Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 2517-2520 [2024-00493]
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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules
a. Removing Airworthiness Directive
(AD) 2021–09–06, Amendment 39–
21519 (86 FR 23595, May 4, 2021), and
■ b. Adding the following new AD:
■
The Boeing Company: Docket No. FAA–
2024–0028; Project Identifier AD–2023–
00919–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 1,
2024.
(b) Affected ADs
This AD replaces AD 2021–09–06,
Amendment 39–21519 (86 FR 23595, May 4,
2021) (AD 2021–09–06).
(c) Applicability
This AD applies to all The Boeing
Company Model 737–600, –700, –700C,
–800, –900, and –900ER series airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by reports of
cracking in the station (STA) 663.75 frame
fitting outboard chords and failsafe straps
adjacent to the stringer S–18A area and a
determination that additional inspections are
needed to address the unsafe condition. The
FAA is issuing this AD to address cracking
in the STA 663.75 frame fitting outboard
chords and failsafe straps adjacent to the
stringer S–18A straps, which could result in
failure of a Principal Structural Element
(PSE) to sustain limit load. The unsafe
condition, if not addressed, could adversely
affect the structural integrity of the airplane
and result in loss of control of the airplane.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–53A1414 RB,
Revision 1, dated November 20, 2023, do all
applicable actions identified in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Requirements
Bulletin 737–53A1414 RB, Revision 1, dated
November 20, 2023.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 737–53A1414, Revision 1, dated
November 20, 2023, which is referred to in
Boeing Alert Requirements Bulletin 737–
53A1414 RB, Revision 1, dated November 20,
2023.
(h) Exceptions to Service Information
Specifications
(1) Where the Condition and Compliance
Time columns of the tables in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 737–53A1414 RB,
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Revision 1, dated November 20, 2023, use the
phrase ‘‘the original issue date of
Requirements Bulletin 737–53A1414 RB,’’ or
‘‘the Revision 1 date of Requirements
Bulletin 737–53A1414 RB,’’ this AD requires
using ‘‘the effective date of this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 737–53A1414 RB, Revision 1, dated
November 20, 2023, specifies contacting
Boeing for repair instructions: This AD
requires doing the repair using a method
approved in accordance with the procedures
specified in paragraph (i) of this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520, Continued
Operational Safety 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 the attention of the person
identified in paragraph (j)(1) of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, AIR–520, Continued Operational
Safety Branch, FAA, to make those findings.
To be approved, the repair method,
modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
(j) Related Information
(1) For more information about this AD,
contact Owen Bley-Male, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3992; email owen.f.bley-male@faa.gov.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(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) Boeing Alert Requirements Bulletin
737–53A1414 RB, Revision 1, dated
November 20, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600;
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
2517
telephone 562–797–1717; website
myboeingfleet.com.
(4) 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.
(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 January 5, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–00345 Filed 1–12–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0031; Project
Identifier MCAI–2022–01307–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); and CL–600–2D24 (Regional
Jet Series 900) airplanes. This proposed
AD was prompted by a determination
that a potential crack of the tombstone
fitting lug cannot be detected as the
bushings remaining in place during
accomplishment of the special detailed
inspection (SDI) required by a certain
airworthiness limitation (ALI) task. This
proposed AD would require inspecting
the tombstone fitting lug with a new SDI
sub-surface ultrasound procedure when
accomplishing the ALI task, as specified
in a Transport Canada AD, which is
proposed for incorporation by reference
(IBR). This proposed AD would also
require corrective actions if necessary.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by March 1, 2024.
DATES:
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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules
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
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.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0031; 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, the mandatory
continuing airworthiness information
(MCAI), any comments received, and
other information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For material that is proposed for
IBR in this AD, contact Transport
Canada, Transport Canada National
Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5,
Canada; telephone 888–663–3639; email
TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca.
You may find this material on the
Transport Canada website at
tc.canada.ca/en/aviation. It is also
available at regulations.gov under
Docket No. FAA–2024–0031.
• You may view this material 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.
FOR FURTHER INFORMATION CONTACT:
Yaser Osman, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@
faa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
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–2024–0031; Project Identifier
MCAI–2022–01307–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
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16:48 Jan 12, 2024
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supporting data. The FAA will consider
all comments received by the closing
date and may amend this 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
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 Yaser Osman,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7300;
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, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2022–
54R1, dated October 4, 2022 (Transport
Canada AD CF–2022–54R1) (also
referred to after this as 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); and CL–600–2D24 (Regional Jet
Series 900) airplanes. Transport Canada
AD CF–2022–54R1 superseded
Transport Canada AD CF–2022–54,
dated September 13, 2022 (Transport
Canada AD CF–2022–54), to correct a
reference to an incorrect maintenance
requirements manual number.
Transport Canada AD CF–2022–54R1
states that MHI RJ discovered that the
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
MHI RJ Non-Destructive Testing Manual
(NDTM) Part 6, Procedure 53–61–121–
250, associated with ALI Task 53–61–
121, is not adequate to detect a potential
crack of the tombstone fitting lug before
the critical crack size is reached as the
bushings remain in place during the
SDI. Transport Canada AD CF–2022–
54R1 mandates the use of new
ultrasonic MHI RJ NDTM Part 4,
Procedure 53–61–121–270, in
conjunction with NDTM Part 6,
Procedure 53–61–121–250, during
accomplishment of the SDIs required by
ALI Task 53–61–121.
The FAA is proposing this AD to
address the undetected cracking of the
tombstone fitting lug. If the crack is not
detected, the tombstone fitting lug will
eventually fail. The failure will cause a
transfer of load to other engine
attachment points, which will then be
overloaded and compromised in their
structural integrity. This can lead to a
rapid failure mode, potentially resulting
in the loss of the engine. You may
examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA–
2024–0031.
Related Service Information Under 1
CFR Part 51
Transport Canada AD CF–2022–54R1
specifies procedures for accomplishing
a special detailed inspection for cracks
of the engine forward support frame’s
tombstone top and bottom fitting lugs at
frame fuselage station (FS) 1051.30,
during the accomplishment of the SDIs
required by ALI Task 53–61–121. This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in
ADDRESSES.
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 this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI and service information
referenced above. The FAA is issuing
this NPRM after determining that the
unsafe condition described previously is
likely to exist or develop in other
products of the same type design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
Transport Canada AD CF–2022–54R1
described previously, except for any
differences identified as exceptions in
the regulatory text of this proposed AD,
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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules
CAAs. As a result, the FAA proposes to
incorporate Transport Canada AD CF–
2022–54R1 by reference in the FAA
final rule. This proposed AD would,
therefore, require compliance with
Transport Canada AD CF–2022–54R1 in
its entirety through that incorporation,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD. Service information
required by Transport Canada AD CF–
2022–54R1 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–0031 after the
FAA final rule is published.
and except as discussed under
‘‘Difference Between this Proposed AD
and the MCAI.’’
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
2519
Difference Between This NPRM and the
MCAI
Transport Canada AD CF–2022–54R1
did not specify any corrective action for
cracking found during the required
inspection. This proposed AD would
require repairing all cracks before
further flight.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 597
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
2 work-hours × $85 per hour = $170 (per interval) ..................
$0
$170 (per interval) ...................
The FAA has received no definitive
data on which to base the cost estimates
for the repairs specified in this proposed
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.
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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,
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(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§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–2024–0031; Project
Identifier MCAI–2022–01307–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 1,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC
(Type Certificate Previously Held by
Bombardier, Inc.) Model CL–600–2C10
(Regional Jet Series 700, 701 & 702); CL–600–
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
Cost on U.S. operators
$101,490 (per interval).
2C11 (Regional Jet Series 550); CL–600–2D15
(Regional Jet Series 705); and CL–600–2D24
(Regional Jet Series 900) airplanes,
certificated in any category, as identified in
Transport Canada AD CF–2022–54R1, dated
October 4, 2022 (Transport Canada AD CF–
2022–54R1).
(d) Subject
Air Transport Association (ATA) of
America 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a determination
that the MHI RJ Non-Destructive Testing
Manual (NDTM) Part 6, Procedure 53–61–
121–250, associated with Airworthiness
Limitations (ALI) Task 53–61–121, is not
adequate to detect a potential crack of the
tombstone fitting lug as the bushings remain
in place during the special detailed
inspection (SDI). The FAA is issuing this AD
to address the undetected cracking of the
tombstone fitting lug. If the crack is not
detected, the tombstone fitting lug will
eventually fail. The failure will cause a
transfer of load to other engine attachment
points, which will then be overloaded and
compromised in their structural integrity.
This can lead to a rapid failure mode,
potentially resulting in the loss of the engine.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as required by paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Transport Canada CF–
2022–54R1.
(h) Exceptions to Transport Canada CF–
2022–54R1
(1) Where Transport Canada AD CF–2022–
54R1 refers to the effective date of AD CF–
2022–54 (September 27, 2022), this AD
requires using the effective date of this AD.
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Federal Register / Vol. 89, No. 10 / Tuesday, January 16, 2024 / Proposed Rules
(2) Where paragraph A. of Transport
Canada AD CF–2022–54R1 specifies
inspecting ‘‘For aeroplanes that, as of the
effective date of AD CF–2022–54 (27
September 2022), have not been inspected as
required by MRM CSP B–053 Part 2 ALI Task
53–61–121,’’ this AD requires replacing those
words with ‘‘For all airplanes.’’
(3) This AD does not adopt paragraph B.
of Transport Canada AD CF–2022–54R1.
(4) Where paragraph A. of Transport
Canada AD CF–2022–54R1 specifies
inspecting ‘‘within the intervals in MRM CSP
B–053 Part 2 for ALI Task 53–61–121,’’ for
this AD, the initial compliance time for the
task is within the ‘‘threshold’’ specified in
the service information identified in
paragraph A. Transport Canada AD CF–
2022–54R1 or within 90 days after the
effective date of this AD, whichever occurs
later.
(i) Crack Repair
If any cracking is found during the actions
required by paragraph (g) of this AD, repair
the cracking before further flight 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 DOAauthorized signature.
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(j) No Reporting Requirement
Although the service information
referenced in Transport Canada AD CF–
2022–54R1 specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
(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 of the International Validation
Branch, mail it to the address identified in
paragraph (l) of this AD. Information may be
emailed to: 9-AVS-NYACO-COS@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 Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(l) Additional Information
For more information about this AD,
contact Yaser Osman, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
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16:48 Jan 12, 2024
Jkt 262001
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(m) 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) Transport Canada AD CF–2022–54R1,
dated October 4, 2022.
(ii) [Reserved]
(3) For Transport Canada AD CF–2022–
54R1, contact Transport Canada, Transport
Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5,
Canada; telephone 888–663–3639; email
TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca. You
may find this Transport Canada AD on the
Transport Canada website at tc.canada.ca/
en/aviation.
(4) You may view this material 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.
(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 January 6, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–00493 Filed 1–12–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2023–2482; Airspace
Docket No. 23–AAL–26]
RIN 2120–AA66
Modification of Class E Airspace;
Edward G. Pitka Sr. Airport, Galena,
AK
the legal description to match the FAA
database. These actions would support
the safety and management of
instrument flight rules (IFR) operations
at the airport.
DATES: Comments must be received on
or before March 1, 2024.
ADDRESSES: Send comments identified
by FAA Docket No. FAA–2023–2482
and Airspace Docket No. 23–AAL–26
using any of the following methods:
* Federal eRulemaking Portal: Go to
www.regulations.gov and follow the
online instructions for sending your
comments electronically.
* Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
* Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
* Fax: Fax comments to Docket
Operations at (202) 493–2251.
Docket: Background documents or
comments received may be read at
www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FAA Order JO 7400.11H, Airspace
Designations and Reporting Points, and
subsequent amendments can be viewed
online at www.faa.gov/air_traffic/
publications/. You may also contact the
Rules and Regulations Group, Office of
Policy, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT:
Keith T. Adams, Federal Aviation
Administration, Western Service Center,
Operations Support Group, 2200 S
216th Street, Des Moines, WA 98198;
telephone (206) 231–2428.
SUPPLEMENTARY INFORMATION:
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
Authority for This Rulemaking
This action proposes to
modify the Class E airspace designated
as a surface area and modify the Class
E airspace extending upward from 700
feet above the surface at Edward G.
Pitka Sr. Airport, Galena, AK.
Additionally, this action proposes
administrative amendments to update
the airport’s geographic coordinates in
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
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. This rulemaking is
promulgated under the authority
AGENCY:
SUMMARY:
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Proposed Rules]
[Pages 2517-2520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00493]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0031; Project Identifier MCAI-2022-01307-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); and CL-600-2D24 (Regional Jet Series 900)
airplanes. This proposed AD was prompted by a determination that a
potential crack of the tombstone fitting lug cannot be detected as the
bushings remaining in place during accomplishment of the special
detailed inspection (SDI) required by a certain airworthiness
limitation (ALI) task. This proposed AD would require inspecting the
tombstone fitting lug with a new SDI sub-surface ultrasound procedure
when accomplishing the ALI task, as specified in a Transport Canada AD,
which is proposed for incorporation by reference (IBR). This proposed
AD would also require corrective actions if necessary. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by March 1,
2024.
[[Page 2518]]
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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0031; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For material that is proposed for IBR in this AD, contact
Transport Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]. You may find this material on the
Transport Canada website at tc.canada.ca/en/aviation. It is also
available at regulations.gov under Docket No. FAA-2024-0031.
You may view this material 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.
FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; 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-2024-0031; Project Identifier
MCAI-2022-01307-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
this 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
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 Yaser
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; 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, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-54R1, dated October 4, 2022
(Transport Canada AD CF-2022-54R1) (also referred to after this as 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); and
CL-600-2D24 (Regional Jet Series 900) airplanes. Transport Canada AD
CF-2022-54R1 superseded Transport Canada AD CF-2022-54, dated September
13, 2022 (Transport Canada AD CF-2022-54), to correct a reference to an
incorrect maintenance requirements manual number.
Transport Canada AD CF-2022-54R1 states that MHI RJ discovered that
the MHI RJ Non-Destructive Testing Manual (NDTM) Part 6, Procedure 53-
61-121-250, associated with ALI Task 53-61-121, is not adequate to
detect a potential crack of the tombstone fitting lug before the
critical crack size is reached as the bushings remain in place during
the SDI. Transport Canada AD CF-2022-54R1 mandates the use of new
ultrasonic MHI RJ NDTM Part 4, Procedure 53-61-121-270, in conjunction
with NDTM Part 6, Procedure 53-61-121-250, during accomplishment of the
SDIs required by ALI Task 53-61-121.
The FAA is proposing this AD to address the undetected cracking of
the tombstone fitting lug. If the crack is not detected, the tombstone
fitting lug will eventually fail. The failure will cause a transfer of
load to other engine attachment points, which will then be overloaded
and compromised in their structural integrity. This can lead to a rapid
failure mode, potentially resulting in the loss of the engine. You may
examine the MCAI in the AD docket at regulations.gov under Docket No.
FAA-2024-0031.
Related Service Information Under 1 CFR Part 51
Transport Canada AD CF-2022-54R1 specifies procedures for
accomplishing a special detailed inspection for cracks of the engine
forward support frame's tombstone top and bottom fitting lugs at frame
fuselage station (FS) 1051.30, during the accomplishment of the SDIs
required by ALI Task 53-61-121. This material is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in ADDRESSES.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in Transport Canada AD CF-2022-54R1 described previously, except for
any differences identified as exceptions in the regulatory text of this
proposed AD,
[[Page 2519]]
and except as discussed under ``Difference Between this Proposed AD and
the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate Transport Canada AD CF-2022-54R1 by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with Transport Canada AD CF-2022-54R1 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information required by Transport Canada AD CF-2022-54R1 for
compliance will be available at regulations.gov under Docket No. FAA-
2024-0031 after the FAA final rule is published.
Difference Between This NPRM and the MCAI
Transport Canada AD CF-2022-54R1 did not specify any corrective
action for cracking found during the required inspection. This proposed
AD would require repairing all cracks before further flight.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 597 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $0 $170 (per interval) $101,490 (per interval).
$170 (per interval).
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this proposed 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
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) Would not affect intrastate aviation in Alaska, and
(3) Would 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-2024-0031; Project Identifier MCAI-2022-01307-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 1, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702); CL-600-2C11 (Regional Jet Series 550); CL-
600-2D15 (Regional Jet Series 705); and CL-600-2D24 (Regional Jet
Series 900) airplanes, certificated in any category, as identified
in Transport Canada AD CF-2022-54R1, dated October 4, 2022
(Transport Canada AD CF-2022-54R1).
(d) Subject
Air Transport Association (ATA) of America 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a determination that the MHI RJ Non-
Destructive Testing Manual (NDTM) Part 6, Procedure 53-61-121-250,
associated with Airworthiness Limitations (ALI) Task 53-61-121, is
not adequate to detect a potential crack of the tombstone fitting
lug as the bushings remain in place during the special detailed
inspection (SDI). The FAA is issuing this AD to address the
undetected cracking of the tombstone fitting lug. If the crack is
not detected, the tombstone fitting lug will eventually fail. The
failure will cause a transfer of load to other engine attachment
points, which will then be overloaded and compromised in their
structural integrity. This can lead to a rapid failure mode,
potentially resulting in the loss of the engine.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as required by paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada CF-2022-54R1.
(h) Exceptions to Transport Canada CF-2022-54R1
(1) Where Transport Canada AD CF-2022-54R1 refers to the
effective date of AD CF-2022-54 (September 27, 2022), this AD
requires using the effective date of this AD.
[[Page 2520]]
(2) Where paragraph A. of Transport Canada AD CF-2022-54R1
specifies inspecting ``For aeroplanes that, as of the effective date
of AD CF-2022-54 (27 September 2022), have not been inspected as
required by MRM CSP B-053 Part 2 ALI Task 53-61-121,'' this AD
requires replacing those words with ``For all airplanes.''
(3) This AD does not adopt paragraph B. of Transport Canada AD
CF-2022-54R1.
(4) Where paragraph A. of Transport Canada AD CF-2022-54R1
specifies inspecting ``within the intervals in MRM CSP B-053 Part 2
for ALI Task 53-61-121,'' for this AD, the initial compliance time
for the task is within the ``threshold'' specified in the service
information identified in paragraph A. Transport Canada AD CF-2022-
54R1 or within 90 days after the effective date of this AD,
whichever occurs later.
(i) Crack Repair
If any cracking is found during the actions required by
paragraph (g) of this AD, repair the cracking before further flight
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 DOA-authorized signature.
(j) No Reporting Requirement
Although the service information referenced in Transport Canada
AD CF-2022-54R1 specifies to submit certain information to the
manufacturer, this AD does not include that requirement.
(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 of the
International Validation Branch, mail it to the address identified
in paragraph (l) of this AD. Information may be emailed to: 9-AVS-
[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 Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.
(l) Additional Information
For more information about this AD, contact Yaser Osman,
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 (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) Transport Canada AD CF-2022-54R1, dated October 4, 2022.
(ii) [Reserved]
(3) For Transport Canada AD CF-2022-54R1, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]. You may find this Transport
Canada AD on the Transport Canada website at tc.canada.ca/en/
aviation.
(4) You may view this material 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.
(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 January 6, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2024-00493 Filed 1-12-24; 8:45 am]
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