[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Proposed Rules]
[Pages 44226-44228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14616]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 132 / Wednesday, July 12, 2023 / 
Proposed Rules  

[[Page 44226]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1404; Project Identifier MCAI-2023-00451-T]
RIN 2120-AA64


Airworthiness Directives; 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).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes. This proposed AD was prompted by a report of missing 
insulation in the engine pylon area. This proposed AD would require, 
for certain airplanes, inspecting the engine pylon structure for 
discrepancies and repair if necessary. This proposed AD would also 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate a new certification maintenance requirement 
(CMR) task. 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 August 28, 
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-2023-1404; 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 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; 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 Street, 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-2023-1404; Project Identifier 
MCAI-2023-00451-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 
the 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 516-228-7300; 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

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2023-19, dated March 13, 2023 (Transport 
Canada AD CF-2023-19) (also referred to after this as the MCAI), to 
correct an unsafe condition on all MHI RJ Aviation ULC Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states there 
was a report of a missing 12-inch piece of insulation in the 14th stage 
bleed ducts installed in both left hand (LH) and right hand (RH) engine 
pylon areas.
    The FAA is proposing this AD to address missing insulation in the 
engine pylon area. The unsafe condition, if not addressed, could result 
in the bleed duct to radiate heat to the surrounding structure and, if 
not corrected, could lead to the loss of the structural integrity of 
the engine pylon and possible loss of the engine. You may examine the 
MCAI in the AD docket at regulations.gov under Docket No. FAA-2023-
1404.

[[Page 44227]]

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 601R-54-006, Revision A, 
dated May 24, 2023. This service information specifies procedures for 
doing a detailed visual inspection of spar FS654.50, spar FS672.20, and 
the firewall for discrepancies, including corrosion, cracks, web 
waviness or flatness and damaged fasteners.
    The FAA reviewed MHI RJ Temporary Revision 2A-76, dated September 
29, 2022. This service information specifies a new or more restrictive 
CMR task, number C36-12-133-01, ``Detailed Visual Inspection for 
missing insulation/heat shield on the 14th stage bleed duct, running 
through the pylon area between FS654 and FS672.''
    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

    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 
and service information referenced 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, for certain airplanes, inspecting 
the engine pylon structure for discrepancies and repair if necessary. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate a new CMR task.
    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 according to paragraph 
(k)(1) of this proposed AD.

Differences Between This NPRM and the MCAI or Service Information

    Part I of the Transport Canada AD does not include a corrective 
action requirement for the inspection of the spars and firewall 
specified in MHI RJ Service Bulletin 601R-54-006, Revision A, dated May 
24, 2023. Paragraph 3.B.(2) of MHI RJ Service Bulletin 601R-54-006, 
Revision A, dated May 24, 2023, only specifies contacting the 
manufacturer and that the manufacturer will provide additional action. 
Therefore, this proposed AD specifies that corrective actions must be 
done if any discrepancies are found during the inspection required by 
paragraph (g) of the proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 338 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................              $0             $510         $172,380
----------------------------------------------------------------------------------------------------------------
* This table does not include the cost of revising the existing maintenance or inspection program.

    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).
    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition repairs specified in this proposed AD.

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:

[[Page 44228]]

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-2023-1404; Project Identifier MCAI-2023-00451-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 28, 2023.

(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: 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report of missing insulation in the 
engine pylon area. The FAA is issuing this AD to address missing 
insulation in the engine pylon area. The unsafe condition, if not 
addressed, could result in the bleed duct to radiate heat to the 
surrounding structure and, if not corrected, could lead to the loss 
of the structural integrity of the engine pylon and possible loss of 
the engine.

(f) Compliance

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

(g) Detailed Visual Inspection

    For airplanes having serial numbers 7031, 7045, 7069, 7078, 
7089, 7102, 7110, 7168, 7188, 7203, 7212, 7217, 7229, 7231, 7236, 
7243, 7257, 7258, 7269, 7271, 7276, 7284, 7290, 7302, 7304, 7306, 
7310, 7328, 7339, 7342, 7355, 7358, 7360, 7401, 7404, 7437, 
7441,7448, 7458, 7474, 7476, 7479, 7495, 7502, 7503, 7517, 7527, 
7530, 7532, 7548, 7551, 7574, 7575, 7579, 7582, 7586, 7588, 7599, 
7600, 7606, 7609, 7623, 7632, 7648, 7657, 7658, 7664, 7667, 7674, 
7681, 7682, 7683, 7687, 7715, 7727, 7743, 7748, 7749, 7750, 7758, 
7760, 7769, 7780, 7810, 7817, 7818, 7821, 7822, 7857, 7859, 7871, 
7873, 7889, 7892, 7895, 7909, 7912, 7913, 7920, 7922, 7923, 7926, 
7929, 7932, 7935, 7937, 7954, 7961, 7964, and 8011: Within 48 months 
or 6,600 flight hours, whichever occurs first after the effective 
date of this AD, do a detailed visual inspection for discrepancies 
of spar FS654.50, spar FS672.20, and the firewall, in accordance 
with Section 2.B. of the Accomplishment Instructions of MHI RJ 
Service Bulletin 601R-54-006, Revision A, dated May 24, 2023. If any 
discrepancies are found, before further flight, repair 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.

(h) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in MHI RJ Temporary Revision 
2A-76, dated September 29, 2022, for certification maintenance 
requirements task number C36-12-133-01. The initial compliance time 
for doing the task is within 48 months or 6,600 flight hours, 
whichever occurs first after the effective date of this AD.

(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (h) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (k)(1) of this AD.

(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 MHI RJ Service Bulletin 601R-54-006, dated 
September 13, 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, 
International Validation Branch, mail it to the address identified 
in paragraph (l)(2) of this AD or email to: [email protected]. 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-2023-19, dated March 13, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1404.
    (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].

(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 this AD specifies otherwise.
    (i) MHI RJ Service Bulletin 601R-54-006, Revision A, dated May 
24, 2023.
    (ii) MHI RJ Temporary Revision 2A-76, dated September 29, 2022.
    (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; 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 Street, 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 July 6, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14616 Filed 7-11-23; 8:45 am]
BILLING CODE 4910-13-P