[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]


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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).

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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
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                                                                                                   Cost on U.S.
                        Labor cost                            Parts cost      Cost per product      operators
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5 work-hours x $85 per hour = $425.......................              $0                 $425         $167,875
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    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]
BILLING CODE 4910-13-P