[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Proposed Rules]
[Pages 63970-63973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22275]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0141; Project Identifier MCAI-2021-01052-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: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that would have applied to all MHI RJ Aviation ULC Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. This action revises the NPRM 
by proposing to require an inspection for correct installation of the 
flexible lamp assembly; trimming and reidentifying a bracket; and for 
certain airplanes, an inspection for damage of

[[Page 63971]]

the wire harness assembly; and applicable corrective actions. The FAA 
is proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions would impose an 
additional burden over those in the NPRM, the FAA is requesting 
comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by December 5, 2022.

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-2022-0141; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the NPRM, this SNPRM, 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 service information identified in this SNPRM, 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: Gabriel Kim, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 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-2022-0141; Project Identifier 
MCAI-2021-01052-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 SNPRM.

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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should 
be sent to Gabriel Kim, Aerospace Engineer, Avionics and Electrical 
Systems Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; 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

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet 
Series 100 & 440). The NPRM published in the Federal Register on 
February 25, 2022 (87 FR 10752). The NPRM was prompted by AD CF-2021-
32, dated September 17, 2021, issued by Transport Canada Civil Aviation 
(TCCA), which is the aviation authority for Canada (referred to after 
this as the MCAI). The MCAI states that an oxygen-fed ground fire event 
was potentially caused by electrical arcing from a faulty surround 
light wire on the third crew member's (observer) oxygen mask. An 
investigation determined that the oxygen supply hose connecting to the 
rear of the observer oxygen mask box assembly could be subject to 
chafing damage.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0141.
    In the NPRM, the FAA proposed to require an inspection for 
discrepancies of the observer's oxygen mask stowage box and storage 
compartment, oxygen hose connections and routing, and the associated 
electrical harness, and corrective actions if necessary; and modifying 
the oxygen mask flexible lamp harness, mounting plate, and compartment 
panel, including rerouting the electrical harness and applying 
protective sealant.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, an operator reported a fouling 
condition between the power feed wires for the stowage box light strip 
and an existing aluminum bracket in the mask stowage compartment of the 
entrance monument. MHI RJ determined that additional actions were 
needed to further address the unsafe condition. TCCA subsequently 
issued AD CF-2021-32R1, dated July 25, 2022, to require an additional 
inspection for correct installation of the flexible lamp assembly; 
trimming and reidentifying a bracket; and for certain airplanes, an 
inspection for damage of the wire harness assembly; and applicable 
corrective actions to address the fouling condition. The FAA is 
proposing this AD to address possible damage to the observer oxygen 
mask supply hoses and a potential for an oxygen-fed fire in the 
vicinity of the observer oxygen mask storage compartment.

Comments

    The FAA received comments from MHI RJ Aviation and Air Wisconsin. 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Incorporate Revised Service Information

    MHI RJ Aviation and Air Wisconsin requested that the FAA 
incorporate new

[[Page 63972]]

service information into this proposed AD. MHI RJ noted that when an 
operator performed the actions specified in the proposed AD, it 
resulted in an unforeseen new potential fouling condition with the 
existing bracket. MHI RJ stated that it had asked operators to not 
complete the actions until revised service information, including 
instructions to ensure clearance between the bracket and harness, was 
available. Air Wisconsin requested that the proposed AD be revised to 
include the new service information and additional work.
    The FAA agrees and has revised this proposed AD to refer to Service 
Bulletin 601R-35-022, Revision B, dated April 21, 2022, as the 
appropriate source of service information to accomplish the required 
actions. This service information includes additional work to address 
the potential fouling condition.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 601R-35-022, Revision B, 
dated April 21, 2022. This service information specifies procedures for 
doing a general visual inspection for discrepancies, including elbow 
fitting clocking (rotation), sealing tape installed in a certain 
location, wire damage (e.g., cuts, nicks, kinks, insulation damage) of 
the observer's oxygen mask stowage box and storage compartment, the 
observer's mask oxygen hose connections, the hose routing, and the 
associated electrical harness, and applicable corrective actions; and 
modifying the oxygen mask flexible lamp harness, mounting plate, and 
compartment panel, including rerouting the electrical harness and 
applying protective sealant. Corrective actions include re-positioning 
the elbow fitting, removing sealing tape, and repairing wiring. This 
service information also specifies procedures for an inspection for 
correct installation of the flexible lamp assembly; trimming and 
reidentifying a bracket; and for certain airplanes, an inspection for 
damage of the wire harness assembly; and applicable corrective actions. 
Corrective actions include correcting flexible lamp assembly 
installations and repair.
    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 the ADDRESSES section.

FAA's Determination and Requirements of This SNPRM

    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 the 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 SNPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 407 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
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Up to 9 work-hours x $85 per hour =    Up to $115.............  Up to $880.............  Up to $358,160.
 Up to $765.
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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-2022-0141; Project Identifier MCAI-2021-01052-
T.

[[Page 63973]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by a report of an oxygen-fed ground fire 
event potentially caused by electrical arcing from a faulty surround 
light wire on the third crew member's (observer) oxygen mask. An 
investigation determined that the oxygen supply hose connecting to 
the rear of the observer oxygen mask box assembly could be subject 
to chafing damage. This AD was also prompted by the determination 
that additional inspections and a bracket trim are needed to address 
the unsafe condition. The FAA is issuing this AD to address possible 
damage to the observer oxygen mask supply hoses and a potential for 
an oxygen-fed fire in the vicinity of the observer oxygen mask 
storage compartment.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Within 4,000 flight hours or 24 months, whichever occurs first 
after the effective date of this AD, do the actions in paragraphs 
(g)(1) and (2) of this AD:
    (1) For airplanes on which the actions specified in MHI RJ 
Service Bulletin 601R-35-022, dated June 1, 2021; or MHI RJ Service 
Bulletin 601R-35-022, Revision A, dated October 12, 2021; have not 
been accomplished: Do the actions specified in paragraphs (g)(1)(i) 
and (ii) of this AD.
    (i) Do a general visual inspection for discrepancies of the 
observer's oxygen mask stowage box and stowage compartment, the 
observer's mask oxygen hose connections, the hose routing, and the 
associated electrical harness; reroute the electrical harness and 
apply protective sealant in accordance with Part A. Section 2.B. of 
the Accomplishment Instructions of MHI RJ Service Bulletin 601R-35-
022, Revision B, dated April 21, 2022. If any discrepancies are 
found, before further flight, do all applicable corrective actions, 
in accordance with paragraph 2.B. of the Accomplishment Instructions 
of MHI RJ Service Bulletin 601R-35-022, Revision B, dated April 21, 
2022.
    (ii) Modify the oxygen mask flexible lamp harness, mounting 
plate, and compartment panel, including rerouting the electrical 
harness; apply protective sealant; inspect the flexible lamp 
assembly for correct installation; and trim and reidentify the 
bracket; in accordance with Part A. Section 2.B. of the 
Accomplishment Instructions of MHI RJ Service Bulletin 601R-35-022, 
Revision B, dated April 21, 2022. Do all applicable flexible lamp 
assembly installation corrections before further flight in 
accordance with Part A. Section 2.B. of the Accomplishment 
Instructions of MHI RJ Service Bulletin 601R-35-022, Revision B, 
dated April 21, 2022.
    (2) For airplanes on which the actions specified in MHI RJ 
Service Bulletin 601R-35-022, dated June 1, 2021; or MHI RJ Service 
Bulletin 601R-35-022, Revision A, dated October 12, 2021; have been 
accomplished: Inspect the flexible lamp assembly for correct 
installation; inspect the wire harness assembly for damage; and trim 
and reidentify the bracket in accordance with Part B. Section 2.E. 
of the Accomplishment Instructions of MHI RJ Service Bulletin 601R-
35-022, Revision B, dated April 21, 2022. Do all applicable flexible 
lamp assembly installation corrections and damage repair before 
further flight in accordance with Part B. Section 2.E. of the 
Accomplishment Instructions of MHI RJ Service Bulletin 601R-35-022, 
Revision B, dated April 21, 2022.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. 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, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ 
Aviation ULC's TCCA Design Approval Organization (DAO). If approved 
by the DAO, the approval must include the DAO-authorized signature.

(i) Additional Information

    (1) Refer to TCCA AD CF-2021-32R1, dated July 25, 2022, for 
related information. This TCCA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-0141.
    (2) For more information about this AD, contact Gabriel Kim, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) MHI RJ Aviation Service Bulletin 601R-35-022, Revision B, 
dated April 21, 2022.
    (ii) [Reserved]
    (3) For 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 October 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-22275 Filed 10-20-22; 8:45 am]
BILLING CODE 4910-13-P