Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 53402-53406 [2023-16870]
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Federal Register / Vol. 88, No. 151 / Tuesday, August 8, 2023 / Proposed Rules
(B) Use of Nonmandatory Appendix
U, Supplement U–S1 of the ASME BPV
Code, Section XI, 2021 Edition is
prohibited.
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(xliv) Section XI condition:
Nonmandatory Appendix Y. When
using Nonmandatory Appendix Y of the
ASME BPV Code, Section XI, 2021
Edition, the following conditions apply:
(A) Use of Nonmandatory Appendix
Y, Article Y–2200 is prohibited.
(B) Use of Nonmandatory Appendix
Y, Subarticle Y–2440 is prohibited.
(C) Use of Nonmandatory Appendix
Y, Article Y–3200 is prohibited.
(xlv) Section XI condition: Pressure
Testing of Containment Penetration
Piping After Repair/Replacement
Activities. Applicants or licensees
applying the provision of IWA–4540(a)
and (e) of the 2021 Edition of the ASME
Code, Section XI, are required to
perform a VT–2 examination of the area
affected by the repair/replacement
activity during the Type C test in
appendix J to this part.
(xlvi) Section XI condition:
Contracted Repair/Replacement
Organization Fabricating Items Offsite
of the Owner’s Facility. When
applicants or licensees apply the
provision of IWA–4143 in the 2021
Edition of Section XI of the ASME Code,
a contracted Repair/Replacement
Organization fabricating ASME Code,
Section III parts, appurtenances, piping
subassemblies, and supports offsite of
the Owner’s facility (e.g., vendor
facility) without an ASME Certificate of
Authorization and without applying an
ASME Stamp/Certification Mark is
prohibited.
(xlvii) Section XI condition: Weld
Overlay Design Crack Growth Analysis.
Under Subparagraph Q–3000(a) stress
corrosion crack growth analysis is
required within the weld overlay
material.
(xlviii) Section XI condition:
Analytical Evaluations of Degradation.
Applicants or licensees using the 2021
Edition of Section XI must submit
analytical evaluations performed as
required by IWB–3132.3 and IWC–
3132.3 to the Nuclear Regulatory
Commission.
(xlix) Section XI condition: Analytical
Evaluations of Flaws in Cladding. The
use of IWB–3600(b)(1) in the 2021
Edition of ASME BPV Code, Section XI
(Division 1) is prohibited for the inlay
and onlay that are subject to the
augmented inspection requirements in
paragraph (g)(6)(ii)(F) of this section.
(3) * * *
(ii) OM condition: Motor-Operated
Valve (MOV) testing. Licensees must
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comply with the provisions for testing
MOVs in ASME OM Code, ISTC 4.2,
1995 Edition with the 1996 and 1997
Addenda, or ISTC–3500, 1998 Edition
through the latest edition and addenda
incorporated by reference in paragraph
(a)(1)(iv) of this section, and must
establish a program to ensure that MOVs
continue to be capable of performing
their design basis safety functions.
Licensees implementing ASME OM
Code, Mandatory Appendix III,
‘‘Preservice and Inservice Testing of
Active Electric Motor-Operated Valve
Assemblies in Water-Cooled Reactor
Nuclear Power Plants,’’ of the 2009
Edition, through the latest edition and
addenda of the ASME OM Code
incorporated by reference in paragraph
(a)(1)(iv) of this section shall comply
with the following conditions (with the
exception of conditions in paragraphs
(A), (B), and (C) when implementing the
2022 Edition of the ASME OM Code):
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(vii) OM condition: Snubber visual
examination interval extension. When
implementing Subsection ISTD,
paragraph ISTD–4253, and Note 7 of
Table ISTD–4252–1, in the 2022 Edition
of the ASME OM Code, incorporated by
reference in paragraph (a)(1)(iv) of this
section, to extend snubber visual
examination beyond 2 refueling cycles
(48 months), the licensee is prohibited
from applying OM Code Case OMN–15,
Revision 2, to extend the operational
readiness testing interval of snubbers.
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(x) OM condition: Class 1 Pressure
Relief Valve Sample Expansion. When
implementing paragraph I–1320(c)(1) in
Appendix I, ‘‘Inservice Testing of
Pressure Relief Devices in Water-Cooled
Reactor Nuclear Power Plants,’’ of the
editions and addenda of the ASME OM
Code, incorporated by reference in
paragraph (a)(1)(iv) of this section, the
requirement for sample expansion of
Class 1 Pressure Relief Valves shall be
implemented such that for each valve
tested for which the as-found setpressure (first test actuation) exceeds
the plus/minus tolerance limit of the
Owner-established design set-pressure
acceptance criteria of paragraph I–
1310(e), or ±3 percent of valve
nameplate set-pressure if the Owner has
not established design set-pressure
acceptance criteria, two additional
valves shall be tested from the same
valve group.
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(g) * * *
(6) * * *
(ii) * * *
(D) * * *
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(9) Volumetric Qualifications.
Volumetric examinations of Table 1 of
ASME Code Case N–729–6 may be
qualified in accordance with Section XI,
Division 1, Mandatory Appendix VIII,
Supplement 15, in the 2021 Edition or
later Editions, in lieu of subparagraphs
(a) through (j) of 2500 of ASME Code
Case N–729–6.
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(F) * * *
(1) Implementation. Holders of
operating licenses or combined licenses
for pressurized-water reactors as of or
after September 7, 2023, shall
implement the requirements of ASME
BPV Code Case N–770–7 instead of
ASME BPV Code Case N–770–5, subject
to the conditions specified in
paragraphs (g)(6)(ii)(F)(2) through (16) of
this section, by no later than one year
after September 7, 2023. All NRC
authorized alternatives from previous
versions of paragraph (g)(6)(ii)(F) of this
section remain applicable.
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(8) Optimized weld overlay
examination. Following initial inservice
volumetric inspection for Inspection
Items C–2 and F–2 of Table 1 of ASME
Code Case N–770–7, for weld overlay
examination volumes that show no
indication of crack growth or new
cracking, in lieu of sample population,
100 percent of these optimized weld
overlayed welds shall be added to the
ISI program in accordance with –2410 of
ASME Code Case N–770–7 and shall be
examined once each inspection interval.
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Dated: July 18, 2023.
For the Nuclear Regulatory Commission.
Andrea D. Veil,
Director, Office of Nuclear Reactor
Regulation.
[FR Doc. 2023–16686 Filed 8–7–23; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1704; Project
Identifier MCAI–2022–00866–T]
RIN 2120–AA64
Airworthiness Directives; MHI RJ
Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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The FAA proposes to adopt a
new airworthiness directive (AD) for all
MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
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 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.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by September 22,
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–2023–1704; 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 service information identified
in this NPRM, 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; internet: mhirj.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th Street, Des
Moines, WA. For information on the
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DATES:
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availability of this material at the FAA,
call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
Yaser Osman, 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–2023–1704; Project Identifier
MCAI–2022–00866–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 the 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 Yaser Osman,
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.
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Background
Transport Canada, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2022–
35, dated June 29, 2022 (Transport
Canada AD CF–2022–35) (also referred
to after this as the MCAI), to correct an
unsafe condition for all MHI RJ Aviation
ULC 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. The MCAI states that new or
more restrictive airworthiness
limitations have been developed.
The FAA is proposing this AD to
address cracks in the principal
structural elements of the fuselage and
wings. The unsafe condition, if not
addressed, could result in reduced the
structural integrity of the airplane. You
may examine the MCAI in the AD
docket at regulations.gov under Docket
No. FAA–2023–1704.
Related Service Information Under 1
CFR Part 51
The FAA reviewed MHI RJ Aviation
CRJ550/700/705/900/1000 Maintenance
Requirements Manual (MRM) Part 2,
CSP B–053, Revision 26, dated March
25, 2022. This service information
manual specifies new or revised tasks to
detect cracks in the principal structural
elements of the fuselage and wings.
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 section.
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 the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is proposing this AD because the FAA
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed Requirements of This NPRM
This proposed AD would require
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
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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 according to
paragraph (i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 601
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
The FAA has determined that revising
the maintenance or inspection program
takes an average of 90 work-hours 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).
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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.
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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–2023–1704; Project
Identifier MCAI–2022–00866–T.
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(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September
22, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation
ULC (Type Certificate Previously Held by
Bombardier, Inc.) Model CL–600–2C10
(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,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code: 05, Time Limits/Maintenance
Checks.
(e) Reason
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations are necessary. The FAA is issuing
this AD to address cracks in the principal
structural elements of the fuselage and wings.
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) Maintenance or Inspection Program
Revision
Within 60 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the tasks identified in figure 1 to
paragraph (g) of this AD as specified in MHI
RJ Aviation CRJ550/700/705/900/1000
Maintenance Requirements Manual (MRM)
Part 2, CSP B–053, Revision 26, dated March
25, 2022. The initial compliance time for
doing the tasks is at the applicable times
specified in MHI RJ Aviation CRJ550/700/
705/900/1000 Maintenance Requirements
Manual (MRM) Part 2, CSP B–053, Revision
26, dated March 25, 2022, or within 60 days
after the effective date of this AD, whichever
occurs later.
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53405
Figure 1 to paragraph (g)—MRM Tasks
BILLING CODE 4910–13–P
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals, may be used unless the actions and
intervals are approved as an alternative
method of compliance (AMOC) in
accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) Other FAA 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
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request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (j)(2) of this AD or
email to: 9-avs-nyaco-cos@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
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the DAO, the approval must include the
DAO-authorized signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF–
2022–35, dated June 29, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1704.
(2) For more information about this AD,
contact Yaser Osman, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@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.
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(h) No Alternative Actions or Intervals
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(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 Aviation CRJ550/700/705/900/
1000 Maintenance Requirements Manual
(MRM) Part 2, CSP B–053, Revision 26, dated
March 25, 2022.
(ii) [Reserved]
(3) For 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 tollfree 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
Street, 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 August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–16870 Filed 8–7–23; 8:45 am]
BILLING CODE 4910–13–C
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1638; Project
Identifier AD–2022–00466–E]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Division Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2018–02–10, which applies to certain
Pratt & Whitney Division (PW) Model
PW4074, PW4074D, PW4077,
PW4077D, PW4084D, PW4090, and
PW4090–3 engines. AD 2018–02–10
requires performing repetitive
fluorescent penetrant inspections (FPIs)
to detect cracks in the outer diffuser
case (ODC), removal of any ODC that
fails inspection, and requires updating
the mandatory inspections in the
Airworthiness Limitations Section
(ALS) of the Instructions for Continued
Airworthiness (ICA). Since the FAA
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SUMMARY:
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issued AD 2018–02–10, PW developed a
modification to reduce the susceptibility
of ODC cracking. This proposed AD
would retain the ALS update
requirement from AD 2018–02–10,
would require replacing certain ODC
part numbers with parts eligible for
installation, would expand the
applicability to all ODC part numbers,
and would adjust the compliance
threshold of the FPIs of the ODC. 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 September 22,
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 by searching
for and locating Docket No. FAA–2023–
1638; 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, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this NPRM, contact Pratt & Whitney
Division, 400 Main Street, East Hartford,
CT 06118; phone: (860) 565–0140;
email: help24@prattwhitney.com;
website: connect.prattwhitney.com.
• You may view this service
information at the 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.
FOR FURTHER INFORMATION CONTACT:
Carol Nguyen, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–
7655; email: carol.nguyen@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–1638; Project Identifier AD–
2022–00466–E’’ 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 the 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 Carol Nguyen,
Aviation Safety Engineer, FAA, 2200
South 216th Street, Des Moines, WA
98198. Any commentary that the FAA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
Background
The FAA issued AD 2018–02–10,
Amendment 39–19163 (83 FR 2896,
January 22, 2018), (AD 2018–02–10), for
PW Model PW4074, PW4074D,
PW4077, PW4077D, PW4084D,
PW4090, and PW4090–3 engines with
ODC part number (P/N) 50J775 or P/N
50J930, installed. AD 2018–02–10 was
prompted by the discovery of multiple
cracked ODCs. AD 2018–02–10 requires
initial and repetitive FPIs of the ODC to
detect cracks, and depending on the
results of the FPI, replacement of any
ODC that fails inspection. Also, AD
2018–02–10 requires updating the
E:\FR\FM\08AUP1.SGM
08AUP1
Agencies
[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Proposed Rules]
[Pages 53402-53406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16870]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1704; Project Identifier MCAI-2022-00866-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).
-----------------------------------------------------------------------
[[Page 53403]]
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.) 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 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. 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 September
22, 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-2023-1704; 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 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: mhirj.com">thd.crj@mhirj.com; internet:
mhirj.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].
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-2023-1704; Project Identifier
MCAI-2022-00866-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
the 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 Yaser
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected]. 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-2022-35, dated June 29, 2022 (Transport
Canada AD CF-2022-35) (also referred to after this as the MCAI), to
correct an unsafe condition for all MHI RJ Aviation ULC 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. The MCAI states that new or more restrictive airworthiness
limitations have been developed.
The FAA is proposing this AD to address cracks in the principal
structural elements of the fuselage and wings. The unsafe condition, if
not addressed, could result in reduced the structural integrity of the
airplane. You may examine the MCAI in the AD docket at regulations.gov
under Docket No. FAA-2023-1704.
Related Service Information Under 1 CFR Part 51
The FAA reviewed MHI RJ Aviation CRJ550/700/705/900/1000
Maintenance Requirements Manual (MRM) Part 2, CSP B-053, Revision 26,
dated March 25, 2022. This service information manual specifies new or
revised tasks to detect cracks in the principal structural elements of
the fuselage and wings.
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 section.
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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new
[[Page 53404]]
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
according to paragraph (i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 601 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours 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 x $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 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
0
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]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2023-1704; Project Identifier MCAI-2022-00866-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 22, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.) Model CL-600-2C10 (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,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 05, Time
Limits/Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address cracks in the principal structural
elements of the fuselage and wings. 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) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the tasks identified in figure 1 to paragraph (g) of
this AD as specified in MHI RJ Aviation CRJ550/700/705/900/1000
Maintenance Requirements Manual (MRM) Part 2, CSP B-053, Revision
26, dated March 25, 2022. The initial compliance time for doing the
tasks is at the applicable times specified in MHI RJ Aviation
CRJ550/700/705/900/1000 Maintenance Requirements Manual (MRM) Part
2, CSP B-053, Revision 26, dated March 25, 2022, or within 60 days
after the effective date of this AD, whichever occurs later.
[[Page 53405]]
Figure 1 to paragraph (g)--MRM Tasks
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(h) No Alternative Actions or 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) or intervals, may be used unless the
actions and intervals are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (i)(1) of this AD.
(i) Other FAA 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, send it to ATTN: Program Manager,
Continuing Operational Safety, at the address identified in
paragraph (j)(2) of this AD or email to: [email protected]. 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.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2022-35, dated June 29,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1704.
(2) For more information about this AD, contact Yaser Osman,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(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.
[[Page 53406]]
(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 Aviation CRJ550/700/705/900/1000 Maintenance
Requirements Manual (MRM) Part 2, CSP B-053, Revision 26, dated
March 25, 2022.
(ii) [Reserved]
(3) For service information identified in this AD, 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 mhirj.com">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 Street, 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: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 1, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16870 Filed 8-7-23; 8:45 am]
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