[Federal Register Volume 89, Number 44 (Tuesday, March 5, 2024)]
[Rules and Regulations]
[Pages 15728-15733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04557]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

 [Docket No. FAA-2023-1704; Project Identifier MCAI-2022-00866-T; 
Amendment 39-22671; AD 2024-03-02]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
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), 
CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet 
Series 1000) airplanes. This AD was prompted by a determination that 
new or more restrictive airworthiness limitations are necessary. This 
AD requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective April 9, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 9, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1704; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des 
Grandes-Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; 
North America toll-free telephone 833-990-7272 or direct-dial telephone 
450-990-7272; fax 514-855-8501; email mhirj.com">thd.crj@mhirj.com; website 
mhirj.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2023-1704.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all MHI RJ Aviation ULC 
(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), CL-600-2D24 
(Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000) 
airplanes. The NPRM published in the Federal Register on August 8, 2023 
(88 FR 53402). The NPRM was prompted by AD CF-2022-35, dated June 29, 
2022, issued by Transport Canada, which is the aviation authority for 
Canada (referred to after this as the MCAI). The MCAI states that new 
or more restrictive airworthiness limitations have been developed.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA is issuing this AD 
to address cracks in the principal structural elements of the fuselage 
and wings. The unsafe condition, if not addressed, could result in 
reduced structural integrity of the airplane. You may examine the MCAI 
in the AD docket at regulations.gov under Docket No. FAA-2023-1704.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from MHI RJ Aviation ULC. The following 
presents the comment received on the NPRM and the FAA's response to the 
comment.

Request for Credit for Actions Using Previous Revisions of the Service 
Information

    MHI RJ Aviation ULC requested that the FAA provide credit for 
accomplishing the actions specified in paragraph (g) of the proposed AD 
prior to the effective date of this AD in accordance with MHI RJ 
Aviation CRJ550/700/705/900/1000 Maintenance Requirements Manual (MRM) 
Part 2, CSP B-053, Revision 24, dated February 25, 2021; or MHI RJ 
Aviation CRJ550/700/705/900/1000 Maintenance Requirements Manual (MRM) 
Part 2, CSP B-053, Revision 25, dated June 25, 2021. MHI RJ Aviation 
ULC pointed out that some of the tasks were initially introduced or 
revised in these revisions and that allowing credit would allow 
operators that have already accomplished the actions to avoid the need 
to request an alternative method of compliance with paragraph (g) of 
the proposed AD.
    The FAA agrees to allow credit for the specified revisions for the 
reasons provided. Therefore, a new paragraph (i) has been added to this 
AD to provide credit for operators that have incorporated the new/
revised tasks into their maintenance program using the specified 
revisions. Subsequent paragraphs have been redesignated accordingly.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in

[[Page 15729]]

the United States. Pursuant to the FAA's bilateral agreement with this 
State of Design Authority, it has notified the FAA of the unsafe 
condition described in the MCAI referenced above. The FAA reviewed the 
relevant data, considered the comment received, and determined that air 
safety requires adopting this AD as proposed. Accordingly, the FAA is 
issuing this AD to address the unsafe condition on this product. Except 
for minor editorial changes, and any other changes described 
previously, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Aviation CRJ550/700/705/900/1000 
Maintenance Requirements Manual (MRM) Part 2, CSP B-053, Revision 26, 
dated March 25, 2022. This service information specifies new or revised 
tasks to detect cracks in the principal structural elements of the 
fuselage and wings. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 601 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-03-02 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22671; Docket No. FAA-2023-1704; 
Project Identifier MCAI-2022-00866-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 9, 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-600-2C10 (Regional Jet 
Series 700, 701 & 702), CL-600-2C11 (Regional Jet Series 550), CL-
600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 
900), and CL-600-2E25 (Regional Jet Series 1000) airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 05, Time 
Limits/Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address cracks in the principal structural 
elements of the fuselage and wings. The unsafe condition, if not 
addressed, could result in reduced structural integrity of the 
airplane.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the tasks identified in figure 1 to paragraph (g) of 
this AD as specified in MHI RJ Aviation CRJ550/700/705/900/1000 
Maintenance Requirements Manual (MRM) Part 2, CSP B-053, Revision 
26, dated March 25, 2022. The initial compliance time for doing the 
tasks is at the applicable times specified in MHI RJ Aviation 
CRJ550/700/705/900/1000 Maintenance Requirements Manual (MRM) Part 
2, CSP B-053, Revision 26, dated March 25, 2022, or within 60 days 
after the effective date of this AD, whichever occurs later.

[[Page 15730]]

[GRAPHIC] [TIFF OMITTED] TR05MR24.002

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals, may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (j)(1) of this AD.

(i) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the service information specified in 
paragraph (i)(1) or (2) of this AD, as applicable.
    (1) For the tasks specified in figure 2 to paragraph (i)(1) of 
this AD: MHI RJ Aviation CRJ550/700/705/900/1000 Maintenance 
Requirements Manual (MRM) Part 2, CSP B-053, Revision 24, dated 
February 25, 2021.

[[Page 15731]]

[GRAPHIC] [TIFF OMITTED] TR05MR24.003

    (2) For the tasks specified in figure 3 to paragraph (i)(2) of 
this AD: MHI RJ Aviation CRJ550/700/705/900/1000 Maintenance 
Requirements Manual (MRM) Part 2, CSP B-053, Revision 25, dated June 
25, 2021.

[[Page 15732]]

[GRAPHIC] [TIFF OMITTED] TR05MR24.004

(j) Other FAA 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 to the address identified in 
paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation 
ULC's Transport Canada Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2022-35, dated June 29, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1704.
    (2) 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].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(4) and (5) of this AD.

(l) 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) MHI RJ Aviation CRJ550/700/705/900/1000 Maintenance 
Requirements Manual (MRM) Part 2, CSP B-053, Revision 26, dated 
March 25, 2022.
    (ii) [Reserved]
    (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 mhirj.com">thd.crj@mhirj.com; 
website mhirj.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section,

[[Page 15733]]

Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. 
For information on the availability of this material at the FAA, 
call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on February 1, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04557 Filed 3-4-24; 8:45 am]
BILLING CODE 4910-13-P