Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 40937-40939 [2021-16238]
Download as PDF
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
(ii) European Union Aviation Safety
Agency (EASA) AD 2021–0026, dated
January 20, 2021.
(3) For EASA AD 2020–0211 and EASA AD
2021–0026, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email ADs@
easa.europa.eu; internet
www.easa.europa.eu. You may find these
EASA ADs on the EASA website at https://
ad.easa.europa.eu.
(4) 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. This material may be found
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2021–0303.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on June 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Examining the AD Docket
[FR Doc. 2021–16245 Filed 7–29–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0264; Project
Identifier MCAI–2020–01416–T; Amendment
39–21616; AD 2021–13–11]
RIN 2120–AA64
Airworthiness Directives; MHI RJ
Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting 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 AD was prompted by a
report that the lower aft outboard
supporting structure of galley 2 does not
meet certification requirements for all
flight and/or emergency landing loads.
This AD requires modifying the floor
structure between certain fuselage
stations. The FAA is issuing this AD to
address the unsafe condition on these
products.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
This AD is effective September 3,
2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 3, 2021.
ADDRESSES: For service information
identified in this final rule, contact MHI
RJ Aviation ULC, 12655 Henri-Fabre
Blvd., Mirabel, Que´bec J7N 1E1 Canada;
Widebody Customer Response Center
North America toll-free telephone +1–
844–272–2720 or direct-dial telephone
+1–514–855–8500; fax +1–514–855–
8501; email thd.crj@mhirj.com; internet
https://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.
It is also available on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0264.
DATES:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2021–
0264; 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 final rule,
any comments received, and other
information. The address for Docket
Operations is U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Antariksh Shetty, Aerospace Engineer,
Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7300; fax
516–794–5531; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued TCCA AD CF–
2020–40, dated October 15, 2020 (also
referred to as the Mandatory Continuing
Airworthiness Information, or 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. You may examine the
MCAI in the AD docket on the internet
at https://www.regulations.gov by
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
40937
searching for and locating Docket No.
FAA–2021–0264.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain MHI RJ Aviation ULC
Model CL–600–2D15 (Regional Jet
Series 705) and CL–600–2D24 (Regional
Jet Series 900) airplanes. The NPRM
published in the Federal Register on
April 7, 2021 (86 FR 17998). The NPRM
was prompted by a report that the lower
aft outboard supporting structure of
galley 2 does not meet certification
requirements for all flight and/or
emergency landing loads. The NPRM
proposed to require modifying the floor
structure between certain fuselage
stations. The FAA is issuing this AD to
address the insufficient structural safety
margin of galley 2 in case of hard
landing or severe turbulence. This
condition, if not corrected, could result
in injury to the occupants and could
limit access to the exit door during
emergencies if the galley is displaced or
fails structurally. See the MCAI for
additional background information.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA has considered
the comment received. The Air Line
Pilots Association, International
(ALPA), indicated its support for the
NPRM.
Conclusion
The FAA reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting this
final rule as proposed, except for minor
editorial changes. The FAA has
determined that these minor changes:
• Are consistent with the intent that
was proposed in the NPRM for
addressing the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
MHI RJ has issued MHI RJ Service
Bulletin 670BA–53–060, Revision A,
dated September 17, 2020. This service
information describes procedures for
modifying the floor structure between
fuselage station (FS) 379.00 and FS
394.00 at right buttock line (RBL) 37.75.
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 the ADDRESSES section.
E:\FR\FM\30JYR1.SGM
30JYR1
40938
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
Costs of Compliance
FAA estimates the following costs to
comply with this AD:
The FAA estimates that this AD
affects 1 airplane of U.S. registry. The
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
20 work-hours × $85 per hour = $1,700 .....................................................................................
$5,081
$6,781
$6,781
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.
lotter on DSK11XQN23PROD with RULES1
Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Will not affect intrastate aviation
in Alaska, and
(3) Will 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.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
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:
■
2021–13–11 MHI RJ Aviation ULC (Type
Certificate Previously Held by
Bombardier, Inc.): Amendment 39–
21616; Docket No. FAA–2021–0264;
Project Identifier MCAI–2020–01416–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 3, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC
(type certificate previously held by
Bombardier, Inc.) Model CL–600–2D15
(Regional Jet Series 705) and CL–600–2D24
(Regional Jet Series 900) airplanes,
certificated in any category, having serial
numbers 15057, 15063 through 15065
inclusive, 15071, 15074, 15079, 15087,
15090, 15106, 15111, 15113, 15115, and
15117.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that the
lower aft outboard supporting structure of
galley 2 does not meet certification
requirements for all flight and/or emergency
landing loads. The FAA is issuing this AD to
address the insufficient structural safety
margin of galley 2 in case of hard landing or
severe turbulence. This condition, if not
corrected, could result in injury to the
occupants and could limit access to the exit
door during emergencies if the galley is
displaced or fails structurally.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Within 36 months after the effective date
of this AD: Modify the floor structure
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
between fuselage station (FS) 379.00 and FS
394.00 at right buttock line (RBL) 37.75 in
accordance with paragraph 2.B. of the
Accomplishment Instructions of MHI RJ
Service Bulletin 670BA–53–060, Revision A,
dated September 17, 2020.
(h) 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 MHI RJ Service Bulletin
670BA–53–060, dated August 6, 2020.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
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 certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. 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, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or MHI RJ Aviation ULC’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) TCCA AD
CF–2020–40, dated October 15, 2020, for
related information. This MCAI may be
found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2021–0264.
(2) For more information about this AD,
contact Antariksh Shetty, Aerospace
Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7300; fax 516–794–5531;
email 9-avs-nyaco-cos@faa.gov.
(3) Service information identified in this
AD that is not incorporated by reference is
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
FOR FURTHER INFORMATION CONTACT:
(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 this AD specifies otherwise.
(i) MHI RJ Service Bulletin 670BA–53–060,
Revision A, dated September 17, 2020.
(ii) [Reserved]
(3) For service information identified in
this AD, contact MHI RJ Aviation ULC, 12655
Henri-Fabre Blvd., Mirabel, Que´bec J7N 1E1
Canada; Widebody Customer Response
Center North America toll-free telephone
+1–844–272–2720 or direct-dial telephone
+1–514–855–8500; fax +1–514–855–8501;
email thd.crj@mhirj.com; internet https://
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 fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 10, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–16238 Filed 7–29–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF LABOR
Wage and Hour Division
29 CFR Part 791
RIN 1235–AA37
Rescission of Joint Employer Status
Under the Fair Labor Standards Act
Rule
Wage and Hour Division
(WHD), Department of Labor (DOL).
ACTION: Final rule; rescission.
AGENCY:
This action finalizes the
Department’s proposal to rescind the
final rule titled ‘‘Joint Employer Status
Under the Fair Labor Standards Act,’’
which published on January 16, 2020,
and took effect on March 16, 2020. This
rescission removes the regulations
established by that rule.
DATES: This final rule is effective on
September 28, 2021.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
Amy DeBisschop, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour Division,
U.S. Department of Labor, Room S–
3502, 200 Constitution Avenue NW,
Washington, DC 20210; telephone: (202)
693–0406 (this is not a toll-free
number). Copies of this final rule may
be obtained in alternative formats (Large
Print, Braille, Audio Tape or Disc), upon
request, by calling (202) 693–0675 (this
is not a toll-free number). TTY/TDD
callers may dial toll-free 1–877–889–
5627 to obtain information or request
materials in alternative formats.
Questions of interpretation and/or
enforcement of the agency’s regulations
may be directed to the nearest WHD
district office. Locate the nearest office
by calling WHD’s toll-free help line at
(866) 4US–WAGE ((866) 487–9243)
between 8 a.m. and 5 p.m. in your local
time zone, or logging onto WHD’s
website for a nationwide listing of WHD
district and area offices at https://
www.dol.gov/whd/america2.htm.
SUPPLEMENTARY INFORMATION:
I. Background
The Fair Labor Standards Act (FLSA
or Act) requires all covered employers
to pay nonexempt employees at least the
Federal minimum wage for every hour
worked in a non-overtime workweek.1
In an overtime workweek, for all hours
worked in excess of 40 in a workweek,
covered employers must pay a
nonexempt employee at least one and
one-half times the employee’s regular
rate.2 The FLSA also requires covered
employers to make, keep, and preserve
certain records regarding employees.3
The FLSA does not define ‘‘joint
employer’’ or ‘‘joint employment.’’
However, section 3(d) of the Act defines
‘‘employer’’ to ‘‘include[ ] any person
acting directly or indirectly in the
interest of an employer in relation to an
employee.’’ 4 Section 3(e) generally
defines ‘‘employee’’ to mean ‘‘any
individual employed by an employer’’ 5
and identifies certain specific groups of
workers who are not ‘‘employees’’ for
purposes of the Act.6 Section 3(g)
defines ‘‘employ’’ to ‘‘include[ ] to suffer
or permit to work.’’ 7
A. Prior Guidance Regarding FLSA Joint
Employment
In 1939, a year after the FLSA’s
enactment, the Department’s Wage and
PO 00000
1 See
29 U.S.C. 206(a).
29 U.S.C. 207(a).
3 See 29 U.S.C. 211(c).
4 29 U.S.C. 203(d).
5 29 U.S.C. 203(e)(1).
6 See 29 U.S.C. 203(e)(2)–(5).
7 29 U.S.C. 203(g).
2 See
Frm 00023
Fmt 4700
Sfmt 4700
40939
Hour Division (WHD) issued
Interpretative Bulletin No. 13,
addressing, among other topics, whether
two or more companies may be jointly
and severally liable for a single
employee’s hours worked under the
FLSA.8 WHD recognized in the Bulletin
that there is joint employment liability
under the FLSA and provided examples
of situations where two companies
would or would not be joint employers
of an employee.9 For situations where
an employee works hours for one
company and works separate hours for
another company in the same
workweek, WHD focused on whether
the two companies ‘‘are acting entirely
independently of each other with
respect to the employment of the
particular employee’’ (in which case
they would not be joint employers) or,
‘‘on the other hand, the employment by
[the one company] is not completely
disassociated from the employment by
[the other company]’’ (in which case
they would be joint employers and the
hours worked for both would be
aggregated for purposes of the Act).10
WHD stated in the Bulletin that it ‘‘will
scrutinize all cases involving more than
one employment and, at least in the
following situations, an employer will
be considered as acting in the interest of
another employer in relation to an
employee: If the employers make an
arrangement for the interchange of
employees or if one company controls,
is controlled by, or is under common
control with, directly or indirectly, the
other company.’’ 11
In 1958, the Department published a
rule introducing 29 CFR part 791, titled
‘‘Joint Employment Relationship under
Fair Labor Standards Act of 1938.’’ 12
Section 791.2(a) reiterated that there is
joint employment liability under the Act
and stated that the determination
‘‘depends upon all the facts in the
particular case.’’ 13 It further stated that
two or more employers that ‘‘are acting
entirely independently of each other
and are completely disassociated’’ with
respect to the employee’s employment
are not joint employers, but joint
employment exists if ‘‘employment by
one employer is not completely
disassociated from employment by the
8 See Interpretative Bulletin No. 13, ‘‘Hours
Worked: Determination of Hours for Which
Employees are Entitled to Compensation Under the
Fair Labor Standards Act of 1938,’’ ¶¶ 16–17. In
October 1939 and October 1940, WHD revised other
portions of the Bulletin that are not pertinent here.
9 See id.
10 Id. ¶ 17.
11 Id.
12 See 23 FR 5905 (Aug. 5, 1958).
13 29 CFR 791.2(a) (1958).
E:\FR\FM\30JYR1.SGM
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Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40937-40939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16238]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0264; Project Identifier MCAI-2020-01416-T;
Amendment 39-21616; AD 2021-13-11]
RIN 2120-AA64
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting 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 AD was
prompted by a report that the lower aft outboard supporting structure
of galley 2 does not meet certification requirements for all flight
and/or emergency landing loads. This AD requires modifying the floor
structure between certain fuselage stations. The FAA is issuing this AD
to address the unsafe condition on these products.
DATES: This AD is effective September 3, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 3,
2021.
ADDRESSES: For service information identified in this final rule,
contact MHI RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel,
Qu[eacute]bec J7N 1E1 Canada; Widebody Customer Response Center North
America toll-free telephone +1-844-272-2720 or direct-dial telephone
+1-514-855-8500; fax +1-514-855-8501; email [email protected]; internet
https://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. It is also available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0264.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0264; 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 final rule, any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-
794-5531; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2020-40, dated October 15,
2020 (also referred to as the Mandatory Continuing Airworthiness
Information, or 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. You may examine the MCAI
in the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0264.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain MHI RJ Aviation
ULC Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24
(Regional Jet Series 900) airplanes. The NPRM published in the Federal
Register on April 7, 2021 (86 FR 17998). The NPRM was prompted by a
report that the lower aft outboard supporting structure of galley 2
does not meet certification requirements for all flight and/or
emergency landing loads. The NPRM proposed to require modifying the
floor structure between certain fuselage stations. The FAA is issuing
this AD to address the insufficient structural safety margin of galley
2 in case of hard landing or severe turbulence. This condition, if not
corrected, could result in injury to the occupants and could limit
access to the exit door during emergencies if the galley is displaced
or fails structurally. See the MCAI for additional background
information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA),
indicated its support for the NPRM.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
MHI RJ has issued MHI RJ Service Bulletin 670BA-53-060, Revision A,
dated September 17, 2020. This service information describes procedures
for modifying the floor structure between fuselage station (FS) 379.00
and FS 394.00 at right buttock line (RBL) 37.75. 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 the ADDRESSES section.
[[Page 40938]]
Costs of Compliance
The FAA estimates that this AD affects 1 airplane of U.S. registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700........................ $5,081 $6,781 $6,781
----------------------------------------------------------------------------------------------------------------
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
This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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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]
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2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2021-13-11 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-21616; Docket No. FAA-2021-0264;
Project Identifier MCAI-2020-01416-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 3,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC (type certificate
previously held by Bombardier, Inc.) Model CL-600-2D15 (Regional Jet
Series 705) and CL-600-2D24 (Regional Jet Series 900) airplanes,
certificated in any category, having serial numbers 15057, 15063
through 15065 inclusive, 15071, 15074, 15079, 15087, 15090, 15106,
15111, 15113, 15115, and 15117.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that the lower aft outboard
supporting structure of galley 2 does not meet certification
requirements for all flight and/or emergency landing loads. The FAA
is issuing this AD to address the insufficient structural safety
margin of galley 2 in case of hard landing or severe turbulence.
This condition, if not corrected, could result in injury to the
occupants and could limit access to the exit door during emergencies
if the galley is displaced or fails structurally.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 36 months after the effective date of this AD: Modify the
floor structure between fuselage station (FS) 379.00 and FS 394.00
at right buttock line (RBL) 37.75 in accordance with paragraph 2.B.
of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-
53-060, Revision A, dated September 17, 2020.
(h) 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 MHI RJ Service Bulletin 670BA-53-060, dated
August 6, 2020.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) TCCA AD CF-2020-40, dated October 15, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2021-0264.
(2) For more information about this AD, contact Antariksh
Shetty, Aerospace Engineer, Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7300; fax 516-794-5531; email [email protected].
(3) Service information identified in this AD that is not
incorporated by reference is
[[Page 40939]]
available at the addresses specified in paragraphs (k)(3) and (4) of
this AD.
(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 this AD specifies otherwise.
(i) MHI RJ Service Bulletin 670BA-53-060, Revision A, dated
September 17, 2020.
(ii) [Reserved]
(3) For service information identified in this AD, contact MHI
RJ Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N
1E1 Canada; Widebody Customer Response Center North America toll-
free telephone +1-844-272-2720 or direct-dial telephone +1-514-855-
8500; fax +1-514-855-8501; email [email protected]; internet https://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 [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on June 10, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-16238 Filed 7-29-21; 8:45 am]
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