[Federal Register Volume 87, Number 139 (Thursday, July 21, 2022)]
[Proposed Rules]
[Pages 43450-43453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15558]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0885; Project Identifier MCAI-2021-01429-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 all 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 that the landing gear age of certain airplanes was 
higher than expected for gear overhaul, which could increase the risk 
of corrosion. This proposed AD would require verifying the calendar age 
of the nose landing gear (NLG) and main landing gear (MLG) by way of 
component maintenance documents, and performing corrective actions if 
necessary. This proposed AD would also prohibit installing certain 
components. 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 September 
6, 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 Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; North 
America toll-free telephone 833-990-7272 or direct-dial telephone 450-
990-7272; fax 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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0885; 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: 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; 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-2022-0885; Project Identifier 
MCAI-2021-01429-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 
Antariksh Shetty, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue,

[[Page 43451]]

Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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-2021-49, dated December 20, 
2021 (TCCA AD CF-2021-49) (also referred to after this 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); 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-2022-0885.
    This proposed AD was prompted by reports that the landing gear age 
of certain airplanes was higher than expected for gear overhaul. The 
FAA is proposing this AD to address the possibility of undetected 
corrosion due to landing gear age that could lead to MLG and/or NLG 
collapse, and consequent damage to the airplane and injury to the 
occupants. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ has issued SB 670BA-32-062, dated December 2, 2021. This 
service information describes procedures for, among other actions, 
verifying the calendar age of the NLG and MLG by way of component 
maintenance documents and for removing affected landing gear components 
and replacing them with serviceable 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.

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 except as discussed under 
``Differences Between this Proposed AD and the MCAI.'' This proposed AD 
would also prohibit installing certain affected parts.

Differences Between This Proposed AD and the MCAI

    TCCA AD CF-2021-49 requires the replacement of affected components 
with a calendar age of 10 years or more. However, this proposed AD also 
includes affected components with a calendar age of less than 10 years. 
MHI RJ Aviation ULC intends to revise Part 1 of the maintenance 
requirements manual (MRM) for the affected components to include a 
calendar age life limit in addition to the existing flight cycle life 
limit. TCCA then plans to issue an AD to enforce the calendar age life 
limit in the revised MRM, which would address the unsafe condition for 
components with a calendar age of less than 10 years for Canadian 
operators. However, for U.S. operators, affected components with a 
calendar age of less than 10 years may reach the new calendar age life 
limit before an FAA AD is issued to mandate the revised MRM once it is 
available. Therefore, components with a calendar age of less than 10 
years are included in this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 624 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      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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4 work-hours x $85 per hour = $340...........................              $0             $340         $212,160
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
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               Labor cost                             Parts cost                       Cost per  product
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Up to 32 work-hours x $85 per hour = Up   Up to $340,000....................  Up to $342,720.
 to $2,720.
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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

[[Page 43452]]

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-2022-0885; Project Identifier MCAI-2021-01429-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 6, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC 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).
    (2) Model CL-600-2C11 (Regional Jet Series 550).
    (3) Model CL-600-2D15 (Regional Jet Series 705).
    (4) Model CL-600-2D24 (Regional Jet Series 900).
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by reports that the landing gear age of 
certain airplanes was higher than expected for gear overhaul. The 
FAA is issuing this AD to address the possibility of undetected 
corrosion due to landing gear age that could lead to main landing 
gear (MLG) and/or nose landing gear (NLG) collapse, and consequent 
damage to the airplane and injury to the occupants.

(f) Compliance

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

(g) Determination of Component Calendar Age

    Within 90 days after the effective date of this AD: Verify the 
airplane and/or the airplane technical records to determine whether 
any MLG and NLG components are affected components based on their 
calendar age, in accordance with Section 2, Part A, of the 
Accomplishment Instructions of MHI RJ Service Bulletin (SB) 670BA-
32-062, Revision A, dated December 2, 2021.

(h) Removal and Replacement of Affected NLG Components

    (1) Within the applicable compliance time indicated in figure 1 
to paragraph (h) of this AD: Remove the affected NLG components 
identified in paragraph (g) of this AD in accordance with Section 2, 
Part B, of the Accomplishment Instructions of MHI RJ SB 670BA-32-
062, Revision A, dated December 2, 2021.
    (2) Before further flight after removal of the affected 
components, replace the removed components with serviceable 
components, in accordance with Section 2, Part D, of the 
Accomplishment Instructions of MHI RJ SB 670BA-32-062, Revision A, 
dated December 2, 2021.
[GRAPHIC] [TIFF OMITTED] TP21JY22.031


[[Page 43453]]



(i) Removal and Replacement of Affected MLG Components

    (1) Within the applicable compliance time indicated in figure 1 
to paragraph (h) of this AD: Remove the affected MLG components 
identified in paragraph (g) of this AD in accordance with Section 2 
Part E or H, as applicable, of the Accomplishment Instructions of 
MHI RJ SB 670BA-32-062, Revision A, dated December 2, 2021.
    (2) Before further flight after removing the affected 
components, replace the removed components with serviceable 
components, in accordance with Section 2, Part G or J, as 
applicable, of the Accomplishment Instructions of MHI RJ SB 670BA-
32-062, Revision A, dated December 2, 2021.

(k) Parts Installation Limitation

    (1) As of the effective date of this AD, no person may install, 
on any airplane, any MLG or NLG component with a calendar age of 12 
years or more unless it has been overhauled in accordance with 
Section 2 Part C, F, or I, as applicable, of the Accomplishment 
Instructions of MHI RJ SB 670BA-32-062, Revision A, dated December 
2, 2021.
    (2) As of the effective date of this AD, any MLG or NLG 
component with a calendar age of less than 12 years may be installed 
on any airplane, provided it is overhauled in accordance with 
Section 2 Part C, F, or I, as applicable, of the Accomplishment 
Instructions of MHI RJ SB 670BA-32-062, Revision A, dated December 
2, 2021, prior to reaching 12 years' component calendar age.

(l) 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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-49, dated December 20, 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-2022-0885.
    (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; email [email protected].
    (3) For service information identified in this AD, contact MHI 
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; 
North America toll-free telephone 833-990-7272 or direct-dial 
telephone 450-990-7272; fax 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 July 15, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-15558 Filed 7-20-22; 8:45 am]
BILLING CODE 4910-13-P