[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Rules and Regulations]
[Pages 9212-9214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02374]
[[Page 9212]]
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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;
Amendment 39-22936; AD 2025-02-03]
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 Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. This 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 AD requires repetitive ultrasonic
inspections of certain structural areas for cracking, and prohibits use
of the previous revisions of certain procedures and mandates the use of
the revised procedures when performing the inspections required by the
associated AWL and SDIR tasks, as specified in a Transport Canada AD,
which is incorporated by reference (IBR). This AD also requires repair
of cracking. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective March 17, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 17,
2025.
ADDRESSES:
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 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 Transport Canada material identified in this 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.
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. It is also available at regulations.gov under
Docket No. FAA-2024-2012.
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
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM
published in the Federal Register on August 8, 2024 (89 FR 64837). The
NPRM was prompted by AD CF-2023-74, dated November 21, 2023 (Transport
Canada AD CF-2023-74) (also referred to as the MCAI), issued by
Transport Canada, which is the aviation authority for Canada. The MCAI
states MHI RJ Aviation ULC discovered that 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 that were
assembled without faying surface sealant.
In the NPRM, the FAA proposed to require repetitive ultrasonic
inspections of certain structural areas for cracking, and repair of
cracking. The FAA also proposed to 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 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2012.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Wisconsin Airlines. The
following presents the comment received on the NPRM and the FAA's
response to that comment.
Request for Clarification of Upper or Lower Web Repairs
Air Wisconsin Airlines requested a clarification for AWL NDTM part
4 procedure 601R-51-53-61-345, temporary revision (TR) 51-028, per the
MCAI. Air Wisconsin Airlines asked whether the proposed inspection
would be required only for the repaired portion of the upper web, or
for the lower web as well, if only a partial repair of the upper web
was accomplished per repair engineering order (REO) 601R-53-61-345.
The FAA provides the following clarification. This AD applies only
to an existing repair location. Therefore, if only the upper web has a
generic repair engineering order (GREO) per AWL 601R-53-61-345, the
inspection task 51-53-61-345 is used to inspect the upper web. The
lower web is inspected according to the intervals and inspection
methods specified in the applicable maintenance repair manual (MRM),
Part 2. The FAA has clarified this issue in paragraph (h)(5) of this
AD.
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
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.
Material Incorporated by Reference Under 1 CFR Part 51
Transport Canada AD CF-2023-74 specifies procedures for repetitive
ultrasonic inspections of certain
[[Page 9213]]
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.
Costs of Compliance
The FAA estimates that this AD would affect 395 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost 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 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
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:
2025-02-03 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-22936; Docket No. FAA-2024-2012;
Project Identifier MCAI-2023-01208-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 17, 2025.
(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 (Transport Canada AD CF-2023-74).
(h) Exceptions 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.
(5) If generic repair engineering order (GREO) 601R-53-61-345
has been performed only on the upper web or lower web, then the
inspection specified in non-destructive testing manual (NDTM) part 4
procedure 51-53-61-345 (as specified in Transport Canada AD CF-2023-
74) is applicable only to the repaired location (where a doubler is
installed).
(i) Additional AD Provisions
The following provisions also apply to this AD:
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(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:
[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 January 16, 2025.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-02374 Filed 2-7-25; 8:45 am]
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