Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes

[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Rules and Regulations]
[Pages 63943-63946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0011; Project Identifier MCAI-2021-00485-T; 
Amendment 39-22166; AD 2022-18-15]
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 
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 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 AD requires 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 issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 25, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 25, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 final rule, the mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
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 mhirj.com">thd.crj@mhirj.com; internet 
mhirj.com.
    <bullet> 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 at 
regulations.gov under Docket No. FAA-2022-0011.

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; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 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 regulations.gov by searching for and 
locating Docket No. FAA-2022-0011.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to 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. The NPRM published in the Federal Register on January 25, 
2022 (87 FR 3716). The NPRM 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 NPRM proposed to 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 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. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received one additional comment from MHI RJ Aviation. The 
following presents the comment received on the NPRM and the FAA's 
response.

Request for Clarification for Incorporating Temporary Revisions (TRs)

    MHI RJ Aviation requested that the proposed AD be revised to 
include provisional statement allowing the incorporation of TRs in 
their respective manuals. MHI RJ Aviation conceded that the provision 
that allows this may be included in paragraph (k) of the proposed AD, 
but noted that it is not clear. MHI RJ Aviation requested that the FAA 
consider adding a provision to avoid requests for alternative methods 
of compliance (AMOCs) from operators.

[[Page 63944]]

MHI RJ Aviation provided the status of each TR and whether or not the 
information in the TR has been incorporated into the MHI RJ Maintenance 
Requirements Manual (MRM).
    The FAA agrees to clarify. Paragraphs (h) and (j) of this AD 
require operators to ``incorporate the information specified in'' CRJ 
Series Regional Jet TR ALI-0740, dated October 13, 2020; CRJ Series 
Regional Jet TR ALI-0741, dated October 13, 2020; CRJ700/900/1000 
Series Regional Jet TR ALI-0751, dated April 8, 2021; TR 2S4-002, dated 
September 1, 2021; and TR 2S4-003, dated September 1, 2021. Therefore, 
as long as the information in the applicable MRM is identical to the 
information in the applicable TR, the operator may incorporate either 
the applicable MRM or the applicable TR to show compliance with this 
AD. 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 requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

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 TR 2S4-002, dated September 1, 
2021. This service information describes a Critical Design 
Configuration Control Limitation (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.
    <bullet> 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, which describe a 
procedure for removing and replacing self-bonding couplings in the fuel 
tank.
    <bullet> CRJ Series Regional Jet TR ALI-0740, dated October 13, 
2020, which 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.

Costs of Compliance

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

    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.

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.

[[Page 63945]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2022-18-15 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22166; Docket No. FAA-2022-0011; 
Project Identifier MCAI-2021-00485-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 25, 
2022.

(b) Affected 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 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) Additional 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 New York ACO 
Branch, mail it to ATTN: Program Manager, Continuing Operational 
Safety, at the address identified in paragraph (n)(2) of this AD or 
email to: [email protected]. If mailing information, also 
submit information by email. 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 refer to 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) Additional Information

    (1) Refer to TCCA CF-2021-16, dated April 26, 2021, for related 
information. This TCCA AD may be found in the AD docket at 
regulations.gov under 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; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (o)(3) and (4) of this AD.

(o) 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) MHI RJ Service Bulletin 601R-28-068, Revision A, dated 
December 21, 2020.

[[Page 63946]]

    (ii) MHI RJ Service Bulletin 670BA-28-041, Revision B, dated 
January 27, 2021.
    (iii) MHI RJ Temporary Revision (TR) 2S4-002, dated September 1, 
2021.
    (iv) MHI RJ TR 2S4-003, dated September 1, 2021.
    (v) [MHI RJ] CRJ Series Regional Jet TR ALI-0740, dated October 
13, 2020.
    (vi) [MHI RJ] CRJ Series Regional Jet TR ALI-0741, dated October 
13, 2020.
    (vii) [MHI RJ] CRJ700/900/1000 Series Regional Jet TR ALI-0751, 
dated April 8, 2021.
    (3) For MHI RJ Aviation ULC 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 mhirj.com">thd.crj@mhirj.com; internet 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: archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-22333 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-13-P

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