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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Proposed Rules]
[Pages 2517-2520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00493]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0031; Project Identifier MCAI-2022-01307-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-600-2C10 (Regional Jet Series 
700, 701 & 702); CL-600-2C11 (Regional Jet Series 550); CL-600-2D15 
(Regional Jet Series 705); and CL-600-2D24 (Regional Jet Series 900) 
airplanes. This proposed AD was prompted by a determination that a 
potential crack of the tombstone fitting lug cannot be detected as the 
bushings remaining in place during accomplishment of the special 
detailed inspection (SDI) required by a certain airworthiness 
limitation (ALI) task. This proposed AD would require inspecting the 
tombstone fitting lug with a new SDI sub-surface ultrasound procedure 
when accomplishing the ALI task, as specified in a Transport Canada AD, 
which is proposed for incorporation by reference (IBR). This proposed 
AD would also require corrective actions if necessary. 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 March 1, 
2024.

[[Page 2518]]

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-2024-0031; 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 material that is proposed for IBR 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. It is also 
available at regulations.gov under Docket No. FAA-2024-0031.
     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 ADDRESSES. Include ``Docket No. FAA-2024-0031; Project Identifier 
MCAI-2022-01307-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 (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-2022-54R1, dated October 4, 2022 
(Transport Canada AD CF-2022-54R1) (also referred to after this as the 
MCAI), to correct an unsafe condition for certain MHI RJ Aviation ULC 
Model CL-600-2C10 (Regional Jet Series 700, 701 & 702); CL-600-2C11 
(Regional Jet Series 550); CL-600-2D15 (Regional Jet Series 705); and 
CL-600-2D24 (Regional Jet Series 900) airplanes. Transport Canada AD 
CF-2022-54R1 superseded Transport Canada AD CF-2022-54, dated September 
13, 2022 (Transport Canada AD CF-2022-54), to correct a reference to an 
incorrect maintenance requirements manual number.
    Transport Canada AD CF-2022-54R1 states that MHI RJ discovered that 
the MHI RJ Non-Destructive Testing Manual (NDTM) Part 6, Procedure 53-
61-121-250, associated with ALI Task 53-61-121, is not adequate to 
detect a potential crack of the tombstone fitting lug before the 
critical crack size is reached as the bushings remain in place during 
the SDI. Transport Canada AD CF-2022-54R1 mandates the use of new 
ultrasonic MHI RJ NDTM Part 4, Procedure 53-61-121-270, in conjunction 
with NDTM Part 6, Procedure 53-61-121-250, during accomplishment of the 
SDIs required by ALI Task 53-61-121.
    The FAA is proposing this AD to address the undetected cracking of 
the tombstone fitting lug. If the crack is not detected, the tombstone 
fitting lug will eventually fail. The failure will cause a transfer of 
load to other engine attachment points, which will then be overloaded 
and compromised in their structural integrity. This can lead to a rapid 
failure mode, potentially resulting in the loss of the engine. You may 
examine the MCAI in the AD docket at regulations.gov under Docket No. 
FAA-2024-0031.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-54R1 specifies procedures for 
accomplishing a special detailed inspection for cracks of the engine 
forward support frame's tombstone top and bottom fitting lugs at frame 
fuselage station (FS) 1051.30, during the accomplishment of the SDIs 
required by ALI Task 53-61-121. 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 ADDRESSES.

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 and 
service information 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-2022-54R1 described previously, except for 
any differences identified as exceptions in the regulatory text of this 
proposed AD,

[[Page 2519]]

and except as discussed under ``Difference Between this Proposed AD 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-2022-54R1 by 
reference in the FAA final rule. This proposed AD would, therefore, 
require compliance with Transport Canada AD CF-2022-54R1 in its 
entirety through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
Service information required by Transport Canada AD CF-2022-54R1 for 
compliance will be available at regulations.gov under Docket No. FAA-
2024-0031 after the FAA final rule is published.

Difference Between This NPRM and the MCAI

    Transport Canada AD CF-2022-54R1 did not specify any corrective 
action for cracking found during the required inspection. This proposed 
AD would require repairing all cracks before further flight.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 597 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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           Labor cost                Parts cost      Cost per product            Cost on U.S. operators
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2 work-hours x $85 per hour =                 $0   $170 (per interval)  $101,490 (per interval).
 $170 (per interval).
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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 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-2024-0031; Project Identifier MCAI-2022-01307-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 1, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Model CL-600-2C10 (Regional Jet 
Series 700, 701 & 702); CL-600-2C11 (Regional Jet Series 550); CL-
600-2D15 (Regional Jet Series 705); and CL-600-2D24 (Regional Jet 
Series 900) airplanes, certificated in any category, as identified 
in Transport Canada AD CF-2022-54R1, dated October 4, 2022 
(Transport Canada AD CF-2022-54R1).

(d) Subject

    Air Transport Association (ATA) of America 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a determination that the MHI RJ Non-
Destructive Testing Manual (NDTM) Part 6, Procedure 53-61-121-250, 
associated with Airworthiness Limitations (ALI) Task 53-61-121, is 
not adequate to detect a potential crack of the tombstone fitting 
lug as the bushings remain in place during the special detailed 
inspection (SDI). The FAA is issuing this AD to address the 
undetected cracking of the tombstone fitting lug. If the crack is 
not detected, the tombstone fitting lug will eventually fail. The 
failure will cause a transfer of load to other engine attachment 
points, which will then be overloaded and compromised in their 
structural integrity. This can lead to a rapid failure mode, 
potentially resulting in the loss of the engine.

(f) Compliance

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

(g) Requirements

    Except as required by paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada CF-2022-54R1.

(h) Exceptions to Transport Canada CF-2022-54R1

    (1) Where Transport Canada AD CF-2022-54R1 refers to the 
effective date of AD CF-2022-54 (September 27, 2022), this AD 
requires using the effective date of this AD.

[[Page 2520]]

    (2) Where paragraph A. of Transport Canada AD CF-2022-54R1 
specifies inspecting ``For aeroplanes that, as of the effective date 
of AD CF-2022-54 (27 September 2022), have not been inspected as 
required by MRM CSP B-053 Part 2 ALI Task 53-61-121,'' this AD 
requires replacing those words with ``For all airplanes.''
    (3) This AD does not adopt paragraph B. of Transport Canada AD 
CF-2022-54R1.
    (4) Where paragraph A. of Transport Canada AD CF-2022-54R1 
specifies inspecting ``within the intervals in MRM CSP B-053 Part 2 
for ALI Task 53-61-121,'' for this AD, the initial compliance time 
for the task is within the ``threshold'' specified in the service 
information identified in paragraph A. Transport Canada AD CF-2022-
54R1 or within 90 days after the effective date of this AD, 
whichever occurs later.

(i) Crack Repair

    If any cracking is found during the actions required by 
paragraph (g) of this AD, repair the cracking 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 DOA-authorized signature.

(j) No Reporting Requirement

    Although the service information referenced in Transport Canada 
AD CF-2022-54R1 specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(k) 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 (l) 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.

(l) 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].

(m) 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-2022-54R1, dated October 4, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-54R1, 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 6, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2024-00493 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-13-P
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