[Federal Register Volume 89, Number 116 (Friday, June 14, 2024)]
[Rules and Regulations]
[Pages 50501-50503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13016]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 116 / Friday, June 14, 2024 / Rules 
and Regulations  

[[Page 50501]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0219; Project Identifier MCAI-2023-00764-T; 
Amendment 39-22755; AD 2024-10-09]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes. This AD was prompted by a determination that a more 
restrictive airworthiness limitation is necessary. This AD requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate a more restrictive airworthiness limitation, as 
specified in a Transport Canada AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective July 19, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 19, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0219; 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 material, contact Transport Canada, Transport Canada 
National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario 
K1A 0N5, Canada; telephone 888-663-3639; email 
[email protected]; website 
tc.canada.ca/en/aviation.
     You may view this material 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 in the AD docket at 
regulations.gov under Docket No. FAA-2024-0219.

FOR FURTHER INFORMATION CONTACT: Mark Taylor, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 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 certain MHI RJ Aviation 
ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The 
NPRM published in the Federal Register on February 2, 2024 (89 FR 
7299). The NPRM was prompted by AD CF-2023-41, dated June 15, 2023, 
issued by Transport Canada, which is the aviation authority for Canada 
(Transport Canada AD CF-2023-41) (also referred to as the MCAI). The 
MCAI states that a more restrictive airworthiness limitation has been 
developed due to reports of an unclear effectivity for airworthiness 
limitation (AWL) task number 53-41-180 in the Maintenance Requirements 
Manual (MRM), Part 2. If the revised task, AWL number 53-41-180, is not 
performed at the required intervals, failures of the strap modification 
to the fuselage station (FS) 409 + 128 bulkhead could remain undetected 
and could result in the loss of the structural integrity of the 
airplane.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate a more 
restrictive airworthiness limitation, as specified in Transport Canada 
AD CF-2023-41. The FAA is issuing this AD to address the unsafe 
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0219.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, Air Wisconsin 
Airlines. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request for Change to Applicability

    Air Wisconsin Airlines noted that the proposed applicability in 
paragraph (c) of the proposed AD, which references the applicability in 
Transport Canada AD CF-2023-41, does not list the applicable reference 
serial numbers 7946 through 8113. The commenter requested that the 
proposed AD be revised to list the applicable serial numbers, if they 
are the same as those listed in Transport Canada AD CF-2023-41.
    The FAA disagrees with correcting the applicability of this AD. 
Paragraph (c) of this AD states that the AD affects the airplanes 
identified in Transport Canada AD CF-2023-41, which has the 
applicability as affecting airplanes with serial numbers 7946 through 
8113. No changes have been made to this AD regarding this issue.

Request for Clarification of the Applicability of a Task

    Air Wisconsin Airlines requested clarification of whether paragraph 
(h)(2) of the proposed AD would require revising the maintenance or 
inspection program to incorporate a revised task for all airplanes or 
only certain airplanes.
    The FAA agrees to clarify. Revising the maintenance or inspection 
program to incorporate a revised AWL task affects all airplanes 
identified in the applicability in paragraph (c) of the AD. A task 
within an AWL might have an effectivity for specific airplanes. No 
changes have been made to this AD regarding this issue.

Request for Clarification of the Fuselage Station of the Strap 
Modification

    Air Wisconsin Airlines requested that paragraph (e) of the proposed 
AD

[[Page 50502]]

regarding the location of the strap modification be changed from ``(FS) 
409 and 128'' to ``(FS) 409 + 128''. MHI RJ TR 2B-2283 lists the 
aircraft station as ``fuselage (FS) 409 + 128 bulkhead.'' In the NPRM, 
the location is listed as ``(FS) 409 and 128 bulkhead,'' which sounds 
like 2 different locations.
    The FAA agrees with the commenter. The FAA has confirmed with the 
manufacturer that the location of the strap modification is FS 409 + 
128. The FAA has changed this final rule to reflect the proper 
location.

Conclusion

    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 reviewed the relevant data, considered the 
comments 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

    Transport Canada AD CF-2023-41 specifies procedures for a more 
restrictive airworthiness limitation for AWL task number 53-41-180. 
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.

Costs of Compliance

    The FAA estimates that this AD affects 78 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing 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:

2024-10-09 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22755; Docket No. FAA-2024-0219; 
Project Identifier MCAI-2023-00764-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 19, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
previously held by Bombardier, Inc.) Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes, certificated in any category, as 
identified in Transport Canada AD CF-2023-41, dated June 15, 2023 
(Transport Canada AD CF-2023-41).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that a more restrictive 
airworthiness limitation is necessary. The FAA is issuing this AD to 
address failure of the strap modification to the fuselage station 
(FS) 409 + 128 bulkhead. The unsafe condition, if not addressed, 
could result in the loss of the structural integrity 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-2023-41.

(h) Exception to Transport Canada AD CF-2023-41

    (1) Where Transport Canada AD CF-2023-41 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where paragraph A. of Transport Canada AD CF-2023-41 
specifies to ``incorporate the revised task AWL number 53-41-180 in 
Appendix B of the MRM CSP A-053 Part 2,'' this AD requires replacing 
that text with ``revise the existing maintenance or inspection 
program, as applicable, by incorporating the revised task AWL number 
53-41-180 specified in MHI RJ Temporary Revision 2B-2283, dated 
March 16, 2023.''
    (3) The initial compliance time for doing the task specified in 
paragraph A. of Transport Canada AD CF-2023-41 is at the applicable 
``threshold'' as specified in the service information referenced in 
paragraph B. of Transport Canada AD CF-2023-41, or within 60 days 
after the effective date of this AD, whichever occurs later.
    (4) This AD does not adopt paragraph B. of Transport Canada AD 
CF-2023-41.

[[Page 50503]]

(i) Provisions for Alternative Actions and 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) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Corrective 
Actions'' section of Transport Canada AD CF-2023-41.

(j) 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 (k) of this AD or email to: [email protected]. If 
mailing information, also submit information by email. 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

    For more information about this AD, contact Mark Taylor, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone 516-228-7300; email [email protected].

(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) Transport Canada AD CF-2023-41, dated June 15, 2023.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2023-41, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; phone 888-663-
3639; email [email protected]. You may find this Transport 
Canada AD on the Transport Canada website tc.canada.ca/en/aviation.
    (4) You may view this material 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.
    (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 May 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13016 Filed 6-13-24; 8:45 am]
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