Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 28501-28503 [2021-11137]
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28501
Proposed Rules
Federal Register
Vol. 86, No. 101
Thursday, May 27, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0382; Project
Identifier MCAI–2021–00382–T]
RIN 2120–AA64
Airworthiness Directives; MHI RJ
Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt 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
proposed AD was prompted by a
determination that new airworthiness
limitations for structural inspections
and safe life components are necessary.
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new airworthiness
limitations. 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 July 12, 2021.
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.
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SUMMARY:
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• 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,
Que´bec 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.
Examining the AD Docket
You may examine the AD docket 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
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; 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 ADDRESSES. Include ‘‘Docket No.
FAA–2021–0382; Project Identifier
MCAI–2021–00382–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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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,
Suite 410, Westbury, NY 11590;
telephone 516–228–7300; fax 516–794–
5531; email 9-avs-nyaco-cos@faa.gov.
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–
2020–53, dated December 7, 2020 (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 at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0382.
This proposed AD was prompted by
a determination that new airworthiness
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Proposed Rules
limitations for structural inspections
and safe life components are necessary.
The FAA is proposing this AD to
address reduced structural integrity and
reduced controllability of the airplane.
See the MCAI for additional background
information.
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
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.
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.
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Proposed AD Requirements in This
NPRM
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new airworthiness
limitations.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance according to
paragraph (i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 554
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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16:46 May 26, 2021
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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 workhour 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 ×
$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
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.
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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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.):
Docket No. FAA–2021–0382; Project
Identifier MCAI–2021–00382–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by July 12, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC
airplanes identified in paragraphs (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 subsequent.
(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 Inspections.
(e) Unsafe Condition
This AD was prompted by a determination
that new 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 already
done.
(g) Maintenance or Inspection Program
Revision
Within 180 days after the effective date of
this AD, revise the existing 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
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Proposed Rules
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 the actions and
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
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(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.
(3) For service information identified in
this AD, contact MHI RJ Aviation ULC, 12655
Henri-Fabre Blvd., Mirabel, Que´bec J7N 1E1
Canada; Widebody Customer Response
Center North America toll-free telephone +1–
844–272–2720 or direct-dial telephone +1–
VerDate Sep<11>2014
16:46 May 26, 2021
Jkt 253001
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.
Issued on May 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–11137 Filed 5–26–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF STATE
22 CFR Part 120
[Public Notice: 11406]
RIN 1400–AF17
International Traffic in Arms
Regulations: Regular Employee
Department of State.
Proposed rule.
AGENCY:
ACTION:
The Department of State
proposes to amend the International
Traffic in Arms Regulations (ITAR) to
update the definition of regular
employee to allow subject persons to
work remotely, and to clarify the
contractual relationships that meet the
definition of regular employee.
DATES: Send comments on or before July
26, 2021.
ADDRESSES: Interested parties may
submit comments by one of the
following methods:
• Email: DDTCPublicComments@
state.gov, with the subject line ‘‘ITAR
Amendment: Regular Employee’’
• Internet: At www.regulations.gov,
search for this document using Docket
DOS–2021–0009.
Comments received after the
acceptance date may be considered if
feasible. Those submitting comments
should not include any personally
identifying information they do not
desire to be made public or information
for which a claim of confidentiality is
asserted. Comments and/or transmittal
emails will be made available for public
inspection and copying after the close of
the comment period via the Directorate
of Defense Trade Controls website at
www.pmddtc.state.gov. Parties who
wish to comment anonymously may
submit comments via
www.regulations.gov, leaving
identifying fields blank.
FOR FURTHER INFORMATION CONTACT: Ms.
Engda Wubneh, Foreign Affairs Officer,
Office of Defense Trade Controls Policy,
SUMMARY:
PO 00000
Frm 00003
Fmt 4702
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28503
U.S. Department of State, telephone
(202) 663–1809; email
DDTCCustomerService@state.gov.
ATTN: Regulatory Change, ITAR
Section 120.39: Regular Employee.
SUPPLEMENTARY INFORMATION: In March
2020, the President declared a national
emergency as a result of the COVID–19
pandemic. Subsequently, the
Department announced a temporary
suspension, modification, and exception
through July 31, 2020, of the
requirement that a regular employee, for
purposes of ITAR § 120.39(a)(2), work at
a company’s facilities. The temporary
measure allowed individuals to work
remotely provided they are not located
in Russia or a country listed in ITAR
§ 126.1 (85 FR 25287, May 1, 2020), and
still be considered regular employees
under the ITAR. The Department
requested and received comments
regarding the efficacy and duration of
this temporary measure (85 FR 35376,
June 10, 2020). Many commenters, one
industry association, and several
individual entities endorsed the
telework provisions and requested that
this measure be effective until the end
of the year, if not extended indefinitely.
Additionally, many commenters
mentioned that this temporary measure
allowed industry to continue their
business activities despite COVID–19 as
many employees could work remotely.
In response, this temporary measure
was extended until December 31, 2020
(85 FR 45513, July 29, 2020).
The Department is proposing to
amend ITAR § 120.39 permanently to
allow certain individuals to work
remotely, and further proposes to clarify
the contractual relationships that meet
the definition of regular employee. The
Department recognizes that the
workplace environment is evolving,
therefore, the current ‘‘regular
employee’’ criterion that an individual
must work at a company’s facilities will
be removed in the revised definition to
allow for remote work. The Department
also proposes to set forth clear criteria
that will allow regulated entities to treat
certain contractual staff as regular
employees for the purposes of the ITAR,
provided those individuals are
sufficiently subject to the employer’s
control such that the Department can
hold the regulated employer responsible
for the individual’s actions.
Further, the Department proposes to
codify the meaning of a ‘‘long term
contractual relationship’’ in ITAR
§ 120.39(a)(2) by clarifying in the
regulations that individuals must be
providing services to an entity under a
contract for a term of one year or more
(ITAR § 120.39(a)(2)(i)). The goal of this
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Agencies
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Proposed Rules]
[Pages 28501-28503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11137]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 /
Proposed Rules
[[Page 28501]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0382; Project Identifier MCAI-2021-00382-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).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt 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 proposed AD was
prompted by a determination that new airworthiness limitations for
structural inspections and safe life components are necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new airworthiness
limitations. 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 July 12,
2021.
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, Qu[eacute]bec 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 [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-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 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; fax 516-
794-5531; 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-2021-0382; Project Identifier
MCAI-2021-00382-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, Suite 410, Westbury, NY
11590; telephone 516-228-7300; fax 516-794-5531; 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-2020-53, dated December 7,
2020 (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 at https://www.regulations.gov by searching for
and locating Docket No. FAA-2021-0382.
This proposed AD was prompted by a determination that new
airworthiness
[[Page 28502]]
limitations for structural inspections and safe life components are
necessary. The FAA is proposing this AD to address reduced structural
integrity and reduced controllability of the airplane. See the MCAI for
additional background information.
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
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.
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 revising the existing maintenance or
inspection program, as applicable, to incorporate new airworthiness
limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 554 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed 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. 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).
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
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-2021-0382; Project Identifier MCAI-2021-00382-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 12, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC airplanes identified in
paragraphs (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 subsequent.
(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
Inspections.
(e) Unsafe Condition
This AD was prompted by a determination that new 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 already done.
(g) Maintenance or Inspection Program Revision
Within 180 days after the effective date of this AD, revise the
existing 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
[[Page 28503]]
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 the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.
(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 [email protected].
(3) For service information identified in this AD, contact MHI
RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec 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 [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 May 21, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-11137 Filed 5-26-21; 8:45 am]
BILLING CODE 4910-13-P