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:
For service information identified in this final rule,
contact MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand, Quebec J7H 0E2 Canada;
North America toll-free telephone 833-990-7272 or direct-dial telephone
450-990-7272; fax 514-855-8501; email thd.crj@mhirj.com; internet
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. 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 9-avs-nyaco-cos@faa.gov.
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.
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.
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.
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
hour = $1,785 |
Up to $5,837 |
Up to $7,622 |
Up to $6,966,508 |
* 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
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:
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