Rule2024-28786
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
December 9, 2024
Effective
January 13, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by a determination that the overhead bin attachment could fail under certain conditions. This AD requires replacing existing overhead bin hook assemblies and support tubes with a different type, as specified in a Transport Canada AD, which is incorporated by reference (IBR). The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97507-97510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28786]
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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;
Amendment 39-22897; AD 2024-24-07]
RIN 2120-AA64
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100
& 440) airplanes. This AD was prompted by a determination that the
overhead bin attachment could fail under certain conditions. This AD
requires replacing existing overhead bin hook assemblies and support
tubes with a different type, as specified in a Transport Canada AD,
which is incorporated by reference (IBR). The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective January 13, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket
[[Page 97508]]
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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For Transport Canada material identified 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#396d7a1778504b4e564b4d5150575c4a4a7d504b5c5a4d504f5c4a147a56574a505e575c4a5d5c57584f505e585b5055504d5c176d7a794d5a175e5a175a58"><span class="__cf_email__" data-cfemail="e8bcabc6a9819a9f879a9c8081868d9b9bac819a8d8b9c819e8d9bc5ab87869b818f868d9b8c8d86899e818f898a8184819c8dc6bcaba89c8bc68f8bc68b89">[email protected]</span></a>; website at tc.canada.ca/en/
aviation.
<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. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0995.
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#675e4a0611144a091e0604084a0408142701060649000811"><span class="__cf_email__" data-cfemail="af9682ced9dc82c1d6ceccc082ccc0dcefc9cece81c8c0d9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain MHI RJ Aviation
ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The
NPRM published in the Federal Register on April 9, 2024 (89 FR 24745).
The NPRM was prompted by AD CF-2023-71, dated October 16, 2023
(Transport Canada AD CF-2023-71) (also referred to as the MCAI), issued
by Transport Canada, which is the aviation authority for Canada. 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.
In the NPRM, the FAA proposed to require replacing existing
overhead bin hook assemblies and support tubes with a different type,
as specified in Transport Canada AD CF-2023-71. The FAA is issuing 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Wisconsin Airlines. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request for Revising the Applicability
Air Wisconsin Airlines requested that the FAA list the serial
numbers the proposed AD is applicable to, instead of stating the
proposed AD applies to MHI RJ Aviation ULC Model CL-600-2B19 (Regional
Jet Series 100 & 440) airplanes as identified in Transport Canada AD
CF-2023-71. The commentator stated Transport Canada AD CF-2023-71 lists
the applicable serial numbers.
The FAA disagrees with the request. As noted by the commenter,
paragraph (c) of this AD states that this AD applies to Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes as identified in
Transport Canada AD CF-2023-71, which lists the affected serial
numbers. This AD was developed using the ``incorporate by reference
(IBR) the MCAI'' method, which simplifies FAA ADs and facilitates a
simpler AD process. The applicability of FAA ADs developed using the
IBR the MCAI process identifies the airplane models that are on the
U.S. type certificate data sheet and refers to the MCAI AD for the
specific affected airplanes. The FAA has not changed this AD in this
regard.
Request for Revising Estimated Costs
Air Wisconsin Airlines requested the FAA amend the ``Costs of
Compliance'' paragraph in the NPRM to include an additional 120 hours
if actions are not completed during a ``heavy check.'' The commenter
stated that the estimate of 21 labor hours does not account for the
removal and installation of interior products (e.g., seats, sidewall,
panels, ceiling panels, etc.) as specified in one of the aircraft
maintenance manual (AMM) tasks.
The FAA agrees with the request. The FAA has revised the ``Costs of
Compliance'' paragraph of this final rule accordingly.
Request To Refer to an Additional Document
Air Wisconsin Airlines requested the addition of MHI RJ Reference
Instruction Letter (RIL) 10059, Revision A, dated June 6, 2024, to the
proposed AD because AMM Task 25-23-01-400-805 was not yet published in
the AMM. The commenter stated that MHI RJ Service Bulletin 601R-25-206,
dated June 29, 2023, instructs installation of overhead bins and
references AMM Task 25-23-01-400-805.
The FAA agrees with this request. MHI RJ Reference Instruction
Letter (RIL) 10059, Revision A, dated June 6, 2024, may also be
referred to for the installation of overhead bins. The FAA has added
paragraph (h)(3) to this AD accordingly.
Conclusion
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 reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Material Incorporated by Reference 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.
Costs of Compliance
The FAA estimates this AD affects 230 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
[[Page 97509]]
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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141 * work-hours x $85 per hour = $11,985.................... $1,764 $13,749 $3,162,270
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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.
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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:
2024-24-07 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-22897; Docket No. FAA-2024-0995;
Project Identifier MCAI-2023-01075-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 13, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) 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.
(3) Where the service information specified in Transport Canada
AD CF-2023-71, specifies to ``refer to AMM 25-23-01-400-805,'' for
this AD, replace that text with '' refer to AMM 25-23-01-400-805 or
MHI RJ Reference Instruction Letter (RIL) 10059, Revision A, dated
June 6, 2024.''
(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, send it to the attention of the
person identified in paragraph (j) of this AD and email to:
<a href="/cdn-cgi/l/email-protection#76373b39353610171758111900"><span class="__cf_email__" data-cfemail="4405090b07042225256a232b32">[email protected]</span></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#95acb8f4e3e6b8fbecf4f6fab8f6fae6d5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="fcc5d19d8a8fd192859d9f93d19f938fbc9a9d9dd29b938a">[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]
[[Page 97510]]
(3) For Transport Canada material identified 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#bce8ff92fdd5cecbd3cec8d4d5d2d9cfcff8d5ced9dfc8d5cad9cf91ffd3d2cfd5dbd2d9cfd8d9d2ddcad5dbddded5d0d5c8d992e8fffcc8df92dbdf92dfdd"><span class="__cf_email__" data-cfemail="1145523f507863667e636579787f746262557863747265786774623c527e7f6278767f746275747f706778767073787d7865743f45525165723f76723f7270">[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#93f5e1bdfafde0e3f6f0e7fafcfdd3fdf2e1f2bdf4fce5"><span class="__cf_email__" data-cfemail="c3a5b1edaaadb0b3a6a0b7aaacad83ada2b1a2eda4acb5">[email protected]</span></a>.
Issued on November 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-28786 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-13-P
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