[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Proposed Rules]
[Pages 19032-19035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06769]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0388; Project Identifier MCAI-2020-01604-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 adopt 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 proposed AD was 
prompted by reports of the failure of certain primary ejector fuel feed 
flexible hoses, which may have a thinner liner than specified by design 
requirements, and are therefore more susceptible to cracking. This 
proposed AD would require replacing the hoses. 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 May 16, 
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 Bombardier 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,

[[Page 19033]]

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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0388; 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.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7366; 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-2022-0388; Project Identifier 
MCAI-2020-01604-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 NPRM.

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 
Joseph Catanzaro, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7366; 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.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-03, dated March 5, 
2020 (TCCA AD CF-2020-03) (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 in the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0388.
    This proposed AD was prompted by reports of the failure of primary 
ejector fuel feed flexible hoses with more than 30,000 flight hours, 
installed in accordance with Bombardier Service Bulletin 670BA-28-008C, 
dated January 23, 2003. In four of the events, the fuel was leaking 
inside the center fuel tank from the cracked inner liner of the hose, 
and caused a lateral fuel imbalance condition on the airplane. These 
events resulted in an emergency descent or air turn back (ATB). 
Subsequent investigation determined that hoses with part numbers (P/N) 
CC670-62022-3 and CC670-62022-4, and serial numbers 001 through 2470 
inclusive, may have a thinner Teflon[supreg] liner than specified by 
the design requirements, and therefore are more susceptible to 
cracking. Analysis also indicates that, depending on the size of the 
crack and the resultant amount of fuel leakage, a fuel supply 
disruption to the engines could be significant enough to cause an 
inflight engine shutdown (IFSD). The FAA is proposing this AD to 
address a possible fuel hose leak, which could cause a lateral 
imbalance with an adverse effect on the airplane's controllability, or 
could result in a dual IFSD. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 670BA-28-040, dated 
September 30, 2019. This service information describes procedures for, 
among other actions, replacing any primary ejector fuel feed flexible 
hose, (P/N) CC670-62022-3 and CC670-62022-4, having serial numbers 001 
through 2470 inclusive. 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 AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 457 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 19034]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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12 work-hours x $85 per hour = $1,020........................          $2,872           $3,892       $1,778,644
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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-2022-0388; Project Identifier MCAI-2020-01604-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 16, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) 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 through 10325 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, serial numbers 15001 through 
15263 inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000), serial numbers 
19001 through 19013 inclusive.

 (d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of the failure of certain 
primary ejector fuel feed flexible hoses, which may have a thinner 
liner than specified by design requirements, and are therefore more 
susceptible to cracking. The FAA is issuing this AD to address a 
possible fuel hose leak, which could cause a lateral imbalance with 
an adverse effect on the airplane's controllability, or result in a 
dual inflight engine shutdown (IFSD).

(f) Compliance

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

(g) Required Actions

    At the applicable time specified in figure 1 to paragraph (g) of 
this AD: Replace each hose having part number (P/N) CC670-62022-3 
and P/N CC670-62022-4 and serial number 001 through 2470 inclusive, 
in accordance with Part B of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-28-040, dated September 30, 2019.
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(h) 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. 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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-03, dated March 5, 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-2022-0388.
    (2) For more information about this AD, contact Joseph 
Catanzaro, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7366; email [email protected].
    (3) For Bombardier 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 March 25, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-06769 Filed 3-31-22; 8:45 am]
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