[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Proposed Rules]
[Pages 32365-32368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11544]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0590; Project Identifier MCAI-2021-01395-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 
100 & 440) airplanes. This proposed AD was prompted by a determination 
that a certain nondestructive test (NDT) procedure associated with a 
certain airworthiness limitation for inspecting

[[Page 32366]]

surface and subsurface fatigue cracks at fuselage station (FS) 460 and 
FS513 does not address all required inspections. This proposed AD would 
require using a revised NDT procedure when performing an airworthiness 
limitation task. This proposed AD would also prohibit the use of 
earlier revisions of that NDT procedure. The FAA is proposing this AD 
to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 15, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact MHI RJ 
Aviation 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; fax 514-855-8501; email [email protected]; internet https://mhirj.com. You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0590; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 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-2022-0590; Project Identifier 
MCAI-2021-01395-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Deep 
Gaurav, Aerospace Engineer, Airframe and Propulsion Section, FAA, New 
York ACO Branch, 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 Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-47, dated December 13, 
2021 (TCCA AD CF-2021-47) (referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for certain MHI RJ Aviation ULC Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. You may examine the MCAI on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0590.
    This proposed AD was prompted by a determination that the NDT 
procedure specified in MHI RJ CRJ200 Nondestructive Testing Manual 
(NDTM) Part 6--Eddy Current, procedure number 53-41-194, dated October 
10, 2020, associated with airworthiness limitation task number 53-41-
194 does not address all required inspections. MHI RJ CRJ200 NDTM Part 
6--Eddy Current, procedure number 53-41-194, dated October 10, 2020, is 
a NDT procedure for the special detailed inspection (eddy current 
inspection) for surface and subsurface fatigue cracks at FS460 and 
FS513 referenced in airworthiness limitation task number 53-41-194. 
Airworthiness limitations are the outside marker to ensure the 
continued safety of an airplane but in this case, the procedure 
associated with the airworthiness limitation was inadequate, leading to 
missed fatigue cracking in these airplanes. The FAA is proposing this 
AD to address such fatigue cracks, which could result in failure of the 
pressure floor skin and consequent rapid decompression of the airplane 
during flight. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation ULC has issued MHI RJ CRJ200 NDTM Temporary 
Revision 53-109, dated March 5, 2021. This temporary revision describes 
a NDT procedure to do a special detailed inspection (eddy current 
inspection) for surface and subsurface cracks at FS460 and FS513. This 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition

[[Page 32367]]

described previously is likely to exist or develop on other products of 
the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require using a revised NDT procedure when 
performing a certain airworthiness limitation task. This AD also 
prohibits the use of earlier revisions of that NDT procedure when 
performing that airworthiness limitation task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 427 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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         $217,770
----------------------------------------------------------------------------------------------------------------

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-2022-0590; Project Identifier MCAI-2021-01395-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 15, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 through 8079 inclusive, on which 
Bombardier Service Bulletin 601R-53-067 and/or Bombardier Service 
Bulletin 601R-53-077 has been incorporated.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a determination that a certain 
nondestructive test procedure associated with a certain 
airworthiness limitation for inspecting surface and subsurface 
fatigue cracks at fuselage station (FS) 460 and FS513 does not 
address all required inspections. The FAA is issuing this AD to 
address such fatigue cracks, which could result in failure of the 
pressure floor skin and consequent rapid decompression of the 
airplane during flight.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance Procedure Limitation

    As of the effective date of this AD, use MHI RJ CRJ200 
Nondestructive Testing Manual (NDTM) Part 6--Eddy Current, procedure 
number 53-41-194, Special Detailed Inspection of the Pressure Floor 
at FS460.00 and/or FS513.00 Between LBL18.00 and RBL18.00, as 
specified in MHI RJ CRJ200 NDTM Temporary Revision 53-109, dated 
March 5, 2021, when performing airworthiness limitation task number 
53-41-194.
    Note 1 to paragraph (g): MHI RJ CRJ200 NDTM Temporary Revision 
53-109, dated March 5, 2021, revises procedure number 53-41-194 
specified in airworthiness limitation task number 53-41-194, which 
can be found in Appendix B, Airworthiness Limitations, in Part 2, 
Airworthiness Requirements, of the MHI RJ CL-600-2B19 Maintenance 
Requirements Manual, CSP A-053.

(h) Maintenance Procedure Prohibition

    As of the effective date of this AD, it is prohibited to use MHI 
RJ CRJ200 NDTM Part 6--Eddy Current, procedure number 53-41-194, 
dated October 10, 2020, or earlier revisions when performing 
airworthiness limitation task number 53-41-194.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
airplane can be inspected, provided the flight is a non-revenue 
flight.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue,

[[Page 32368]]

Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ 
Aviation ULC's TCCA Design Approval Organization (DAO). If approved 
by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-47, dated December 13, 2021, for related 
information for related information. This MCAI may be found in the 
AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0590.
    (2) For more information about this AD, contact Deep Gaurav, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone: 516-228-7300; email: [email protected].
    (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; fax 514-855-8501; email [email protected]; 
internet https://mhirj.com. You may view this service information at 
the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

    Issued on May 24, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-11544 Filed 5-27-22; 8:45 am]
BILLING CODE 4910-13-P