Proposed Rule2022-11544
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 31, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed 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 fuselage station (FS) 460 and FS513 does not address all required inspections. This proposed AD would require using a revised NDT procedure when performing an airworthiness limitation task. This proposed AD would also prohibit the use of earlier revisions of that NDT procedure. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Proposed Rules]
[Pages 32365-32368]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11544]
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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]
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-600-2B19 (Regional Jet Series
100 & 440) airplanes. This proposed AD was prompted by a determination
that a certain nondestructive test (NDT) procedure associated with a
certain airworthiness limitation for inspecting
[[Page 32366]]
surface and subsurface fatigue cracks at fuselage station (FS) 460 and
FS513 does not address all required inspections. This proposed AD would
require using a revised NDT procedure when performing an airworthiness
limitation task. This proposed AD would also prohibit the use of
earlier revisions of that NDT procedure. 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 July 15,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, 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 <a href="/cdn-cgi/l/email-protection#15617d713b76677f55787d7c677f3b767a78"><span class="__cf_email__" data-cfemail="66120e024805140c260b0e0f140c4805090b">[email protected]</span></a>; internet <a href="https://mhirj.com">https://mhirj.com</a>. 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.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.
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:
<a href="/cdn-cgi/l/email-protection#9afeffffeab4fdfbefe8fbecdafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="a3c7c6c6d38dc4c2d6d1c2d5e3c5c2c28dc4ccd5">[email protected]</span></a>.
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-2022-0590; Project Identifier
MCAI-2021-01395-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
the 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 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: <a href="/cdn-cgi/l/email-protection#7a1e1f1f0a541d1b0f081b0c3a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="cbafaeaebbe5acaabeb9aabd8badaaaae5aca4bd">[email protected]</span></a>. 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 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) (referred to after this as the Mandatory
Continuing Airworthiness Information, or 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 on
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0590.
This proposed AD was prompted by a determination that the NDT
procedure specified in MHI RJ CRJ200 Nondestructive Testing Manual
(NDTM) Part 6--Eddy Current, procedure number 53-41-194, dated October
10, 2020, associated with airworthiness limitation task number 53-41-
194 does not address all required inspections. MHI RJ CRJ200 NDTM Part
6--Eddy Current, procedure number 53-41-194, dated October 10, 2020, is
a NDT procedure for the special detailed inspection (eddy current
inspection) for surface and subsurface fatigue cracks at FS460 and
FS513 referenced in airworthiness limitation task number 53-41-194.
Airworthiness limitations are the outside marker to ensure the
continued safety of an airplane but in this case, the procedure
associated with the airworthiness limitation was inadequate, leading to
missed fatigue cracking in these airplanes. The FAA is proposing 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.
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
a 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.
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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition
[[Page 32367]]
described previously is likely to exist or develop on other products of
the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require using a revised NDT procedure when
performing a certain airworthiness limitation task. This AD also
prohibits the use of earlier revisions of that NDT procedure when
performing that airworthiness limitation task.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 427 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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Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 $510 $217,770
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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-2022-0590; Project Identifier MCAI-2021-01395-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by July 15, 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,
[[Page 32368]]
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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2021-47, dated December 13, 2021, for related
information for related information. This MCAI may be found in the
AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#a5c1c0c0d58bc2c4d0d7c4d3e5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="a1c5c4c4d18fc6c0d4d3c0d7e1c7c0c08fc6ced7">[email protected]</span></a>.
(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 <a href="/cdn-cgi/l/email-protection#6c180408420f1e062c0104051e06420f0301"><span class="__cf_email__" data-cfemail="5a2e323e743928301a373233283074393537">[email protected]</span></a>;
internet <a href="https://mhirj.com">https://mhirj.com</a>. 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.
Issued on May 24, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11544 Filed 5-27-22; 8:45 am]
BILLING CODE 4910-13-P
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