Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 64837-64839 [2024-17361]
Download as PDF
Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 / Proposed Rules
paragraph (g)(2)(iii) of this AD or after
accomplishing the action required by
paragraph (g)(2)(iii)(B) of this AD, as
applicable, tighten the cyclic friction knob
(number 12 or 13) as depicted in Figure 1 to
paragraph (g)(1) of this AD.
(v) Connect the one-way lock (number 6)
as depicted in Figure 1 to paragraph (g)(1) of
this AD by accomplishing the actions
required by paragraphs (g)(2)(v)(A) and (B).
(A) Install the slotted bushing (number 11),
washers (number 10), bolt (number 9), nut
(number 8), and new (zero total hours TIS)
cotter pin (number 7) as depicted in Figure
1 to paragraph (g)(1) of this AD.
(B) Ensure the edge of the slotted bushing
(number 11) protrudes 0.010 to 0.080 inch
(0.25 to 2.03 mm) above the surface of the
cyclic torque tube after the nut is tightened.
DEPARTMENT OF TRANSPORTATION
(h) Alternative Methods of Compliance
(AMOCs)
SUMMARY:
(1) The Manager, West Certification
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 West Certification
Branch, send it to the attention of the person
identified in paragraph (i) of this AD.
Information may be emailed to: 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.
(i) Additional Information
For more information about this AD,
contact Eduardo Orozco-Duran, Aviation
Safety Engineer, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712; phone:
(562) 627–5264; email: eduardo.orozcoduran@faa.gov.
(j) Material Incorporated by Reference
None.
Issued on July 31, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–17339 Filed 8–7–24; 8:45 am]
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2012; Project
Identifier MCAI–2023–01208–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 all
MHI RJ Aviation ULC Model CL–600–
2B19 (Regional Jet Series 100 & 440)
airplanes. This proposed AD was
prompted by the discovery of ten
ultrasonic inspections associated with
airworthiness limitations (AWL) tasks
and structural deviation inspection
requirements (SDIR) tasks potentially
not detecting cracks. This proposed AD
would require repetitive ultrasonic
inspections of certain structural areas
for cracking as specified in a Transport
Canada AD, which is proposed for
incorporation by reference (IBR), and
repair of cracking, as applicable. This
proposed AD would also prohibit use of
the previous revisions of certain
procedures and mandate the use of the
revised procedures when performing the
inspections required by the associated
AWL and SDIR tasks. 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 September 23,
2024.
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–2024–2012; or in person at
Docket Operations between 9 a.m. and
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
64837
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 Transport Canada material in
this proposed 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–2024–2012.
• 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.
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 the ADDRESSES section. Include
‘‘Docket No. FAA–2024–2012; Project
Identifier MCAI–2023–01208–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
E:\FR\FM\08AUP1.SGM
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64838
Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 / Proposed Rules
not addressed, could result in structural
failure of the airplane. You may
examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA–
2024–2012.
(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.
Material Incorporated by Reference
Under 1 CFR Part 51
Transport Canada AD CF–2023–74
specifies procedures for repetitive
ultrasonic inspections of certain
structural areas for cracking. The
structural areas include, but are not
limited to, certain lateral beam web and
lower cap flanges, engine support beam
cap angles, engine support beams, webs,
and doublers. Transport Canada AD CF–
2023–74 also prohibits the use of the
previous revisions of certain ultrasonic
inspection procedures specified in Part
4 of the NDTM and mandates the use of
revised procedures when performing the
inspections required by the associated
AWL and SDIR tasks.
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 the ADDRESSES section.
Background
Transport Canada, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2023–
74, dated November 21, 2023 (Transport
Canada AD CF–2023–74) (also referred
to as the MCAI), to correct an unsafe
condition for all MHI RJ Aviation ULC
Model CL–600–2B19 (Regional Jet
Series 100 & 440) airplanes. The MCAI
states MHI RJ Aviation ULC discovered
ten ultrasound (i.e., ultrasonic)
inspection procedures in Part 4 of the
non-destructive testing manual (NDTM),
which is associated with AWL tasks and
SDIR tasks, could potentially not detect
cracks. The MCAI stated this is due to
differences in sound attenuation
between airplane structures assembled
with faying surface sealant and the
calibration reference standards used to
calibrate the ultrasonic testing probes
which were assembled without faying
surface sealant.
The FAA is proposing this AD to
address undetected cracks in certain
structural areas. The unsafe condition, if
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 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–2023–74
described previously, except for any
differences identified as exceptions in
the regulatory text of this proposed AD,
and except as discussed under
‘‘Differences Between this NPRM 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–
2023–74 by reference in the FAA final
rule. This proposed AD would,
therefore, require compliance with
Transport Canada AD CF–2023–74 in its
entirety through that incorporation,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD. Material required by
Transport Canada AD CF–2023–74 for
compliance will be available at
regulations.gov under Docket No. FAA–
2024–2012 after the FAA final rule is
published.
Differences Between This NPRM and
the MCAI
Transport Canada AD CF–2023–74
requires repetitive inspections for
cracking but does not specify
accomplishing a corrective action if any
cracking is found. Therefore, this
proposed AD would require repairing
any cracking found using a method
approved by the Manager, International
Validation Branch, FAA; or Transport
Canada; or MHI RJ Aviation ULC’s
Transport Canada Design Organization
Approval (DOA). If approved by the
DOA, the approval must include the
DOA-authorized signature.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 395
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
5 work-hours × $85 per hour = $425 ..................................................................................
$0
$425
$167,875
The FAA has received no definitive
data on which to base the cost estimates
for the repairs specified in this proposed
AD.
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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:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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
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Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 / Proposed Rules
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
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:
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■
MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.):
Docket No. FAA–2024–2012; Project
Identifier MCAI–2023–01208–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September
23, 2024.
(b) Affected ADs
None.
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(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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by the discovery of
ten ultrasonic inspections associated with
airworthiness limitations (AWL) tasks and
structural deviation inspection requirements
(SDIR) potentially not detecting cracks. The
FAA is issuing this AD to address undetected
cracks in certain structural areas. The unsafe
condition, if not addressed, could result in
structural failure of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Transport Canada AD CF–
2023–74, dated November 21, 2023 (CF–
2023–74).
(h) Exception to Transport Canada AD CF–
2023–74
(1) Where Transport Canada AD CF–2023–
74 refers to its effective date, this AD requires
using the effective date of this AD.
(2) Where paragraph A. of Transport
Canada AD CF–2023–74 specifies to perform
AWL tasks and SDIR tasks, for this AD, the
initial compliance time for the tasks is at the
time specified in paragraph A. of Transport
Canada AD CF–2023–74 or within 30 days
after the effective date of this AD, whichever
occurs later.
(3) Where paragraph B. of Transport
Canada AD CF–2023–74 refers to phase-in
compliance times in Table 1 of Transport
Canada AD CF–2023–74, this AD requires
using the applicable phase-in time identified
in Table 1 of Transport Canada AD CF–2023–
74, or within 30 days after the effective date
of this AD, whichever occurs later.
(4) If, during any inspection required by
paragraph (g) of this AD, any cracking is
found, repair 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 DAOauthorized signature.
(i) 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
PO 00000
Frm 00006
Fmt 4702
Sfmt 9990
64839
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 (j) 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.
(j) 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 9-avs-nyaco-cos@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF–2023–74,
dated November 21, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–74,
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 July 31, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–17361 Filed 8–7–24; 8:45 am]
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Agencies
[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Proposed Rules]
[Pages 64837-64839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17361]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2012; Project Identifier MCAI-2023-01208-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 all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100
& 440) airplanes. This proposed AD was prompted by the discovery of ten
ultrasonic inspections associated with airworthiness limitations (AWL)
tasks and structural deviation inspection requirements (SDIR) tasks
potentially not detecting cracks. This proposed AD would require
repetitive ultrasonic inspections of certain structural areas for
cracking as specified in a Transport Canada AD, which is proposed for
incorporation by reference (IBR), and repair of cracking, as
applicable. This proposed AD would also prohibit use of the previous
revisions of certain procedures and mandate the use of the revised
procedures when performing the inspections required by the associated
AWL and SDIR tasks. 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 September
23, 2024.
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-2024-2012; 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 Transport Canada material in this proposed 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-2024-2012.
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 the ADDRESSES section. Include ``Docket No. FAA-2024-2012;
Project Identifier MCAI-2023-01208-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
[[Page 64838]]
(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-2023-74, dated November 21, 2023
(Transport Canada AD CF-2023-74) (also referred to as the MCAI), to
correct an unsafe condition for all MHI RJ Aviation ULC Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states MHI RJ
Aviation ULC discovered ten ultrasound (i.e., ultrasonic) inspection
procedures in Part 4 of the non-destructive testing manual (NDTM),
which is associated with AWL tasks and SDIR tasks, could potentially
not detect cracks. The MCAI stated this is due to differences in sound
attenuation between airplane structures assembled with faying surface
sealant and the calibration reference standards used to calibrate the
ultrasonic testing probes which were assembled without faying surface
sealant.
The FAA is proposing this AD to address undetected cracks in
certain structural areas. The unsafe condition, if not addressed, could
result in structural failure of the airplane. You may examine the MCAI
in the AD docket at regulations.gov under Docket No. FAA-2024-2012.
Material Incorporated by Reference Under 1 CFR Part 51
Transport Canada AD CF-2023-74 specifies procedures for repetitive
ultrasonic inspections of certain structural areas for cracking. The
structural areas include, but are not limited to, certain lateral beam
web and lower cap flanges, engine support beam cap angles, engine
support beams, webs, and doublers. Transport Canada AD CF-2023-74 also
prohibits the use of the previous revisions of certain ultrasonic
inspection procedures specified in Part 4 of the NDTM and mandates the
use of revised procedures when performing the inspections required by
the associated AWL and SDIR tasks.
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 the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
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-2023-74 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD, and except as discussed under ``Differences Between this
NPRM 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-2023-74 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-74 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this proposed AD. Material required by
Transport Canada AD CF-2023-74 for compliance will be available at
regulations.gov under Docket No. FAA-2024-2012 after the FAA final rule
is published.
Differences Between This NPRM and the MCAI
Transport Canada AD CF-2023-74 requires repetitive inspections for
cracking but does not specify accomplishing a corrective action if any
cracking is found. Therefore, this proposed AD would require repairing
any cracking found using a method approved by the Manager,
International Validation Branch, FAA; or Transport Canada; or MHI RJ
Aviation ULC's Transport Canada Design Organization Approval (DOA). If
approved by the DOA, the approval must include the DOA-authorized
signature.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 395 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425....................... $0 $425 $167,875
----------------------------------------------------------------------------------------------------------------
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
[[Page 64839]]
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-2024-2012; Project Identifier MCAI-2023-01208-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 23, 2024.
(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 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by the discovery of ten ultrasonic
inspections associated with airworthiness limitations (AWL) tasks
and structural deviation inspection requirements (SDIR) potentially
not detecting cracks. The FAA is issuing this AD to address
undetected cracks in certain structural areas. The unsafe condition,
if not addressed, could result in structural failure of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada AD CF-2023-74, dated November 21,
2023 (CF-2023-74).
(h) Exception to Transport Canada AD CF-2023-74
(1) Where Transport Canada AD CF-2023-74 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where paragraph A. of Transport Canada AD CF-2023-74
specifies to perform AWL tasks and SDIR tasks, for this AD, the
initial compliance time for the tasks is at the time specified in
paragraph A. of Transport Canada AD CF-2023-74 or within 30 days
after the effective date of this AD, whichever occurs later.
(3) Where paragraph B. of Transport Canada AD CF-2023-74 refers
to phase-in compliance times in Table 1 of Transport Canada AD CF-
2023-74, this AD requires using the applicable phase-in time
identified in Table 1 of Transport Canada AD CF-2023-74, or within
30 days after the effective date of this AD, whichever occurs later.
(4) If, during any inspection required by paragraph (g) of this
AD, any cracking is found, repair 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 DAO-authorized signature.
(i) 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 (j) 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.
(j) 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].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF-2023-74, dated November 21, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-74, 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 July 31, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-17361 Filed 8-7-24; 8:45 am]
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