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

[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:
    <bullet> 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.
    <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 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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425         $167,875
----------------------------------------------------------------------------------------------------------------

    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:

[[Page 9214]]

    (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]
BILLING CODE 4910-13-P

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