Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.)
| Citation | 88 FR 62709 |
| Published date | 13 September 2023 |
| Record Number | 2023-19673 |
| Court | Federal Aviation Administration |
Federal Register, Volume 88 Issue 176 (Wednesday, September 13, 2023)
[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Proposed Rules]
[Pages 62709-62711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19673]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 /
Proposed Rules
[[Page 62709]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1823; Project Identifier MCAI-2023-00314-T]
RIN 2120-AA64
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain MHI RJ Model CL-600-2C10 (Regional Jet Series 700, 701 &
702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet
Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by
a report of a passenger seat Y-belt (lap belt) re-installed in the
wrong orientation, due to an incorrect maintenance manual. This
proposed AD would require inspecting certain Y-belts for correct
installation and damage and corrective actions if necessary. This
proposed AD would also prohibit the use of certain revisions of a
maintenance task. The FAA is proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments on this NPRM by October 30, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: (202) 493-2251.
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.
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 regulations.gov under
Docket No. FAA-2023-1823; 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:
For MHI RJ 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 mhirj.com">thd.crj@mhirj.com; website
mhirj.com.
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.
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:
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-2023-1823; Project Identifier
MCAI-2023-00314-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
regulations.gov, 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 Fatin
Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7350; email:
[email protected]. 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-2023-10, dated February 17, 2023
(Transport Canada AD CF-2023-10) (also referred to after this as the
MCAI), to correct an unsafe condition on certain MHI RJ Aviation ULC
(formerly Bombardier, Inc.) Model CL-600-2C10, CL-600-2C11, CL-600-
2D15, CL-600-2D24, and CL-600-2E25 airplanes. The MCAI states that
following maintenance on a Model CL-600-2C10 airplane, a Y-belt (also
known as lap belt) was re-installed in the wrong orientation. The MCAI
further states that the instructions contained within the aircraft
maintenance manual (AMM) on how to install the passenger seat Y-belts,
showed an incorrect orientation of the Y-belt assembly. The MCAI
confirms the manufacturer updated the AMM tasks and these instructions
have been
[[Page 62710]]
corrected. Y-belts installed in the wrong orientation, if not
corrected, could result in passenger injury due to head impact on the
front monument during an emergency landing.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1823.
Related Service Information Under 1 CFR Part 51
The FAA reviewed MHI RJ Service Bulletin 670BA-25-135, Revision B,
dated November 25, 2022. This service information specifies procedures
to inspect for correct installation (as shown in certain maintenance
tasks) of each passenger seat Y-belt. This service information also
specifies corrective actions, which include re-installing each
incorrectly installed Y-belt per certain maintenance tasks and
addressing damage (includes dents or misshapen hooks that attach the
belt to the seat).
This 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
These products has/have been approved by the aviation authority of
another country and are 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 described above. The FAA is issuing
this NPRM after determining that the unsafe condition 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 inspecting certain Y-belts for
correct installation and damage and corrective actions if necessary.
This proposed AD would also prohibit the use of certain revisions of a
maintenance task.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 606 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........................... $0 $170 $103,020
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The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
proposed inspection. The agency has no way of determining the number of
aircraft that might need these replacements.
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 0.5 work-hours x $85 per Up to $550 per Y- Up to $593.
hour = $43. belt assembly.
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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-2023-1823; Project Identifier MCAI-2023-00314-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 30, 2023.
[[Page 62711]]
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) airplanes, certificated in any
category, identified in paragraphs (c)(1) through (3) of this AD.
(1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers (S/
N) 10001 through 10348 inclusive.
(2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24
(Regional Jet Series 900) airplanes, S/N 15001 through 15499
inclusive.
(3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, S/N
19001 through 19064 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code: 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by a report of a passenger seat Y-belt
(lap-belt) re-installed in the wrong orientation, due to an
incorrect maintenance manual. The FAA is issuing this AD to detect
and address Y-belts that are incorrectly installed. The unsafe
condition, if not addressed, could result in passenger injury due to
head impact, on the front monument during an emergency landing.
(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: Within 24
months after the effective date of this AD, inspect each Y-belt for
correct installation and damage and, if any incorrect installation
or damage is found, within 24 months after the effective date of
this AD, do all applicable corrective actions, in accordance with
paragraph B, ``Procedure,'' of the Accomplishment Instructions of
MHI RJ Service Bulletin 670BA-25-135, Revision B, dated November 25,
2022. For this AD, damage includes dents or misshapen hooks that
attach the belt to the seat.
Note 1 to paragraph (g): Y-belts are also known as lap belts.
(h) Exceptions to Service Information
Where paragraph B, ``Procedure,'' of the Accomplishment
Instructions of MHI RJ Service Bulletin 670BA-25-135, Revision B,
dated November 25, 2022, specifies to ``refer to AMM'' replace those
words with ``in accordance with AMM.''
(i) Maintenance Task Prohibition
As of the effective date of this AD, it is prohibited to use MHI
RJ Aviation ULC Aircraft Maintenance Manual (AMM) task 25-21-04-400-
801, revision 69 or earlier.
(j) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the service information identified in
paragraph (j)(1) or (2) of this AD, provided the actions were done
using MHI RJ AMM Revision 70, dated May 25, 2022, or Revision 71,
dated December 16, 2022.
(1) MHI RJ Service Bulletin 670BA-25-135, dated June 1, 2022.
(2) MHI RJ Service Bulletin 670BA-25-135, Revision A, dated
August 30, 2022.
(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 ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (l)(2) of this AD or email to: [email protected].
If mailing information, also submit information by email. 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
(1) Refer to Transport Canada AD CF-2023-10, dated February 17,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1823.
(2) 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].
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (4) of this AD.
(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 the AD specifies otherwise.
(i) MHI RJ Service Bulletin 670BA-25-135, Revision B, dated
November 25, 2022.
(ii) [Reserved]
(3) For MHI RJ Aviation ULC 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 mhirj.com">thd.crj@mhirj.com; website mhirj.com.
(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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-19673 Filed 9-12-23; 8:45 am]
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