[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