Proposed Rule2024-07374
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
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Published
April 9, 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-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD was prompted by a determination that the overhead bin attachment could fail under certain conditions. This proposed AD would require replacing existing overhead bin hook assemblies and support tubes with a different type, 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 69 (Tuesday, April 9, 2024)</title>
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[Federal Register Volume 89, Number 69 (Tuesday, April 9, 2024)]
[Proposed Rules]
[Pages 24745-24748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07374]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0995; Project Identifier MCAI-2023-01075-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 the overhead bin attachment could fail under certain conditions.
This proposed AD would require replacing existing overhead bin hook
assemblies and support tubes with a different type, 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 May 24,
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-2024-0995; 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
[[Page 24746]]
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#a7f3e489e6ced5d0c8d5d3cfcec9c2d4d4e3ced5c2c4d3ced1c2d48ae4c8c9d4cec0c9c2d4c3c2c9c6d1cec0c6c5cecbced3c289f3e4e7d3c489c0c489c4c6"><span class="__cf_email__" data-cfemail="e3b7a0cda28a91948c91978b8a8d869090a78a918680978a958690cea08c8d908a848d869087868d82958a8482818a8f8a9786cdb7a0a39780cd8480cd8082">[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-
2024-0995.
<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: 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#70495d1106035d1e0911131f5d131f03301611115e171f06"><span class="__cf_email__" data-cfemail="a49d89c5d2d789caddc5c7cb89c7cbd7e4c2c5c58ac3cbd2">[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-2024-0995; Project Identifier
MCAI-2023-01075-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#c4fde9a5b2b7e9aabda5a7abe9a7abb784a2a5a5eaa3abb2"><span class="__cf_email__" data-cfemail="11283c7067623c7f6870727e3c727e62517770703f767e67">[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-2023-71, dated October 16, 2023
(Transport Canada AD CF-2023-71) (also referred to after this as the
MCAI), to correct an unsafe condition on certain MHI RJ Aviation ULC
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI
states that during a review of the certification test of the overhead
bin configuration (also referred to as overhead storage compartment),
it was discovered that the aft serrated hook attachment could fail when
the overhead bin is subjected to the 9G forward emergency landing
condition certification requirements. A design review revealed that a
tolerance buildup could lead to a lack of engagement between the
serrated hooks and the supporting serrated tube. This condition leads
to a lack of forward load reaction capability, which is essential
during an emergency landing, and could result in displacement of the
overhead bins. As a result, the overhead bins could fall on the
occupants and/or prevent access to emergency exits.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0995.
Related Service Information Under 1 CFR Part 51
Transport Canada AD CF-2023-71 specifies procedures for the
replacement of the existing serrated hook assemblies and serrated
support tubes with hook assemblies using a shear pin and non-serrated
support tubes on the overhead bins.
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
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-2023-71 described previously, except for any
differences identified as exceptions in the regulatory text 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-2023-71 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-71 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-2023-71 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0995 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 230 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 24747]]
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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21 * work-hours x $85 per hour = $1,785...................... $1,764 $3,549 $816,270
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* This figure does not include the time (up to 24 hours) for curing the sealant applied around the new hook
assembly.
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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-2024-0995; Project Identifier MCAI-2023-01075-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 24, 2024.
(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, as identified in Transport Canada AD CF-2023-71, dated
October 16, 2023 (Transport Canada AD CF-2023-71).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a determination that the overhead bin
attachment could fail under certain conditions. The FAA is issuing
this AD to address a lack of forward load reaction capability during
a high forward G emergency landing condition that could result in
displacement of the overhead bins. The unsafe condition, if not
addressed, could result in the overhead bins falling on the
occupants and/or preventing access to emergency exits.
(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-2023-71.
(h) Exception to Transport Canada AD CF-2023-71
(1) Where Transport Canada AD CF-2023-71 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2023-71 refers to hours air
time, this AD requires using flight hours.
(i) 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 (j) of this AD. Information may be emailed to: 9-AVS-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="e2acbba3a1adcfa1adb1a2848383cc858d94">[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.
(j) 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#2f16024e595c0241564e4c40024c405c6f494e4e01484059"><span class="__cf_email__" data-cfemail="d0e9fdb1a6a3fdbea9b1b3bffdb3bfa390b6b1b1feb7bfa6">[email protected]</span></a>.
(k) 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-2023-71, dated October 16, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-71, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email
[[Page 24748]]
<a href="/cdn-cgi/l/email-protection#ecb8afc2ad859e9b839e98848582899f9fa8859e898f98859a899fc1af83829f858b82899f8889828d9a858b8d8e8580859889c2b8afac988fc28b8fc28f8d"><span class="__cf_email__" data-cfemail="c29681ec83abb0b5adb0b6aaabaca7b1b186abb0a7a1b6abb4a7b1ef81adacb1aba5aca7b1a6a7aca3b4aba5a3a0abaeabb6a7ec968182b6a1eca5a1eca1a3">[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#bcdace92d5d2cfccd9dfc8d5d3d2fcd2ddcedd92dbd3ca"><span class="__cf_email__" data-cfemail="1b7d69357275686b7e786f7274755b757a697a357c746d">[email protected]</span></a>.
Issued on April 2, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-07374 Filed 4-8-24; 8:45 am]
BILLING CODE 4910-13-P
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