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.

Proposed Rules Federal Register

62709 

Vol. 88, No. 176 

Wednesday, September 13, 2023 

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: 

• 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–2023–1823; 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: 

• For MHI RJ service information 

identified in this NPRM, contact MHI RJ 

Aviation Group, Customer Response 

Center, 3655 Ave. des GrandesTourelles, Suite 110, Boisbriand, 

Que ́bec J7H 0E2 Canada; North America 

toll-free telephone 833–990–7272 or 

direct-dial telephone 450–990–7272; fax 

514–855–8501; email 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: 

Fatin Saumik, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone (516) 

228–7300; email: 9-avs-nyaco-cos@

faa.gov. 

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: Fatin.R.Saumik@faa.gov. 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
62710 Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Proposed Rules 

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

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

2 work-hours × $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 × $85 per hour = $43 ..... Up to $550 per Y-belt assembly ...................... Up to $593. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 176 / Wednesday, September 13, 2023 / Proposed Rules 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: 9-AVS-AIR-730-AMOC@

faa.gov. 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: 9-avs-nyaco-cos@faa.gov. 

(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, Que ́bec J7H 0E2 

Canada; North America toll-free telephone 

833–990–7272 or direct-dial telephone 450– 

990–7272; fax 514–855–8501; email 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: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2022–0441; FRL–8673–02– 

OAR] 

RIN 2060–AV47 

Regulatory Requirements for New HAP 

Additions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is proposing to 

amend the General Provisions for 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP) to 

address applicability and compliance 

issues resulting from the addition of a 

compound to the list of hazardous air 

pollutants (HAP) under the Clean Air 

Act (CAA). This action focuses on issues 

related to newly applicable standards 

for sources that become major sources 

solely from the addition of a compound 

to the CAA HAP list. This action also 

includes a discussion of the impacts of 

a newly listed HAP on the federal 

operating permit program. 

DATES: 

Comments: Comments must be 

received on or before November 13, 

2023. 

Public hearing: If anyone contacts us 

requesting a public hearing on or before 

September 18, 2023, we will hold a 

virtual public hearing. See 

SUPPLEMENTARY INFORMATION for 


ddrumheller on DSK120RN23PROD with PROPOSALS1