[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 [www.gpo.gov]
[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:
     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-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:
     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 
[email protected]. You may 
find this material on the Transport Canada website at tc.canada.ca/en/
aviation. It is also available at regulations.gov under Docket No. FAA-
2024-0995.
     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 [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-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 
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-2023-71, 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 regulations.gov 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 regulations.gov 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
----------------------------------------------------------------------------------------------------------------
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-
[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.

(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 [email protected].

(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]]

[email protected]. 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 www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    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