DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1006; Project Identifier MCAI-2023-01222-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-600-2D15 (Regional Jet Series
705) and CL-600-2D24 (Regional Jet Series 900) airplanes. This proposed
AD was prompted by a notice from a supplier reporting that torque
wrenches used to install the air driven generator (ADG) downlock cam
nut were out of calibration, which resulted in a higher torque level
setting than required during the initial production installation of the
affected cam nut. This proposed AD would require replacement of the
affected ADG locking cam screw and cam nut, 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 June 7,
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-2024-1006; 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 AD, contact Transport Canada, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888-663-3639; email TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca. 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-2024-1006.
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 Fatin.R.Saumik@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-2024-1006; Project Identifier
MCAI-2023-01222-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
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-2023-76, dated November 28, 2023
(Transport Canada AD CF-2023-76) (also referred to as the MCAI), to
correct an unsafe condition for certain MHI RJ Aviation ULC Model CL-
600-2D15 (Regional Jet Series 705) and CL-600-2D24 (Regional Jet Series
900) airplanes. The MCAI states MHI RJ Aviation received a supplier
quality escape notice, reporting that torque wrenches used to install
the ADG downlock cam nut were out of calibration, which resulted in a
higher torque level setting than required during the initial production
installation of the affected cam nut. This over-torque condition could
cause the screw and cam to fail, which, if not corrected, could result
in the loss of the ADG downlock mechanism functionality upon airplane
touchdown which eliminates a critical power source for the aircraft,
leaving the flight crew with the minimum flightdeck displays and
difficulty controlling the aircraft.
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-2024-1006.

Related Service Information Under 1 CFR Part 51

Transport Canada AD CF-2023-76 specifies procedures for replacing
the affected ADG locking cam screw and cam nut. 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-2023-76 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-2023-76 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-76 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-2023-76 for compliance will be
available at regulations.gov under Docket No. FAA-2024-1006 after the
FAA final rule is published.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 24 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

Estimated Costs for Required Actions

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.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: