Proposed Rule2024-00493
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
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Published
January 16, 2024
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-600-2C10 (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 proposed AD was prompted by a determination that a potential crack of the tombstone fitting lug cannot be detected as the bushings remaining in place during accomplishment of the special detailed inspection (SDI) required by a certain airworthiness limitation (ALI) task. This proposed AD would require 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 proposed for incorporation by reference (IBR). This proposed AD would also require corrective actions if necessary. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 10 (Tuesday, January 16, 2024)</title>
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[Federal Register Volume 89, Number 10 (Tuesday, January 16, 2024)]
[Proposed Rules]
[Pages 2517-2520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00493]
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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]
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-600-2C10 (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 proposed AD was prompted by a determination that a
potential crack of the tombstone fitting lug cannot be detected as the
bushings remaining in place during accomplishment of the special
detailed inspection (SDI) required by a certain airworthiness
limitation (ALI) task. This proposed AD would require 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 proposed for incorporation by reference (IBR). This proposed
AD would also require corrective actions if necessary. 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 March 1,
2024.
[[Page 2518]]
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="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> 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 NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material that is proposed for IBR in this AD, contact
Transport Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email <a href="/cdn-cgi/l/email-protection#ffabbcd1be968d88908d8b9796919a8c8cbb968d9a9c8b96899a8cd2bc90918c9698919a8c9b9a919e8996989e9d9693968b9ad1abbcbf8b9cd1989cd19c9e"><span class="__cf_email__" data-cfemail="590d1a7718302b2e362b2d3130373c2a2a1d302b3c3a2d302f3c2a741a36372a303e373c2a3d3c37382f303e383b3035302d3c770d1a192d3a773e3a773a38">[email protected]</span></a>. You may find this material on the
Transport Canada website at tc.canada.ca/en/aviation. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0031.
<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.
FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email <a href="/cdn-cgi/l/email-protection#9ca5b1fdeaefb1f2e5fdfff3b1fff3efdcfafdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="c0f9eda1b6b3edaeb9a1a3afeda3afb380a6a1a1eea7afb6">[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-2024-0031; Project Identifier
MCAI-2022-01307-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
this 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="http://regulations.gov">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 Yaser
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#665f4b0710154b081f0705094b0509152600070748010910"><span class="__cf_email__" data-cfemail="7a43571b0c095714031b1915571915093a1c1b1b541d150c">[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, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-54R1, dated October 4, 2022
(Transport Canada AD CF-2022-54R1) (also referred to after this as the
MCAI), to correct an unsafe condition 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. Transport Canada AD
CF-2022-54R1 superseded Transport Canada AD CF-2022-54, dated September
13, 2022 (Transport Canada AD CF-2022-54), to correct a reference to an
incorrect maintenance requirements manual number.
Transport Canada AD CF-2022-54R1 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.
The FAA is proposing 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 <a href="http://regulations.gov">regulations.gov</a> under Docket No.
FAA-2024-0031.
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 ADDRESSES.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in Transport Canada AD CF-2022-54R1 described previously, except for
any differences identified as exceptions in the regulatory text of this
proposed AD,
[[Page 2519]]
and except as discussed under ``Difference Between this Proposed AD and
the MCAI.''
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate Transport Canada AD CF-2022-54R1 by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with Transport Canada AD CF-2022-54R1 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Service information required by Transport Canada AD CF-2022-54R1 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-0031 after the FAA final rule is published.
Difference Between This NPRM and the MCAI
Transport Canada AD CF-2022-54R1 did not specify any corrective
action for cracking found during the required inspection. This proposed
AD would require repairing all cracks before further flight.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 597 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $0 $170 (per interval) $101,490 (per interval).
$170 (per interval).
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the repairs specified in this proposed 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
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-2024-0031; Project Identifier MCAI-2022-01307-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 1, 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.
[[Page 2520]]
(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 those words 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. 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 Branch, mail it to the address identified
in paragraph (l) of this AD. Information may be emailed to: 9-AVS-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="6a24332b2925472925392a0c0b0b440d051c">[email protected]</a>. 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 <a href="/cdn-cgi/l/email-protection#a29b8fc3d4d18fccdbc3c1cd8fc1cdd1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="182135796e6b357661797b77357b776b587e7979367f776e">[email protected]</span></a>.
(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 <a href="/cdn-cgi/l/email-protection#06524528476f74716974726e6f68637575426f746365726f7063752b456968756f6168637562636867706f6167646f6a6f7263285245467265286165286567"><span class="__cf_email__" data-cfemail="590d1a7718302b2e362b2d3130373c2a2a1d302b3c3a2d302f3c2a741a36372a303e373c2a3d3c37382f303e383b3035302d3c770d1a192d3a773e3a773a38">[email protected]</span></a>. 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#86e0f4a8efe8f5f6e3e5f2efe9e8c6e8e7f4e7a8e1e9f0"><span class="__cf_email__" data-cfemail="264054084f4855564345524f4948664847544708414950">[email protected]</span></a>.
Issued on January 6, 2024.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2024-00493 Filed 1-12-24; 8:45 am]
BILLING CODE 4910-13-P
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