Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 80579-80582 [2023-25494]
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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
(a) Effective Date
This airworthiness directive (AD) is
effective December 26, 2023.
(b) Affected ADs
This AD replaces AD 2021–08–02,
Amendment 39–21496 (86 FR 26651, May 17,
2021).
(c) Applicability
This AD applies to Safran Helicopter
Engines, S.A. (type certificate previously
held by Turbomeca, S.A.) Model Arriel 2D
and Arriel 2E engines.
(j) Additional Information
For more information about this AD,
contact Kevin Clark, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (781) 238–
7088; email: kevin.m.clark@faa.gov.
(d) Subject
Joint Aircraft Service Component (JASC)
Code 7250, Turbine section.
(e) Unsafe Condition
This AD was prompted by the
manufacturer revising the airworthiness
limitations section (ALS) of the existing
engine maintenance manual (EMM) to
introduce new or more restrictive tasks and
limitations for certain life-limited parts. The
FAA is issuing this AD to prevent failure of
life-limited parts. The unsafe condition, if
not addressed, could result in uncontained
release of a critical part, damage to the
engine, and damage to the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) Within 90 days after the effective date
of this AD, revise the ALS of the existing
EMM or instructions for continued
airworthiness and the existing approved
maintenance or inspection program, as
applicable, by incorporating the actions
specified in paragraph (1) of European Union
Aviation Safety Agency (EASA) AD 2022–
0083, dated May 11, 2022 (EASA AD 2022–
0083).
(2) The owner/operator (pilot) holding at
least a private pilot certificate may perform
the action required by paragraph (g)(1) of this
AD for your engine and must enter
compliance with the applicable paragraphs of
this AD into the engine maintenance records
in accordance with 14 CFR 43.9(a) and
91.417(a)(2)(v). The record must be
maintained as required by 14 CFR 91.417,
121.380, or 135.439.
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(h) Provisions for Alternative Actions and
Intervals
After the actions required by paragraph (g)
of this AD have been done, no alternative
actions and associated thresholds and
intervals, including life limits, are allowed
unless they are approved as specified in the
provisions of the ‘‘Ref Publication’’ section of
EASA AD 2022–0083.
(i) Alternative Methods of Compliance
(AMOCs)
The Manager, International Validation
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 local
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Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j) of this AD and
email to: ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2022–0083, dated May 11, 2022.
(ii) [Reserved]
(3) For EASA AD 2022–0083, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu. You may find
this material on the EASA website at
ad.easa.europa.eu.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on October 26, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–25527 Filed 11–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1404; Project
Identifier MCAI–2023–00451–T; Amendment
39–22584; AD 2023–21–12]
RIN 2120–AA64
Airworthiness Directives; MHI RJ
Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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ACTION:
80579
Final rule.
The FAA is adopting a new
airworthiness directive (AD) for all MHI
RJ Aviation ULC Model CL–600–2B19
(Regional Jet Series 100 & 440)
airplanes. This AD was prompted by a
report of missing insulation in the
engine pylon area. This AD requires, for
certain airplanes, inspecting the engine
pylon structure for discrepancies and
repair if necessary. This AD also
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate a new
certification maintenance requirement
(CMR) task. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective December
26, 2023.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 26, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1404; 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 GrandesTourelles, Suite 110, Boisbriand,
Que´bec J7H 0E2 Canada; North America
toll-free telephone 833–990–7272 or
direct-dial telephone 450–990–7272;
email: thd.crj@mhirj.com; website:
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–
2023–1404.
FOR FURTHER INFORMATION CONTACT:
Fatin Saumik, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@
faa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to all MHI RJ Aviation ULC Model
CL–600–2B19 (Regional Jet Series 100 &
440) airplanes. The NPRM published in
the Federal Register on July 12, 2023
(88 FR 44226). The NPRM was
prompted by AD CF–2023–19, dated
March 13, 2023 (Transport Canada AD
CF–2023–19) (also referred to after this
as the MCAI), issued by Transport
Canada, which is the aviation authority
for Canada. The MCAI states there was
a report of a missing 12-inch piece of
insulation in the 14th stage bleed ducts
installed in both left hand (LH) and
right hand (RH) engine pylon areas.
In the NPRM, the FAA proposed to
require, for certain airplanes, inspecting
the engine pylon structure for
discrepancies and repair if necessary.
The NPRM also proposed to require
revising the existing maintenance or
inspection program, as applicable, to
incorporate a new CMR task.
The FAA is issuing this AD to address
missing or damaged insulation in the
engine pylon area. The unsafe
condition, if not addressed, could result
in the bleed duct to radiate heat to the
surrounding structure and, if not
corrected, could lead to the loss of the
structural integrity of the engine pylon
and possible loss of the engine.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1404.
Discussion of Final Airworthiness
Directive
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Comments
The FAA received comments from Air
Line Pilots Association, International
(ALPA) who supported the NPRM
without change.
The FAA received additional
comments from Air Wisconsin Airlines
and MHI RJ Aviation ULC (MHI RJ). The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request To Refer New Temporary
Revision
MHI RJ requested that the FAA revise
the proposed AD to refer to MHI RJ
Temporary Revision 2A–77, dated May
8, 2023, which was issued to revise the
phase-in (initial) compliance time in
MHI RJ Temporary Revision 2A–76,
dated September 29, 2022, from 40
months to 48 months.
The FAA concurs with the request
and has revised paragraph (h) of this AD
to refer to MHI RJ Temporary Revision
2A–77, dated May 8, 2023, for the new
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CMR task. The FAA has also provided
credit for using MHI RJ Temporary
Revision 2A–76, dated September 29,
2022, in paragraph (j)(2) of this AD. The
CMR task and interval is the same in
both temporary revisions. In addition,
there is no change to initial compliance
time because paragraph (j) of the
proposed AD did not refer to MHI RJ
Temporary Revision 2A–76, dated
September 29, 2022, for the initial
compliance time and instead specified
‘‘The initial compliance time for doing
the task is within 48 months or 6,600
flight hours, whichever occurs first after
the effective date of this AD.’’ The
compliance time change in MHI RJ
Temporary Revision 2A–77, dated May
8, 2023, is within the initial compliance
time specified in this AD.
Request To Revise Compliance Time
MHI RJ stated it noticed that the FAA
is re-starting the clock in paragraph (h)
of the proposed AD from the effective
date of the AD rather than the issue date
of the temporary revision: MHI RJ states
that the task interval should start from
September 29, 2022, which is the issue
date of MHI RJ Temporary Revision 2A–
76. MHI RJ stated that, in this particular
case, the start of the compliance from
September 29, 2022, is critical for safety.
The FAA infers that MHI RJ is
requesting that the agency reduce the
initial compliance time specified in
paragraph (h) of this AD by referring to
the September 29, 2022, date instead of
the effective date of this AD.
The FAA acknowledges MHI RJ’s
concern. However, reducing the
compliance time in paragraph (h) of this
AD would result in a more restrictive
compliance time that would necessitate
issuing a supplemental NPRM, delaying
the issuance of the final rule. Since the
detailed visual inspection of spar
FS654.50, spar FS672.20, and the
firewall for discrepancies specified in
paragraph (g) of this AD would be
delayed if a supplemental NPRM is
issued, any increase in the level of
safety by reducing the compliance time
in paragraph of (h) of this AD may be
offset by delaying the inspections in
paragraph (g) of this AD. The FAA has
determined to delay this action is not
appropriate in this case as the
compliance times in this AD will ensure
an acceptable level of safety.
Request To Clarify Compliance Time
Air Wisconsin Airlines asked if the
‘‘40 months’’ specified in MHI RJ
Temporary Revision 2A–76, dated
September 29, 2022, is in error. Air
Wisconsin Airlines noted that both
paragraphs (g) and (h) of the proposed
AD mention ‘‘within 48 months.’’
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The FAA agrees to clarify. As stated
previously, MHI RJ Temporary Revision
2A–76, dated September 29, 2022, was
revised by MHI RJ Temporary Revision
2A–77, dated May 8, 2023, to correct the
‘‘40 months’’ and change it to ‘‘48
months.’’ The FAA has not changed this
AD in this regard.
Request To Revise Language in
Paragraph (e) of the Proposed AD
MHI RJ requested that the proposed
AD should not only mention missing
insulation but damaged insulation as
well and stated the sentence in
paragraph (e) of the proposed AD
should read: ‘‘The FAA is issuing this
AD to address missing or damaged
insulation in the engine pylon area.’’
The FAA concurs and has revised
paragraph (e) of this AD accordingly.
The tasks associated with the new CMR
task specifies inspecting for damaged
insulation as well as missing insulation.
Therefore, it is accurate to state that the
FAA is issuing this AD to address both
conditions.
Conclusion
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 this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
reviewed the relevant data, considered
the comments received, and determined
that air safety requires adopting this AD
as proposed. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on this product. Except for
minor editorial changes, and any other
changes described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Related Service Information Under 1
CFR Part 51
The FAA reviewed MHI RJ Service
Bulletin 601R–54–006, Revision A,
dated May 24, 2023. This service
information specifies procedures for
doing a detailed visual inspection of
spar FS654.50, spar FS672.20, and the
firewall for discrepancies, including
corrosion, cracks, web waviness or
flatness and damaged fasteners.
The FAA reviewed MHI RJ Temporary
Revision 2A–77, dated May 8, 2023.
This service information specifies a new
CMR task, number C36–12–133–01,
‘‘Detailed Visual Inspection for missing
insulation/heat shield on the 14th stage
bleed duct, running through the pylon
area between FS654 and FS672.’’
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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
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 338 airplanes of U.S. registry.
80581
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
6 work-hours × $85 per hour = $510 ..........................................................................................
$0
$510
$172,380
* This table does not include the cost of revising the existing maintenance or inspection program.
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
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 agency
estimates the average total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition repairs specified in
this AD.
Authority for This Rulemaking
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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
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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.
(d) Subject
Air Transport Association (ATA) of
America Code: 36, Pneumatic.
List of Subjects in 14 CFR Part 39
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–21–12 MHI RJ Aviation ULC (Type
Certificate Previously Held by
Bombardier, Inc.): Amendment 39–
22584; Docket No. FAA–2023–1404;
Project Identifier MCAI–2023–00451–T.
(a) Effective Date
This airworthiness directive (AD) is
effective December 26, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation
ULC (Type Certificate previously held by
Bombardier, Inc.) Model CL–600–2B19
(Regional Jet Series 100 & 440) airplanes,
certificated in any category.
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(e) Unsafe Condition
This AD was prompted by a report of
missing insulation in the engine pylon area.
The FAA is issuing this AD to address
missing or damaged insulation in the engine
pylon area. The unsafe condition, if not
addressed, could result in the bleed duct to
radiate heat to the surrounding structure and,
if not corrected, could lead to the loss of the
structural integrity of the engine pylon and
possible loss of the engine.
(g) Detailed Visual Inspection
For airplanes having serial numbers 7031,
7045, 7069, 7078, 7089, 7102, 7110, 7168,
7188, 7203, 7212, 7217, 7229, 7231, 7236,
7243, 7257, 7258, 7269, 7271, 7276, 7284,
7290, 7302, 7304, 7306, 7310, 7328, 7339,
7342, 7355, 7358, 7360, 7401, 7404, 7437,
7441, 7448, 7458, 7474, 7476, 7479, 7495,
7502, 7503, 7517, 7527, 7530, 7532, 7548,
7551, 7574, 7575, 7579, 7582, 7586, 7588,
7599, 7600, 7606, 7609, 7623, 7632, 7648,
7657, 7658, 7664, 7667, 7674, 7681, 7682,
7683, 7687, 7715, 7727, 7743, 7748, 7749,
7750, 7758, 7760, 7769, 7780, 7810, 7817,
7818, 7821, 7822, 7857, 7859, 7871, 7873,
7889, 7892, 7895, 7909, 7912, 7913, 7920,
7922, 7923, 7926, 7929, 7932, 7935, 7937,
7954, 7961, 7964, and 8011: Within 48
months or 6,600 flight hours, whichever
occurs first after the effective date of this AD,
do a detailed visual inspection for
discrepancies of spar FS654.50, spar
FS672.20, and the firewall, in accordance
with Section 2.B. of the Accomplishment
Instructions of MHI RJ Service Bulletin
601R–54–006, Revision A, dated May 24,
2023. If any discrepancies are found, before
further flight, repair using a method
approved by the Manager, International
Validation Branch, FAA; or Transport
Canada or MHI RJ Aviation ULC’s Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(h) Maintenance or Inspection Program
Revision
Within 60 days after the effective date of
this AD, revise the existing maintenance or
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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
inspection program, as applicable, to
incorporate the information specified in MHI
RJ Temporary Revision 2A–77, dated May 8,
2023, for certification maintenance
requirements task number C36–12–133–01.
The initial compliance time for doing the
task is within 48 months or 6,600 flight
hours, whichever occurs first after the
effective date of this AD.
(i) No Alternative Actions or Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (h) 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 (k)(1) of this AD.
(j) 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–54–006, dated
September 13, 2022.
(2) This paragraph provides credit for
actions required by paragraph (h) of this AD,
if those actions were performed before the
effective date of this AD using MHI RJ
Temporary Revision 2A–76, dated September
29, 2022.
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(k) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation 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, International Validation
Branch, mail it to the address identified in
paragraph (l)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. 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, International Validation
Branch, FAA; or Transport Canada or MHI RJ
Aviation ULC’s Transport Canada DAO. If
approved by the DAO, the approval must
include the DAO-authorized signature.
(l) Additional Information
(1) Refer to Transport Canada AD CF–
2023–19, dated March 13, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1404.
(2) For more information about this AD,
contact Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
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(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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–54–006,
Revision A, dated May 24, 2023.
(ii) MHI RJ Temporary Revision 2A–77,
dated May 8, 2023.
(3) For service information identified in
this AD, contact MHI RJ Aviation Group,
Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand,
Que´bec J7H 0E2 Canada; North America tollfree telephone 833–990–7272 or direct-dial
telephone 450–990–7272; email: thd.crj@
mhirj.com; website: mhirj.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
with part number (P/N) UL37606,
UL37607, UL37608, UL37722, or
UL37790, installed. This AD was
prompted by an updated analysis by the
engine manufacturer, which indicates
certain part-numbered and serialnumbered LPT stage 1 disks that have
undergone rework could fail before the
current published life limits. This AD
retains the requirement to replace the
LPT stage 1 disk and includes
additional LPT stage 1 disks, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective December
26, 2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 26, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1399; 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
Issued on October 20, 2023.
continuing airworthiness information
Ross Landes,
(MCAI), any comments received, and
Deputy Director for Regulatory Operations,
other information. The address for
Compliance & Airworthiness Division,
Docket Operations is U.S. Department of
Aircraft Certification Service.
Transportation, Docket Operations, M–
[FR Doc. 2023–25494 Filed 11–17–23; 8:45 am]
30, West Building Ground Floor, Room
BILLING CODE 4910–13–P
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Material Incorporated by Reference:
DEPARTMENT OF TRANSPORTATION
• For service information identified
in this final rule, contact EASA, KonradFederal Aviation Administration
Adenauer-Ufer 3, 50668 Cologne,
Germany; phone: +49 221 8999 000;
14 CFR Part 39
email: ADs@easa.europa.eu; website:
[Docket No. FAA–2023–1399; Project
easa.europa.eu. You may find this
Identifier MCAI–2022–01533–E; Amendment
material on the EASA website at
39–22585; AD 2023–22–01]
ad.easa.europa.eu.
RIN 2120–AA64
• You may view this service
information at the FAA, Airworthiness
Airworthiness Directives; Rolls-Royce
Products Section, Operational Safety
Deutschland Ltd & Co Engines
Branch, 1200 District Avenue,
Burlington, MA 01803. For information
AGENCY: Federal Aviation
on the availability of this material at the
Administration (FAA), DOT.
FAA, call (817) 222–5110. It is also
ACTION: Final rule.
available at regulations.gov under
Docket No. FAA–2023–1399.
SUMMARY: The FAA is superseding
Airworthiness Directive (AD) 2020–15–
FOR FURTHER INFORMATION CONTACT:
07 for certain Rolls-Royce Deutschland
Sungmo Cho, Aviation Safety Engineer,
Ltd & Co KG (RRD) (type certificate
FAA, 2200 South 216th Street, Des
previously held by Rolls-Royce plc)
Moines, WA 98198; phone: (781) 238–
Model RB211–524G2–19, RB211–
7241; email: Sungmo.D.Cho@faa.gov.
524G2–T–19, RB211–524G3–19, RB211– SUPPLEMENTARY INFORMATION:
524G3–T–19, RB211–524H2–19,
Background
RB211–524H2–T–19, RB211–524H–36,
and RB211–524H–T–36 engines. AD
The FAA issued a notice of proposed
2020–15–07 required replacement of the rulemaking (NPRM) to amend 14 CFR
low-pressure turbine (LPT) stage 1 disk
part 39 to supersede AD 2020–15–07,
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
E:\FR\FM\20NOR1.SGM
20NOR1
]]>Agencies
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80579-80582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25494]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1404; Project Identifier MCAI-2023-00451-T;
Amendment 39-22584; AD 2023-21-12]
RIN 2120-AA64
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. This AD was prompted by a report of missing insulation in
the engine pylon area. This AD requires, for certain airplanes,
inspecting the engine pylon structure for discrepancies and repair if
necessary. This AD also requires revising the existing maintenance or
inspection program, as applicable, to incorporate a new certification
maintenance requirement (CMR) task. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective December 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 26,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1404; 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, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone 833-990-7272 or direct-dial telephone
450-990-7272; email: mhirj.com">thd.crj@mhirj.com; website: 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-2023-1404.
FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 80580]]
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all MHI RJ Aviation ULC
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM
published in the Federal Register on July 12, 2023 (88 FR 44226). The
NPRM was prompted by AD CF-2023-19, dated March 13, 2023 (Transport
Canada AD CF-2023-19) (also referred to after this as the MCAI), issued
by Transport Canada, which is the aviation authority for Canada. The
MCAI states there was a report of a missing 12-inch piece of insulation
in the 14th stage bleed ducts installed in both left hand (LH) and
right hand (RH) engine pylon areas.
In the NPRM, the FAA proposed to require, for certain airplanes,
inspecting the engine pylon structure for discrepancies and repair if
necessary. The NPRM also proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate a new
CMR task.
The FAA is issuing this AD to address missing or damaged insulation
in the engine pylon area. The unsafe condition, if not addressed, could
result in the bleed duct to radiate heat to the surrounding structure
and, if not corrected, could lead to the loss of the structural
integrity of the engine pylon and possible loss of the engine.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1404.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received additional comments from Air Wisconsin Airlines
and MHI RJ Aviation ULC (MHI RJ). The following presents the comments
received on the NPRM and the FAA's response to each comment.
Request To Refer New Temporary Revision
MHI RJ requested that the FAA revise the proposed AD to refer to
MHI RJ Temporary Revision 2A-77, dated May 8, 2023, which was issued to
revise the phase-in (initial) compliance time in MHI RJ Temporary
Revision 2A-76, dated September 29, 2022, from 40 months to 48 months.
The FAA concurs with the request and has revised paragraph (h) of
this AD to refer to MHI RJ Temporary Revision 2A-77, dated May 8, 2023,
for the new CMR task. The FAA has also provided credit for using MHI RJ
Temporary Revision 2A-76, dated September 29, 2022, in paragraph (j)(2)
of this AD. The CMR task and interval is the same in both temporary
revisions. In addition, there is no change to initial compliance time
because paragraph (j) of the proposed AD did not refer to MHI RJ
Temporary Revision 2A-76, dated September 29, 2022, for the initial
compliance time and instead specified ``The initial compliance time for
doing the task is within 48 months or 6,600 flight hours, whichever
occurs first after the effective date of this AD.'' The compliance time
change in MHI RJ Temporary Revision 2A-77, dated May 8, 2023, is within
the initial compliance time specified in this AD.
Request To Revise Compliance Time
MHI RJ stated it noticed that the FAA is re-starting the clock in
paragraph (h) of the proposed AD from the effective date of the AD
rather than the issue date of the temporary revision: MHI RJ states
that the task interval should start from September 29, 2022, which is
the issue date of MHI RJ Temporary Revision 2A-76. MHI RJ stated that,
in this particular case, the start of the compliance from September 29,
2022, is critical for safety. The FAA infers that MHI RJ is requesting
that the agency reduce the initial compliance time specified in
paragraph (h) of this AD by referring to the September 29, 2022, date
instead of the effective date of this AD.
The FAA acknowledges MHI RJ's concern. However, reducing the
compliance time in paragraph (h) of this AD would result in a more
restrictive compliance time that would necessitate issuing a
supplemental NPRM, delaying the issuance of the final rule. Since the
detailed visual inspection of spar FS654.50, spar FS672.20, and the
firewall for discrepancies specified in paragraph (g) of this AD would
be delayed if a supplemental NPRM is issued, any increase in the level
of safety by reducing the compliance time in paragraph of (h) of this
AD may be offset by delaying the inspections in paragraph (g) of this
AD. The FAA has determined to delay this action is not appropriate in
this case as the compliance times in this AD will ensure an acceptable
level of safety.
Request To Clarify Compliance Time
Air Wisconsin Airlines asked if the ``40 months'' specified in MHI
RJ Temporary Revision 2A-76, dated September 29, 2022, is in error. Air
Wisconsin Airlines noted that both paragraphs (g) and (h) of the
proposed AD mention ``within 48 months.''
The FAA agrees to clarify. As stated previously, MHI RJ Temporary
Revision 2A-76, dated September 29, 2022, was revised by MHI RJ
Temporary Revision 2A-77, dated May 8, 2023, to correct the ``40
months'' and change it to ``48 months.'' The FAA has not changed this
AD in this regard.
Request To Revise Language in Paragraph (e) of the Proposed AD
MHI RJ requested that the proposed AD should not only mention
missing insulation but damaged insulation as well and stated the
sentence in paragraph (e) of the proposed AD should read: ``The FAA is
issuing this AD to address missing or damaged insulation in the engine
pylon area.''
The FAA concurs and has revised paragraph (e) of this AD
accordingly. The tasks associated with the new CMR task specifies
inspecting for damaged insulation as well as missing insulation.
Therefore, it is accurate to state that the FAA is issuing this AD to
address both conditions.
Conclusion
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed MHI RJ Service Bulletin 601R-54-006, Revision A,
dated May 24, 2023. This service information specifies procedures for
doing a detailed visual inspection of spar FS654.50, spar FS672.20, and
the firewall for discrepancies, including corrosion, cracks, web
waviness or flatness and damaged fasteners.
The FAA reviewed MHI RJ Temporary Revision 2A-77, dated May 8,
2023. This service information specifies a new CMR task, number C36-12-
133-01, ``Detailed Visual Inspection for missing insulation/heat shield
on the 14th stage bleed duct, running through the pylon area between
FS654 and FS672.''
[[Page 80581]]
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 338 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510........................... $0 $510 $172,380
----------------------------------------------------------------------------------------------------------------
* This table does not include the cost of revising the existing maintenance or inspection program.
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency 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 agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-21-12 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-22584; Docket No. FAA-2023-1404;
Project Identifier MCAI-2023-00451-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 26,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) Model CL-600-2B19 (Regional Jet
Series 100 & 440) airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 36, Pneumatic.
(e) Unsafe Condition
This AD was prompted by a report of missing insulation in the
engine pylon area. The FAA is issuing this AD to address missing or
damaged insulation in the engine pylon area. The unsafe condition,
if not addressed, could result in the bleed duct to radiate heat to
the surrounding structure and, if not corrected, could lead to the
loss of the structural integrity of the engine pylon and possible
loss of the engine.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Detailed Visual Inspection
For airplanes having serial numbers 7031, 7045, 7069, 7078,
7089, 7102, 7110, 7168, 7188, 7203, 7212, 7217, 7229, 7231, 7236,
7243, 7257, 7258, 7269, 7271, 7276, 7284, 7290, 7302, 7304, 7306,
7310, 7328, 7339, 7342, 7355, 7358, 7360, 7401, 7404, 7437, 7441,
7448, 7458, 7474, 7476, 7479, 7495, 7502, 7503, 7517, 7527, 7530,
7532, 7548, 7551, 7574, 7575, 7579, 7582, 7586, 7588, 7599, 7600,
7606, 7609, 7623, 7632, 7648, 7657, 7658, 7664, 7667, 7674, 7681,
7682, 7683, 7687, 7715, 7727, 7743, 7748, 7749, 7750, 7758, 7760,
7769, 7780, 7810, 7817, 7818, 7821, 7822, 7857, 7859, 7871, 7873,
7889, 7892, 7895, 7909, 7912, 7913, 7920, 7922, 7923, 7926, 7929,
7932, 7935, 7937, 7954, 7961, 7964, and 8011: Within 48 months or
6,600 flight hours, whichever occurs first after the effective date
of this AD, do a detailed visual inspection for discrepancies of
spar FS654.50, spar FS672.20, and the firewall, in accordance with
Section 2.B. of the Accomplishment Instructions of MHI RJ Service
Bulletin 601R-54-006, Revision A, dated May 24, 2023. If any
discrepancies are found, before further flight, repair using a
method approved by the Manager, International Validation Branch,
FAA; or Transport Canada or MHI RJ Aviation ULC's Transport Canada
Design Approval Organization (DAO). If approved by the DAO, the
approval must include the DAO-authorized signature.
(h) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance or
[[Page 80582]]
inspection program, as applicable, to incorporate the information
specified in MHI RJ Temporary Revision 2A-77, dated May 8, 2023, for
certification maintenance requirements task number C36-12-133-01.
The initial compliance time for doing the task is within 48 months
or 6,600 flight hours, whichever occurs first after the effective
date of this AD.
(i) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (h) 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 (k)(1) of this AD.
(j) 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-54-006,
dated September 13, 2022.
(2) This paragraph provides credit for actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using MHI RJ Temporary Revision 2A-76,
dated September 29, 2022.
(k) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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,
International Validation Branch, mail it to the address identified
in paragraph (l)(2) of this AD or email to: [email protected]. 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, International
Validation Branch, FAA; or Transport Canada or MHI RJ Aviation ULC's
Transport Canada DAO. If approved by the DAO, the approval must
include the DAO-authorized signature.
(l) Additional Information
(1) Refer to Transport Canada AD CF-2023-19, dated March 13,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1404.
(2) For more information about this AD, contact Fatin Saumik,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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-54-006, Revision A, dated May
24, 2023.
(ii) MHI RJ Temporary Revision 2A-77, dated May 8, 2023.
(3) For 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; email: mhirj.com">thd.crj@mhirj.com; website:
mhirj.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-25494 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P
