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

[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 34986-34988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09340]



[[Page 34986]]

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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; 
Amendment 39-22729; AD 2024-07-08]
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 
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 AD was prompted by a determination that a potential 
crack of the tombstone fitting lug cannot be detected as the bushings 
remain in place during accomplishment of the special detailed 
inspection (SDI) required by a certain airworthiness limitation (ALI) 
task. This AD requires 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 incorporated by 
reference. This AD also requires corrective actions if necessary. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective June 5, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 5, 
2024.

ADDRESSES: 
    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 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 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-2024-0031.

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 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. The NPRM published in 
the Federal Register on January 16, 2024 (89 FR 2517). The NPRM was 
prompted by Transport Canada AD CF-2022-54R1, dated October 4, 2022, 
issued by Transport Canada, which is the aviation authority for Canada 
(Transport Canada AD CF-2022-54R1) (also referred to as the MCAI). 
Transport Canada AD CF-2022-54R1 superseded Transport Canada AD CF-
2022-54, dated September 13, 2022, to correct a reference to an 
incorrect maintenance requirements manual number. The MCAI 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.
    In the NPRM, the FAA proposed to require inspecting the tombstone 
fitting lug with a new SDI sub-surface ultrasound procedure when 
accomplishing the ALI task, as specified in Transport Canada AD CF-
2022-54R1. The NPRM also proposed to require corrective actions 
(repairing cracks) if necessary. 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0031.

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 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

    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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 597 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 34987]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
                       Labor cost                           Parts cost     Cost per product     operators (per
                                                                            (per interval)         interval)
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170 (per interval)......              $0                $170            $101,490
----------------------------------------------------------------------------------------------------------------

    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:

2024-07-08 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22729; Docket No. FAA-2024-0031; 
Project Identifier MCAI-2022-01307-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 5, 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.
    (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 that text 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. of 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

[[Page 34988]]

Branch, mail it to the address identified in paragraph (l) 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.

(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 April 2, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09340 Filed 4-30-24; 8:45 am]
BILLING CODE 4910-13-P

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