[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Proposed Rules]
[Pages 62709-62711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19673]


========================================================================
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.

========================================================================


Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / 
Proposed Rules

[[Page 62709]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1823; Project Identifier MCAI-2023-00314-T]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain MHI RJ Model CL-600-2C10 (Regional Jet Series 700, 701 & 
702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet 
Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by 
a report of a passenger seat Y-belt (lap belt) re-installed in the 
wrong orientation, due to an incorrect maintenance manual. This 
proposed AD would require inspecting certain Y-belts for correct 
installation and damage and corrective actions if necessary. This 
proposed AD would also prohibit the use of certain revisions of a 
maintenance task. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this NPRM by October 30, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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-2023-1823; 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:
    <bullet> For MHI RJ 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; fax 514-855-8501; email <a href="/cdn-cgi/l/email-protection#116579753f72637b512d7031796374772c" http: mhirj.com">mhirj.com</a>">thd.crj@mhirj.com</a>; website 
mhirj.com.
    <bullet> 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: 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#4c75612d3a3f6122352d2f23612f233f0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="3d04105c4b4e1053445c5e52105e524e7d5b5c5c135a524b">[email protected]</span></a>.

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-2023-1823; Project Identifier 
MCAI-2023-00314-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 516-228-7350; email: 
<a href="/cdn-cgi/l/email-protection#6f290e1b0601413d413c0e1a0206042f090e0e41080019"><span class="__cf_email__" data-cfemail="4a0c2b3e2324641864192b3f2723210a2c2b2b642d253c">[email protected]</span></a>. 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-2023-10, dated February 17, 2023 
(Transport Canada AD CF-2023-10) (also referred to after this as the 
MCAI), to correct an unsafe condition on certain MHI RJ Aviation ULC 
(formerly Bombardier, Inc.) Model CL-600-2C10, CL-600-2C11, CL-600-
2D15, CL-600-2D24, and CL-600-2E25 airplanes. The MCAI states that 
following maintenance on a Model CL-600-2C10 airplane, a Y-belt (also 
known as lap belt) was re-installed in the wrong orientation. The MCAI 
further states that the instructions contained within the aircraft 
maintenance manual (AMM) on how to install the passenger seat Y-belts, 
showed an incorrect orientation of the Y-belt assembly. The MCAI 
confirms the manufacturer updated the AMM tasks and these instructions 
have been

[[Page 62710]]

corrected. Y-belts installed in the wrong orientation, if not 
corrected, could result in passenger injury due to head impact on the 
front monument during an emergency landing.
    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-2023-1823.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 670BA-25-135, Revision B, 
dated November 25, 2022. This service information specifies procedures 
to inspect for correct installation (as shown in certain maintenance 
tasks) of each passenger seat Y-belt. This service information also 
specifies corrective actions, which include re-installing each 
incorrectly installed Y-belt per certain maintenance tasks and 
addressing damage (includes dents or misshapen hooks that attach the 
belt to the seat).
    This 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

    These products has/have been approved by the aviation authority of 
another country and are 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 described 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 inspecting certain Y-belts for 
correct installation and damage and corrective actions if necessary. 
This proposed AD would also prohibit the use of certain revisions of a 
maintenance task.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 606 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
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................              $0             $170         $103,020
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
proposed inspection. The agency has no way of determining the number of 
aircraft that might need these replacements.

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 0.5 work-hours x $85 per    Up to $550 per Y-   Up to $593.
 hour = $43.                       belt 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

    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-2023-1823; Project Identifier MCAI-2023-00314-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 30, 2023.

[[Page 62711]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
previously held by Bombardier, Inc.) airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (3) of this AD.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and 
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers (S/
N) 10001 through 10348 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, S/N 15001 through 15499 
inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, S/N 
19001 through 19064 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code: 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of a passenger seat Y-belt 
(lap-belt) re-installed in the wrong orientation, due to an 
incorrect maintenance manual. The FAA is issuing this AD to detect 
and address Y-belts that are incorrectly installed. The unsafe 
condition, if not addressed, could result in passenger injury due to 
head impact, on the front monument during an emergency landing.

(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: Within 24 
months after the effective date of this AD, inspect each Y-belt for 
correct installation and damage and, if any incorrect installation 
or damage is found, within 24 months after the effective date of 
this AD, do all applicable corrective actions, in accordance with 
paragraph B, ``Procedure,'' of the Accomplishment Instructions of 
MHI RJ Service Bulletin 670BA-25-135, Revision B, dated November 25, 
2022. For this AD, damage includes dents or misshapen hooks that 
attach the belt to the seat.

    Note 1 to paragraph (g): Y-belts are also known as lap belts.

(h) Exceptions to Service Information

    Where paragraph B, ``Procedure,'' of the Accomplishment 
Instructions of MHI RJ Service Bulletin 670BA-25-135, Revision B, 
dated November 25, 2022, specifies to ``refer to AMM'' replace those 
words with ``in accordance with AMM.''

(i) Maintenance Task Prohibition

    As of the effective date of this AD, it is prohibited to use MHI 
RJ Aviation ULC Aircraft Maintenance Manual (AMM) task 25-21-04-400-
801, revision 69 or earlier.

(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 the service information identified in 
paragraph (j)(1) or (2) of this AD, provided the actions were done 
using MHI RJ AMM Revision 70, dated May 25, 2022, or Revision 71, 
dated December 16, 2022.
    (1) MHI RJ Service Bulletin 670BA-25-135, dated June 1, 2022.
    (2) MHI RJ Service Bulletin 670BA-25-135, Revision A, dated 
August 30, 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 of the 
International Validation Branch, mail it to ATTN: Program Manager, 
Continuing Operational Safety, at the address identified in 
paragraph (l)(2) of this AD or email to: <a href="/cdn-cgi/l/email-protection#10293d5146433d5159423d2723203d515d5f53507671713e777f66"><span class="__cf_email__" data-cfemail="3d04107c6b6e107c746f100a0e0d107c70727e7d5b5c5c135a524b">[email protected]</span></a>. 
If mailing information, also submit information by email. 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-2023-10, dated February 17, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1823.
    (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: <a href="/cdn-cgi/l/email-protection#6b52460a1d184605120a0804460804182b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="744d59150207591a0d15171b59171b07341215155a131b02">[email protected]</span></a>.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(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 the AD specifies otherwise.
    (i) MHI RJ Service Bulletin 670BA-25-135, Revision B, dated 
November 25, 2022.
    (ii) [Reserved]
    (3) For MHI RJ Aviation ULC 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 <a href="/cdn-cgi/l/email-protection#baced2de94d9c8d0fa86db9ad2c8dfdc87" http: mhirj.com">mhirj.com</a>">thd.crj@mhirj.com</a>; 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: <a href="/cdn-cgi/l/email-protection#d7b1a5f9beb9a4a7b2b4a3beb8b997b9b6a5b6f9b0b8a1"><span class="__cf_email__" data-cfemail="9ff9edb1f6f1eceffafcebf6f0f1dff1feedfeb1f8f0e9">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-19673 Filed 9-12-23; 8:45 am]
BILLING CODE 4910-13-P


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