHI RJ Aviation ULC airplanes, 
certificated in any category, identified in paragraphs (c)(1) 
through (4) of this AD.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, 
serial numbers 7002 through 7990 inclusive and 8000 through 8112 
inclusive.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and 
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers 
10002 through 10347 inclusive.
    (3) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, serial numbers 15001 through 
15499 inclusive.
    (4) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, 
serial numbers 19001 through 19064 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of corrosion on fuel clamshell 
couplings installed in the fuel tank, and a determination that new 
or more restrictive airworthiness limitations are necessary. The FAA 
is issuing this AD to address corroded fuel clamshell couplings in 
the fuel tank, which, if not removed and replaced, could reduce the 
ability of the fuel coupling to conduct lightning current and 
possibly lead to arcing and subsequent fuel tank ignition in the 
event of a lightning strike.

(f) Compliance

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

(g) Clamshell Coupling Replacement: Model CL-600-2B19 Airplanes

    For Model CL-600-2B19 airplanes: Within 6,600 flight hours or 36 
months, whichever occurs first after the effective date of this AD, 
remove and replace the fuel clamshell couplings, in accordance with 
Section 2.B. of the Accomplishment Instructions of MHI RJ Service 
Bulletin 601R-28-068, Revision A, dated December 21, 2020.

(h) Revision of the Existing Maintenance or Inspection Program: Model 
CL-600-2B19 Airplanes

    For Model CL-600-2B19 airplanes: 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 paragraphs (h)(1) and (2) of this AD into Supplement 
4--FAA Fuel System Limitations of Part 2, Airworthiness 
Requirements, of the MHI RJ Maintenance Requirements Manual (MRM).
    (1) Critical Design Configuration Control Limitation (CDCCL) 
Item as specified in MHI RJ Temporary Revision (TR) 2S4-002, dated 
September 1, 2021.
    (2) Fuel System Limitation Task 28-23-00-605 as specified in MHI 
RJ TR 2S4-003, dated September 1, 2021.

(i) Clamshell Coupling Replacement: Model CL-600-2C10, CL-600-2C11, CL-
600-2D15, CL-600-2D24, and CL-600-2E25 Airplanes

    For Model CL-600-2C10 and CL-600-2C11 airplanes; Model CL-600-
2D15 and CL-600-2D24 airplanes, serial numbers 15001 through 15494 
inclusive; and Model CL-600-2E25 airplanes: Within 8,800 flight 
hours or 48 months, whichever occurs first after the effective date 
of this AD, replace the fuel clamshell couplings, in accordance with 
Section 2.B. of the Accomplishment Instructions of MHI RJ Service 
Bulletin 670BA-28-041, Revision B, dated January 27, 2021.

(j) Revision of the Existing Maintenance or Inspection Program: Model 
CL-600-2C10, CL-600-2C11, CL-600-2D15, CL-600-2D24, and CL-600-2E25 
Airplanes

    For Model CL-600-2C10, CL-600-2C11, CL-600-2D15, CL-600-2D24, 
and CL-600-2E25 airplanes: 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 
paragraphs (j)(1) and (2) of this AD.
    (1) Fuel System Limitation Task 28-21-15-601 as specified in 
[MHI RJ] CRJ Series Regional Jet TR ALI-0741, dated October 13, 
2020; and Description Applicability for Airworthiness Limitation 
Task 28-21-15-601 as amended by [MHI RJ] CRJ700/900/1000 Series 
Regional Jet TR ALI-0751, dated April 8, 2021; in Section 4-28 of 
Part 2, Airworthiness Requirements, of the MHI RJ MRM.
    (2) CDCCL Item as specified in [MHI RJ] CRJ Series Regional Jet 
TR ALI-0740, dated October 13, 2020, in Section 5-00 of Part 2, 
Airworthiness Requirements, of the MHI RJ MRM.

(k) No Alternative Actions, Intervals, or CDCCLs

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

(l) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using MHI RJ

[[Page 3719]]

Service Bulletin 601R-28-068, dated December 3, 2020.
    (2) This paragraph provides credit for actions required by 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using MHI RJ Service Bulletin 670BA-28-
041, dated December 3, 2020; or Revision A, dated December 21, 2020.

(m) 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.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-16, dated April 26, 2021, 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-2022-0011.
    (2) For more information about this AD, contact Jiwan 
Karunatilake, 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].
    (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. 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.

    Issued on January 19, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01352 Filed 1-24-22; 8:45 am]
BILLING CODE 4910-13-P