Proposed Rule2024-00343
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
January 11, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all MHI RJ Aviation ULC Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a Transport Canada AD, which is proposed for incorporation by reference (IBR). 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 8 (Thursday, January 11, 2024)</title>
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[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Proposed Rules]
[Pages 1849-1851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00343]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0026; Project Identifier MCAI-2023-00776-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 all MHI RJ Aviation ULC Model CL-600-2E25 (Regional Jet Series
1000) airplanes. This proposed AD was prompted by a determination that
new or more restrictive airworthiness limitations are necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in a Transport
Canada AD, which is proposed for incorporation by reference (IBR). 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 February
26, 2024.
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-2024-0026; 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 Transport Canada material that is proposed for IBR in
this NPRM, 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#6b3f28452a02191c04191f0302050e18182f02190e081f021d0e184628040518020c050e180f0e050a1d020c0a090207021f0e453f282b1f08450c0845080a"><span class="__cf_email__" data-cfemail="36627518775f44415944425e5f58534545725f445355425f4053451b755958455f5158534552535857405f5157545f5a5f4253186275764255185155185557">[email protected]</span></a>; website tc.canada.ca/en/aviation.
It is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0026.
<bullet> 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 <a href="/cdn-cgi/l/email-protection#7b42561a0d085615021a1814561814083b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="edd4c08c9b9ec083948c8e82c08e829ead8b8c8cc38a829b">[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-2024-0026; Project Identifier
MCAI-2023-00776-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 Fatin
Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#497064283f3a642730282a26642a263a092f2828672e263f"><span class="__cf_email__" data-cfemail="655c48041316480b1c04060a48060a16250304044b020a13">[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 AD CF-2023-43, dated June 21, 2023 (Transport Canada AD CF-2023-
43) (also referred to as the MCAI), to correct an unsafe condition for
all MHI RJ Aviation ULC Model CL-600-2E25 (Regional Jet Series 1000)
airplanes. The MCAI states that new or more restrictive airworthiness
limitations have been developed.
The FAA is proposing this AD to prevent potential fatigue cracking
and
[[Page 1850]]
damage in principal structural elements. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane. You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2024-0026.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-43, which specifies
new or more restrictive airworthiness limitations for airplane
structures and a safe life limit. 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
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
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 revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in Transport
Canada AD CF-2023-43 described previously, as incorporated by
reference. Any differences with Transport Canada AD CF-2023-43 are
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (j)(1) of this proposed AD.
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-2023-43 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-43 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-2023-43 for compliance will be available at
<a href="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No. FAA-2024-0026
after the FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOC paragraph under ``Additional AD Provisions.'' This new format
includes a ``New Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 5 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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 has 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,
[[Page 1851]]
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-2024-0026; Project Identifier MCAI-2023-00776-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 26, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) Model CL-600-2E25 (Regional Jet
Series 1000) airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to prevent potential fatigue cracking and damage in
principal structural elements. The unsafe condition, if not
addressed, could result in reduced structural integrity 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-2023-43, dated June 21, 2023
(Transport Canada AD CF-2023-43).
(h) Exceptions to Transport Canada AD CF-2023-43
(1) Where Transport Canada AD CF-2023-43 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where paragraph 1. of Transport Canada AD CF-2023-43
specifies to ``incorporate the new and revised tasks identified in
Table 1 below, in the appropriate chapter within Section 2 and
Section 3 of the MRM CSP B-053 Part 2 manual,'' this AD requires
replacing those words with ``revise the existing maintenance or
inspection program, as applicable, by incorporating the new and
revised tasks identified in Table 1.''
(3) The initial compliance time for doing the tasks specified in
paragraph 1. of Transport Canada AD CF-2023-43 is at the applicable
``thresholds'' and ``discard times'' as specified in the service
information referenced in paragraph 1. of Transport Canada AD CF-
2023-43, or within 60 days after the effective date of this AD,
whichever occurs later.
(4) This AD does not adopt paragraph 2. of Transport Canada AD
CF-2023-43.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Corrective
Actions'' section of Transport Canada AD CF-2023-43.
(j) 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 (k) of this AD. Information may be emailed to 9-AVS-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f9b7a0b8bab6d4bab6aab99f9898d79e968f">[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.
(k) Additional Information
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 <a href="/cdn-cgi/l/email-protection#043d29657277296a7d65676b29676b77446265652a636b72"><span class="__cf_email__" data-cfemail="cef7e3afb8bde3a0b7afada1e3ada1bd8ea8afafe0a9a1b8">[email protected]</span></a>.
(l) 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-2023-43, dated June 21, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-43, 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#c09483ee81a9b2b7afb2b4a8a9aea5b3b384a9b2a5a3b4a9b6a5b3ed83afaeb3a9a7aea5b3a4a5aea1b6a9a7a1a2a9aca9b4a5ee948380b4a3eea7a3eea3a1"><span class="__cf_email__" data-cfemail="9dc9deb3dcf4efeaf2efe9f5f4f3f8eeeed9f4eff8fee9f4ebf8eeb0def2f3eef4faf3f8eef9f8f3fcebf4fafcfff4f1f4e9f8b3c9dedde9feb3fafeb3fefc">[email protected]</span></a>; website tc.canada.ca/en/
aviation.
(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 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#84e2f6aaedeaf7f4e1e7f0edebeac4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="177165397e7964677274637e7879577976657639707861">[email protected]</span></a>.
Issued on January 5, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-00343 Filed 1-10-24; 8:45 am]
BILLING CODE 4910-13-P
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