|
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
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 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 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 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
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
|