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

[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Rules and Regulations]
[Pages 24689-24691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07390]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0026; Project Identifier MCAI-2023-00776-T; 
Amendment 39-22710; AD 2024-06-05]
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-600-2E25 (Regional Jet Series 1000) 
airplanes. This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. This AD requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations, 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 May 14, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 14, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0026; 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:
    <bullet> For Transport Canada material incorporated by reference 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]; website tc.canada.ca/en/aviation.
    <bullet> 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 in the AD docket at 
regulations.gov under Docket No. FAA-2024-0026.

FOR FURTHER INFORMATION CONTACT: Fatin Saumik, 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-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM 
published in the Federal Register on January 11, 2024 (89 FR 1849). The 
NPRM was prompted by AD CF-2023-43, dated June 21, 2023, issued by 
Transport Canada, which is the aviation authority for Canada (Transport 
Canada AD CF-2023-43) (also referred to as the MCAI). The MCAI states 
that new or more restrictive airworthiness limitations have been 
developed.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in Transport 
Canada AD CF-2023-43. The FAA is issuing this AD to prevent potential 
fatigue cracking and damage in principal structural elements. The 
unsafe condition, if not addressed, could result in reduced structural 
integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0026.

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

    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 and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD

[[Page 24690]]

to address the unsafe condition on this product. 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.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Transport Canada AD CF-2023-43, which specifies 
new or more restrictive airworthiness limitations for airplane 
structures and a safe life limit. 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 5 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:

2024-06-05 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22710; Docket No. FAA-2024-0026; 
Project Identifier MCAI-2023-00776-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 14, 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-600-2E25 (Regional Jet 
Series 1000) airplanes, certificated in any category.

(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 new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to prevent potential fatigue cracking and damage in 
principal structural elements. The unsafe condition, if not 
addressed, could result in reduced 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-2023-43, dated June 21, 2023 
(Transport Canada AD CF-2023-43).

(h) Exceptions to Transport Canada AD CF-2023-43

    (1) Where Transport Canada AD CF-2023-43 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where paragraph 1. of Transport Canada AD CF-2023-43 
specifies to ``incorporate the new and revised tasks identified in 
Table 1 below, in the appropriate chapter within Section 2 and 
Section 3 of the MRM CSP B-053 Part 2 manual,'' this AD requires 
replacing that text with ``revise the existing maintenance or 
inspection program, as applicable, by incorporating the new and 
revised tasks identified in Table 1.''
    (3) The initial compliance time for doing the tasks specified in 
paragraph 1. of Transport Canada AD CF-2023-43 is at the applicable 
``thresholds'' and ``discard times'' as specified in the service 
information referenced in paragraph 1. of Transport Canada AD CF-
2023-43, or within 60 days after the effective date of this AD, 
whichever occurs later.
    (4) This AD does not adopt paragraph 2. of Transport Canada AD 
CF-2023-43.

(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-2023-43.

(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. 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

[[Page 24691]]

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 Fatin Saumik, 
Aviation Safety Engineer, FAA, 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) Transport Canada AD CF-2023-43, dated June 21, 2023.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2023-43, 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.
    (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 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 March 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-07390 Filed 4-8-24; 8:45 am]
BILLING CODE 4910-13-P

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