DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0691; Product Identifier 2020-NM-064-AD]
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-600-2B19 (Regional Jet Series
100 & 440) airplanes. This proposed AD was prompted by evidence that a
revised structural life limit of some components of the nose landing
gear (NLG) and/or main landing gear (MLG) was not implemented during
repair. This proposed AD would require verifying that the affected
components are installed on the airplane, revising the structural life
limits in the structural deviation inspection requirements (SDIR)
airplane document, and replacing affected components if necessary. 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 November
19, 2020.
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, Quebec, Canada,
J7N 1E1; 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 thd.crj@mhirj.com; 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-2020-0691;
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: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email 9-avs-nyaco-cos@faa.gov.
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 the ADDRESSES section. Include "Docket No. FAA-2020-0691;
Product Identifier 2020-NM-064-AD" 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 this NPRM 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 FAA 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 the
person identified in the FOR FURTHER INFORMATION CONTACT section. 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 Canadian AD CF-2020-09, dated April 7,
2020 (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. 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-2020-0691.
This proposed AD was prompted by evidence that some components of
the NLG and/or MLG were repaired using Bombardier Repair Engineering
Orders (REOs) that resulted in a specific airworthiness limitation
(SAL). In certain cases, the related SDIRs were not attached to the REO
when the parts were repaired and provided to the operator.
Consequently, the SDIR was not incorporated into the SDIR airplane
document and the revised life limit of the repaired NLG and/or MLG
components, as indicated in the SDIR, was not implemented. Those parts,
repaired by REO that resulted in an SDIR, have a structural life limit
that is lower than the life limit published in the Maintenance
Requirements Manual (MRM). The FAA is proposing this AD to address
structural life limits that are lower than the life limit published in
the MRM, Part 2. This condition, if not corrected, could lead to the
collapse of the affected NLG and/or MLG, possibly resulting in airplane
damage and injury to the occupants. See the MCAI for additional
background information.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Service Bulletin 601R-32-112, dated November
11, 2019. This service information describes procedures for verifying
that affected components are installed on the airplane, revising the
structural life limits in the SDIR airplane document, and replacing
affected parts if necessary.
The following service information describes certain repairs and
structural life limits for the NLG and MLG components. These documents
are distinct since they apply to different repair configurations.
Bombardier Repair Engineering Order (REO) 601R-32-11-086,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-11-089,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-11-183,
Revision B, dated January 15, 2013.
Bombardier Repair Engineering Order (REO) 601R-32-11-0367,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-0627,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-0630,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-634,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-11-0712,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-0783,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-786,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-835,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-11-0913,
Revision C, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-918,
Revision B, dated January 15, 2014.
Bombardier Repair Engineering Order (REO) 601R-32-11-921,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-11-0951,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-0955,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-956,
Revision A, dated January 15, 2014.
Bombardier Repair Engineering Order (REO) 601R-32-11-0958,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1017,
Revision A, dated July 15, 2011.
Bombardier Repair Engineering Order (REO) 601R-32-11-1041,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-11-1084,
Revision A, dated January 15, 2014.
Bombardier Repair Engineering Order (REO) 601R-32-11-1153,
Revision A, dated January 15, 2014.
Bombardier Repair Engineering Order (REO) 601R-32-11-1154,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1187,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1206,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1219,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1220,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1224,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1250,
Revision A, dated January 15, 2014.
Bombardier Repair Engineering Order (REO) 601R-32-11-1251,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1255,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1286,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1302,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1650,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-11-1673,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0225,
Revision C, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0227,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-414,
Revision A, dated February 25, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-21-489,
Revision A, dated October 29, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-21-0526,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-535,
Revision A, dated February 17, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-21-0536,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0555,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0557,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0562,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-570,
Revision A, dated February 25, 2015.
Bombardier Repair Engineering Order (REO) 601R-32-21-0635,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0661,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0663,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0685,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0689,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0691,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0692,
Revision C, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-0693,
Revision B, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-1002,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-21-1022,
Revision A, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-32-0056,
Revision C, dated January 23, 2019.
Bombardier Repair Engineering Order (REO) 601R-32-32-0076,
Revision B, dated January 23, 2019.
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 our 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 Requirements of this NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under "Differences Between this Proposed AD and the MCAI or Service
Information."
Costs of Compliance
The FAA estimates that this proposed AD affects 456 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 143 work-hours x $85 per
hour = Up to $12,155 |
Up to $103,114 |
Up to $115,269 |
Up to $52,562,664 |
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) 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 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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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