[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Proposed Rules]
[Pages 33454-33457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11803]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0592; Project Identifier MCAI-2021-01023-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-600-2D24 (Regional Jet Series 
900) airplanes. This proposed AD was prompted by a report of a 
manufacturing error that can create dents on the lower wing plank, 
close to the flap arm locations at certain wing stations; as a result, 
cracks could develop and weaken the structural integrity of the wings 
before being detected by any existing required inspections. This 
proposed AD would require an inspection for damage (including dents, 
cracks, discoloration, gouges, scratches, or other surface damage) of 
the lower wing plank in the flap arm areas at certain wing stations, 
and repair if necessary. The FAA is

[[Page 33455]]

proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by July 18, 
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-2022-0592; 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-2022-0592; Project Identifier 
MCAI-2021-01023-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-2021-31, dated September 
14, 2021 (TCCA AD CF-2021-31) (also referred to after this as the 
Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for certain MHI RJ Aviation ULC Model CL-
600-2D24 (Regional Jet Series 900) airplanes. You may examine the MCAI 
in the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0592.
    This proposed AD was prompted by a report of a manufacturing error 
that can result in dents on the lower wing plank, close to the five 
flap arm locations at wing station (WS) 54.55, WS 128.00, WS 179.00, WS 
220.00, and WS 264.00. These dents could lead to cracks that could 
weaken the structural integrity of the wings before being detected by 
any existing required inspection. The FAA is proposing this AD to 
address dents, cracks, and other damage, that if not detected and 
corrected, could lead to reduced structural integrity of the wings. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation ULC has issued Service Bulletin 670BA-57-029, dated 
February 2, 2021. This service information describes, among other 
actions, procedures for doing a detailed visual inspection for damage 
(including dents, cracks, discoloration, gouges, scratches, or other 
surface damage) of the outer aft lower skin at WS 54.55, WS 128.00, WS 
179.00, WS 220.00, and WS 264.00, and repair. This service information 
is reasonably available because the interested parties have access to 
it through their normal course of business or by the means identified 
in the ADDRESSES section.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 14 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 33456]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170           $2,380
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions 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-2022-0592; Project Identifier MCAI-2021-01023-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 18, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Model CL-600-2D24 (Regional Jet 
Series 900) airplanes, certificated in any category, having serial 
number 15462 through 15475 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report of a manufacturing error that 
can create dents on the lower wing plank, close to the flap arm 
locations at certain wing stations; as a result, cracks could 
develop and weaken the structural integrity of the wings before 
being detected by any existing required inspections. The FAA is 
issuing this AD to address dents, cracks, and other damage, that, if 
not detected and corrected, could lead to reduced structural 
integrity of the wings.

(f) Compliance

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

(g) Inspection and Corrective Action

    Prior to the accumulation of 8,800 total flight hours or within 
30 days after the effective date of this AD, whichever occurs later, 
perform a detailed visual inspection for damage (including dents, 
cracks, discoloration, gouges, scratches, or other surface damage) 
of the outer aft lower skin at wing stations (WS) 54.55, WS 128.00, 
WS 179.00, WS 220.00, and WS 264.00 in accordance with paragraph B., 
``Procedure,'' of the Accomplishment Instructions of MHI RJ Aviation 
Service Bulletin 670BA-57-029, dated February 2, 2021. Do all 
applicable corrective actions before further flight. If any damage 
is found during the inspection, before further flight, repair 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.

(h) No Reporting Requirement

    Although MHI RJ Aviation Service Bulletin 670BA-57-029, dated 
February 2, 2021, specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(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 
inspection can be done, 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, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. 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-2021-31, dated September 14, 2021, 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-2022-0592.

[[Page 33457]]

    (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.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-11803 Filed 6-1-22; 8:45 am]
BILLING CODE 4910-13-P