Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Proposed Rules 1849 

Moines, WA 98198; phone: (781) 238–7743; 

email: mehdi.lamnyi@faa.gov. 

(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 the AD specifies otherwise. 

(i) CFM International, S.A. (CFM) Service 

Bulletin LEAP–1A–72–00–0492–01A–930A– 

D, Issue 001–00, dated April 6, 2023. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact CFM International, S.A., 

Aviation Operations Center, 1 Neumann 

Way, M/D Room 285, Cincinnati, OH 45125; 

phone: (877) 432–3272; email: fleetsupport@

ge.com. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(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-locationsoremailfr.inspection@nara.gov. 

Issued on January 5, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–00377 Filed 1–10–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0026; Project 

Identifier MCAI–2023–00776–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). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

MHI RJ Aviation ULC Model CL–600– 

2E25 (Regional Jet Series 1000) 

airplanes. This proposed AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary. This proposed 

AD would require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, 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 February 26, 

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–2024–0026; 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 Transport Canada material that 

is proposed for IBR in this NPRM, 

contact Transport Canada, Transport 

Canada National Aircraft Certification, 

159 Cleopatra Drive, Nepean, Ontario 

K1A 0N5, Canada; telephone 888–663– 

3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; 

website tc.canada.ca/en/aviation. It is 

also available at regulations.gov under 

Docket No. FAA–2024–0026. 

• 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–2024–0026; Project Identifier 

MCAI–2023–00776–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 9-avs-nyaco-cos@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 AD CF–2023–43, dated June 21, 

2023 (Transport Canada AD CF–2023– 

43) (also referred to as the MCAI), to 

correct an unsafe condition for all MHI 

RJ Aviation ULC Model CL–600–2E25 

(Regional Jet Series 1000) airplanes. The 

MCAI states that new or more restrictive 

airworthiness limitations have been 

developed. 

The FAA is proposing this AD to 

prevent potential fatigue cracking and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
1850 Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Proposed Rules 

damage in principal structural elements. 

The unsafe condition, if not addressed, 

could result in reduced structural 

integrity of the airplane. You may 

examine the MCAI in the AD docket at 

regulations.gov under Docket No. FAA– 

2024–0026. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Transport Canada 

AD CF–2023–43, which specifies new or 

more restrictive airworthiness 

limitations for airplane structures and a 

safe life limit. 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 

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 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations, which are 

specified in Transport Canada AD CF– 

2023–43 described previously, as 

incorporated by reference. Any 

differences with Transport Canada AD 

CF–2023–43 are identified as exceptions 

in the regulatory text of this proposed 

AD. 

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 (AMOC) 

according to paragraph (j)(1) 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– 

2023–43 by reference in the FAA final 

rule. This proposed AD would, 

therefore, require compliance with 

Transport Canada AD CF–2023–43 

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–2023–43 for 

compliance will be available at 

regulations.gov by searching for and 

locating Docket No. FAA–2024–0026 

after the FAA final rule is published. 

Airworthiness Limitation ADs Using 

the New Process 

The FAA’s process of incorporating 

by reference MCAI ADs as the primary 

source of information for compliance 

with corresponding FAA ADs has been 

limited to certain MCAI ADs (primarily 

those with service bulletins as the 

primary source of information for 

accomplishing the actions required by 

the FAA AD). However, the FAA is now 

expanding the process to include MCAI 

ADs that require a change to 

airworthiness limitation documents, 

such as airworthiness limitation 

sections. 

For these ADs that incorporate by 

reference an MCAI AD that changes 

airworthiness limitations, the FAA 

requirements are unchanged. Operators 

must revise the existing maintenance or 

inspection program, as applicable, to 

incorporate the information specified in 

the new airworthiness limitation 

document. The airworthiness 

limitations must be followed according 

to 14 CFR 91.403(c) and 91.409(e). 

The previous format of the 

airworthiness limitation ADs included a 

paragraph that specified that no 

alternative actions (e.g., inspections) or 

intervals may be used unless the actions 

and intervals are approved as an AMOC 

in accordance with the procedures 

specified in the AMOC paragraph under 

‘‘Additional AD Provisions.’’ This new 

format includes a ‘‘New Provisions for 

Alternative Actions and Intervals’’ 

paragraph that does not specifically 

refer to AMOCs, but operators may still 

request an AMOC to use an alternative 

action or interval. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 5 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

The FAA has determined that revising 

the existing maintenance or inspection 

program takes an average of 90 workhours 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 × 

$85 per work-hour). 

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 has 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, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 8 / Thursday, January 11, 2024 / Proposed Rules 1851 

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–2024–0026; Project 

Identifier MCAI–2023–00776–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by February 26, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all MHI RJ Aviation 

ULC (Type Certificate previously held by 

Bombardier, Inc.) Model CL–600–2E25 

(Regional Jet Series 1000) airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary. The FAA is issuing 

this AD to prevent potential fatigue cracking 

and damage in principal structural elements. 

The unsafe condition, if not addressed, could 

result in reduced structural integrity of the 

airplane. 

(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– 

2023–43, dated June 21, 2023 (Transport 

Canada AD CF–2023–43). 

(h) Exceptions to Transport Canada AD CF– 

2023–43 

(1) Where Transport Canada AD CF–2023– 

43 refers to its effective date, this AD requires 

using the effective date of this AD. 

(2) Where paragraph 1. of Transport 

Canada AD CF–2023–43 specifies to 

‘‘incorporate the new and revised tasks 

identified in Table 1 below, in the 

appropriate chapter within Section 2 and 

Section 3 of the MRM CSP B–053 Part 2 

manual,’’ this AD requires replacing those 

words with ‘‘revise the existing maintenance 

or inspection program, as applicable, by 

incorporating the new and revised tasks 

identified in Table 1.’’ 

(3) The initial compliance time for doing 

the tasks specified in paragraph 1. of 

Transport Canada AD CF–2023–43 is at the 

applicable ‘‘thresholds’’ and ‘‘discard times’’ 

as specified in the service information 

referenced in paragraph 1. of Transport 

Canada AD CF–2023–43, or within 60 days 

after the effective date of this AD, whichever 

occurs later. 

(4) This AD does not adopt paragraph 2. of 

Transport Canada AD CF–2023–43. 

(i) Provisions for Alternative Actions and 

Intervals 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections) and 

intervals are allowed unless they are 

approved as specified in the provisions of the 

‘‘Corrective Actions’’ section of Transport 

Canada AD CF–2023–43. 

(j) 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 (k) of this AD. Information may be 

emailed to 9-AVS-NYACO-COS@faa.gov. 

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. 

(k) 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 9-avs-nyaco-cos@faa.gov. 

(l) 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–2023–43, 

dated June 21, 2023. 

(ii) [Reserved] 

(3) For Transport Canada AD CF–2023–43, 

contact Transport Canada, Transport Canada 

National Aircraft Certification, 159 Cleopatra 

Drive, Nepean, Ontario K1A 0N5, Canada; 

telephone 888–663–3639; email 

TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; 

website tc.canada.ca/en/aviation. 

(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 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 fr.inspection@

nara.gov. 

Issued on January 5, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–00343 Filed 1–10–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2023–2493; Airspace 

Docket No. 23–AGL–25] 

RIN 2120–AA66 

Amendment of Jet Route J–89 and 

VOR Federal Airway V–161, and 

Establishment of Canadian RNAV 

Routes Q–834 and T–765; Northcentral 

United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Jet Route J–89 and Very High 

Frequency Omnidirectional Range 

(VOR) Federal Airway V–161 and to 

establish Canadian Area Navigation 

(RNAV) routes Q–834 and T–765 in 

United States (U.S.) airspace. The FAA 

is proposing this action due to the 

planned decommissioning of the 

Winnipeg, Manitoba (MB), Canada, 


ddrumheller on DSK120RN23PROD with PROPOSALS1