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2021-22-24 MHI RJ AVIATION ULC (TYPE CERTIFICATE PREVIOUSLY HELD BY BOMBARDIER, INC.): Amendment 39-21797; Docket No. FAA-2021-0382; Project Identifier MCAI-2021-00382-T.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) is effective December 29, 2021.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies to MHI RJ Aviation ULC  airplanes identified  in para-
    graphs (c)(1) through (3) of this AD, certificated in any category.

(1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and CL-600-2C11
    (Regional Jet Series 550)  airplanes,  serial numbers 10002 and subse-
    quent.

(2) Model CL-600-2D15 (Regional Jet Series 705)  and CL-600-2D24 (Regional
    Jet Series 900) airplanes, serial numbers 15001 and subsequent.

(3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, serial numbers
    19001 and subsequent.

(d) SUBJECT

    Air Transport Association (ATA) of America Code 05,  Periodic  Inspec-
    tions.

(e) UNSAFE CONDITION

    This AD was prompted by  a determination that new or  more restrictive
    airworthiness  limitations for  structural inspections  and safe  life
    components  are  necessary. The  FAA  is issuing  this  AD to  address
    reduced  structural  integrity  and  reduced  controllability  of  the
    airplane.

(f) COMPLIANCE

    Comply with this AD within the compliance times specified,  unless al-
    ready done.

(g) MAINTENANCE OR INSPECTION PROGRAM REVISION

    Within 180 days after the effective date of this AD, revise the exist-
    ing maintenance or inspection  program, as applicable, to  incorporate
    the airworthiness limitations for structural inspections and safe life
    components specified in paragraphs (g)(1) and (2) of this AD.

(1) The task number,  model effectivity, threshold, repeat cut-in, repeat,
    and task type  for  the  Section 2 structural inspections specified in
    paragraph 2.B.(2)(a)  of  the  Accomplishment Instructions  of  MHI RJ
    Service Bulletin 670BA-05-001, dated August 27, 2020.

(2) The task number, part number, model effectivity,  and discard time for
    the Section 3 safe life components specified  in  paragraph 2.B.(3)(a)
    of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-05
    -001, dated August 27, 2020.

(h) NO ALTERNATIVE ACTIONS AND INTERVALS

    After the existing maintenance or inspection program  has been revised
    as required by paragraph (g) of this AD, no alternative actions (e.g.,
    inspections)  or  intervals  may be used  unless  they are approved as
    specified in the provisions of paragraphs 2.B.(2)(a) and 2.B.(3)(a) of
    the Accomplishment Instructions  of  MHI RJ Service Bulletin 670BA-05-
    001, dated August 27, 2020.

(i) 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.

(j) RELATED INFORMATION

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) TCCA AD
    CF-2020-53, dated December 7, 2020, 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-2021-
    0382.

(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; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

(k) 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 670BA-05-001, dated August 27, 2020.

(ii) Reserved.

(3) For service information identified in this AD, contact MHI RJ Aviation
    ULC, 12655 Henri-Fabre Blvd., Mirabel, Quebec J7N 1E1 Canada; 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.

(4) You may view this service information at the FAA,  Airworthiness Prod-
    ucts 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 refer-
    ence at the National Archives and Records Administration  (NARA).  For
    information on the availability of this material  at  NARA,  email fr.
    inspection@nara.gov,   or   go  to:  https://www.archives.gov/federal-
    register/cfr/ibr-locations.html.

Issued on October 22, 2021. Lance T Gant, Director, Compliance & Airworth-
iness Division, Aircraft Certification Service.

FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, Aerospace Engineer, Air
-frame and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Ave-
nue, Suite 410, Westbury, NY 11590;  telephone 516-228-7300;  fax 516-794-
5531; email 9-avs-nyaco-cos@faa.gov.
PREAMBLE 

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0382; Project Identifier MCAI-2021-00382-T;
Amendment 39-21797; AD 2021-22-24]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain 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 AD was prompted
by a determination that new or more restrictive airworthiness
limitations for structural inspections and safe life components are
necessary. This AD requires 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 December 29, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 29,
2021.

ADDRESSES: For service information identified in this final rule,
contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel,
Quebec J7N 1E1 Canada; 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. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0382.

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-2021-
0382; 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, 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.

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; fax 516-
794-5531; 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-2020-53, dated December 7,
2020 (TCCA AD CF-2020-53) (also 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-600-2C10
(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 on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2021-0382.
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-600-2C10 (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. The NPRM published in the Federal Register on
May 27, 2021 (86 FR 28501). The NPRM was prompted by a determination
that new airworthiness limitations for structural inspections and safe
life components are necessary. The NPRM proposed to require revising
the existing maintenance or inspection program, as applicable, to
incorporate new airworthiness limitations. The FAA is issuing this AD
to address reduced structural integrity and reduced controllability of
the airplane. See the MCAI for additional background information.

Comments

The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment.

Request To Withdraw the NPRM

Air Wisconsin Airlines (Air Wisconsin) requested that the FAA
withdraw the NPRM. Air Wisconsin stated that the FAA should require the
normal approval routing for revisions to the maintenance requirements
manual (MRM) and review the tasks for genuine safety of flights
concerns. Air Wisconsin opined that MHI RJ Aviation was trying to force
FAA approval of any revision to their maintenance review board (MRB),
which then intrudes on an operator's ability to reasonably manage their
approved maintenance program. Air Wisconsin concluded that, if
successful, the FAA will not need to be asked again to review any
revision to any of the documents MHI RJ Aviation wants to push through
but will only go to Transport Canada to issue an AD.
The FAA disagrees with the request to withdraw the NPRM. The FAA
approved the MRM at Revision 23 and Revision 24 via the Implementation
Procedures for Airworthiness (IPA) agreement in place between the U.S.
and Canada. The IPA agreement can be found on FAA's website if Air
Wisconsin would like to review it further.
In addition, this AD is necessary to address the identified unsafe
condition. The FAA issues ADs to require actions to address unsafe
conditions that are not otherwise being addressed (or are not addressed
adequately) by normal maintenance procedures. The FAA may address such
unsafe conditions by requiring revisions to existing maintenance or
inspection programs, as applicable, as a condition under which
airplanes may continue to be operated. Since the specific revision of
the airworthiness limitations issued at the time an airplane is
produced must be followed for that airplane, as specified in 14 CFR
21.31(c). Later revisions of the airworthiness limitation document are
not required to be incorporated into the maintenance or inspection
program for that airplane unless an AD mandates those revisions.
Therefore, the FAA has determined that it is necessary to issue this
final rule.

Request To Clarify ``New'' Airworthiness Limitations

Air Wisconsin stated that paragraph (e) of the proposed AD
specifies that these are ``new'' airworthiness limitations for
structural inspections and safe life components; however many, if not
all of these already exist in the FAA-approved MRM at Revision 21. Air
Wisconsin also noted that paragraph (f) of the proposed AD states to
comply with this AD ``within the compliance times specified, unless
already done'' and noted that not all the tasks in MRM Revision 23 are
newly introduced.
The FAA agrees to clarify that for any tasks already in an
operator's maintenance or inspection program, there is no action
required by this AD as the operator has already incorporated those
tasks into its maintenance or inspection program. Only new or more
restrictive airworthiness limitations must be incorporated. The FAA has
revised the Summary, Related Service Information under 1 CFR part 51,
and paragraph (e) of this AD to better describe the airworthiness
limitations as ``new or more restrictive'' airworthiness limitations.

Request To Clarify How ``Unapproved'' Actions Could Already Be Done

Air Wisconsin asked how ``unapproved'' actions could already be
done. Air Wisconsin stated ``Revision 23 or 24 [of the MRM] have not
been FAA approved'' and are referred to in the service information
specified in paragraph (g)(1) of the proposed AD. Air Wisconsin also
stated that paragraph (g)(2) of the proposed AD refers to service
information that requires the incorporation of ``FAA unapproved version
of the MRM revision 23 or subsequent'' and said it seems as though this
is a flagrant usurpation to force FAA approval of a document previously
rejected by the FAA.
The FAA notes that both MRM Revision 23 and 24 are FAA approved via
the IPA agreement in place with TCCA. In addition, the FAA has
confirmed that the MRM at Revision 23 and 24 were never rejected by the
FAA. The FAA approval process is not affected by this AD.
The background of the NPRM refers to the MCAI that provides more
clarity that there may be some tasks revised, added, or deleted. As the
Revision 23 and 24 of the MRM are published and FAA approved, prior to
mandating the MRM as identified in this AD, operators might have
already complied with the actions in the documents. Therefore,
operators could have already complied with the actions prior to the
effective date of this AD.
For clarity, the FAA is mandating the tasks specified in the MRM at
Revision 23 at least at this time. However, as noted in the service
information, operators may incorporate the specified items in revision
23 or subsequent revisions of the MRM. Operators cannot incorporate
specified items in any revision before revision 23.

Request To Clarify if Alternative Methods of Compliance (AMOCs) Are
Needed for Operators With an Approved Reliability Program


Air Wisconsin requested that the FAA clarify if AMOCs are needed
for operators that have an approved reliability program. Air Wisconsin
stated that paragraph (h) of the proposed AD states that ``after the
existing maintenance or inspection program has been revised as required
by paragraph (g), no alternative actions (e.g., inspections) or
intervals may be used unless the actions and intervals are approved as
an AMOC.''
The FAA acknowledges the commenter's request and has revised
paragraph (h) of this AD for clarification. An AMOC is not needed when
operators incorporate a subsequent revision of the MRM completely. The
FAA has revised paragraph (h) of this AD to remove the reference to the
AMOC paragraph to state ``After the existing maintenance or inspection
program has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals may be used unless
they are approved as specified in the provisions of paragraphs
2.B.(2)(a) and 2.B.(3)(a) of the Accomplishment Instructions of
MHI RJ Service Bulletin 670BA-05-001, dated August 27, 2020.''

Request To Clarify if AMOCs Are Needed for Changes in the Intervals

Air Wisconsin requested that the FAA clarify if AMOCs are needed
for changes in the intervals that occur in subsequent revisions. Air
Wisconsin noted that intervals may be different due to when they were
incorporated. Air Wisconsin asked, if MHI RJ Aviation changes the
intervals in subsequent revisions, would MHI RJ Aviation be required to
request a global AMOC to accommodate the subsequent interval change.
The FAA notes that operators are not required to incorporate later
revisions of the MRM unless the FAA mandates those revisions in a new
AD. However, for operators that do incorporate any later revisions of
the MRM after Revision 23, an AMOC is not required. The FAA further
notes that whichever subsequent revision an operator incorporates, it
must do so completely. An AMOC is only needed if an operator wants to
incorporate a different interval than the interval specified in the MRM
that the operator has incorporated for compliance with this AD.

Request To Clarify Compliance With the Tasks

Air Wisconsin requested that FAA clarify how the FAA, or anyone
else, would determine if an operator is in compliance with the tasks.
Air Wisconsin stated the MHI RJ Service Bulletin 670BA-05-001, dated
August 27, 2020, does not specify intervals for the tasks. Further, Air
Wisconsin requested that the FAA explain how operators would show
compliance with the proposed AD in five years.
The FAA notes that as required by paragraph (g)(1) of this AD
everything within paragraph 2.B.(2)(a) of the Accomplishment
Instructions of MHI RJ Service Bulletin 670BA-05-001, dated August 27,
2020, must be followed completely. Specifically that paragraph states
``Make sure that your approved maintenance program includes all the
applicable items listed in the revision 23 or subsequent of the MRM
(Manual CSP B-53) Part 2 Airworthiness Limitation Items (ALIs), Section
2 Structural Inspections and obey the instructions . . . .'' The MRM
contains the intervals (repeat cut-in and repeat compliance times as
well as the threshold), in addition to the other category items
specified in the service bulletin. The FAA notes that requiring
restrictive airworthiness limitation tasks must be mandated through an
AD in order to ensure U.S. operators comply with the task restrictions
and timeframe. This AD requires incorporation of these tasks and
compliance with these tasks is required by 14 CFR 91.403(c).

Conclusion

The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51


MHI RJ Aviation ULC has issued MHI RJ Service Bulletin 670BA-05-
001, dated August 27, 2020. This service information describes new or
more restrictive airworthiness limitations for structural inspections
and safe life 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.

Costs of Compliance

The FAA estimates that this AD affects 554 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
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.
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).

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.

Adoption of 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: