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

[Federal Register Volume 87, Number 162 (Tuesday, August 23, 2022)]
[Rules and Regulations]
[Pages 51590-51592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18113]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0590; Project Identifier MCAI-2021-01395-T; 
Amendment 39-22134; AD 2022-16-05]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 
certain nondestructive test (NDT) procedure associated with a certain 
airworthiness limitation for inspecting surface and subsurface fatigue 
cracks at certain fuselage stations does not address all required 
inspections. This AD requires using a revised NDT procedure when 
performing an airworthiness limitation task. This AD also prohibits the 
use of earlier revisions of that NDT procedure. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective September 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
27, 2022.

ADDRESSES: 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 [email protected]; internet 
www.mhirj.com. You may view this service information 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 
www.regulations.gov by searching for and locating Docket No. FAA-2022-
0590.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0590; 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.

FOR FURTHER INFORMATION CONTACT: Deep Gaurav, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7300; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-47, dated December 13, 
2021 (TCCA AD CF-2021-47) (also referred to as the MCAI), to correct an 
unsafe condition for certain MHI RJ Aviation ULC Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. You may examine the MCAI in 
the AD docket at www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0590.
    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 May 31, 2022 (87 FR 32365). 
The NPRM was prompted by a determination that a certain NDT procedure 
associated with a certain airworthiness limitation for inspecting 
surface and subsurface fatigue cracks at fuselage station (FS) 460 and 
FS513 does not address all required inspections. The NPRM proposed to 
require using a revised NDT procedure when performing an airworthiness 
limitation task. The NPRM also proposed to prohibit the use of earlier 
revisions of that NDT procedure. The FAA is issuing this AD to address 
such fatigue cracks, which could result in failure of the pressure 
floor skin and consequent rapid decompression of the airplane during 
flight. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation ULC has issued MHI RJ CRJ200 NDTM Temporary 
Revision 53-109, dated March 5, 2021. This temporary revision describes 
an NDT procedure to do a special detailed inspection (eddy current 
inspection) for surface and subsurface cracks at FS460 and FS513. 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.

[[Page 51591]]

Costs of Compliance

    The FAA estimates that this AD will affect 427 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................              $0             $510         $217,770
----------------------------------------------------------------------------------------------------------------

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:

2022-16-05 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22134; Docket No. FAA-2022-0590; 
Project Identifier MCAI-2021-01395-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 27, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, serial numbers 7003 through 8079 inclusive, on which 
Bombardier Service Bulletin 601R-53-067 and/or Bombardier Service 
Bulletin 601R-53-077 has been incorporated.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that a certain 
nondestructive test procedure associated with a certain 
airworthiness limitation for inspecting surface and subsurface 
fatigue cracks at fuselage station (FS) 460 and FS513 does not 
address all required inspections. The FAA is issuing this AD to 
address such fatigue cracks, which could result in failure of the 
pressure floor skin and consequent rapid decompression of the 
airplane during flight.

(f) Compliance

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

(g) Maintenance Procedure Limitation

    As of the effective date of this AD, use MHI RJ CRJ200 
Nondestructive Testing Manual (NDTM) Part 6--Eddy Current, procedure 
number 53-41-194, Special Detailed Inspection of the Pressure Floor 
at FS460.00 and/or FS513.00 Between LBL18.00 and RBL18.00, as 
specified in MHI RJ CRJ200 NDTM Temporary Revision 53-109, dated 
March 5, 2021, when performing airworthiness limitation task number 
53-41-194.
    Note 1 to paragraph (g): MHI RJ CRJ200 NDTM Temporary Revision 
53-109, dated March 5, 2021, revises procedure number 53-41-194 
specified in airworthiness limitation task number 53-41-194, which 
can be found in Appendix B, Airworthiness Limitations, in Part 2, 
Airworthiness Requirements, of the MHI RJ CL-600-2B19 Maintenance 
Requirements Manual, CSP A-053.

(h) Maintenance Procedure Prohibition

    As of the effective date of this AD, it is prohibited to use MHI 
RJ CRJ200 NDTM Part 6--Eddy Current, procedure number 53-41-194, 
dated October 10, 2020, or earlier revisions when performing 
airworthiness limitation task number 53-41-194.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR 
21.197 and 21.199 to operate the airplane to a location where the 
airplane can be inspected, provided the flight is a non-revenue 
flight.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ 
Aviation ULC's TCCA Design Approval Organization (DAO). If approved 
by the DAO, the approval must include the DAO-authorized signature.

[[Page 51592]]

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-47, dated December 13, 2021, for related 
information. This MCAI may be found in the AD docket at 
www.regulations.gov by searching for and locating Docket No. FAA-
2022-0590.
    (2) For more information about this AD, contact Deep Gaurav, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone: 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) MHI RJ CRJ200 Nondestructive Testing Manual Temporary 
Revision 53-109, dated March 5, 2021.
    (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 [email protected]; 
internet www.mhirj.com.
    (4) You may view this service information 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 28, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-18113 Filed 8-22-22; 8:45 am]
BILLING CODE 4910-13-P

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