[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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).
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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 *
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 $510 $172,380
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* 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]
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