Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 7299-7302 [2024-02058]
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules
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 the 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:
a. Removing Airworthiness Directive
2023–12–17, Amendment 39–22475 (88
FR 42604, July 3, 2023); and
■ b. Adding the following new AD:
■
■
Pilatus Aircraft Ltd.: Docket No. FAA–2024–
0045; Project Identifier MCAI–2023–
01088–A.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 18,
2024.
(b) Affected ADs
This AD replaces AD 2023–12–17,
Amendment 39–22475 (AD 2023–12–17).
khammond on DSKJM1Z7X2PROD with PROPOSALS
(c) Applicability
This AD applies to Pilatus Aircraft Ltd.
Model PC–12, PC–12/45, PC–12/47, and PC–
12/47E airplanes, all serial numbers,
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 3211, Main Landing Gear Attach
Section.
(e) Unsafe Condition
This AD was prompted by a revision to the
airworthiness limitations section (ALS) of the
existing aircraft maintenance manual (AMM)
introducing new and more restrictive
instructions and maintenance tasks as
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specified in the component limitations
section, which include repetitive eddy
current inspections for cracks in the main
landing gear yoke fitting, could result in an
unsafe condition. The FAA is issuing this AD
to address failure of certain parts, which
could result in asymmetric main landing gear
failure that could lead to loss of airplane
control during take-off, landing, and taxiing
operations.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, European Union
Aviation Safety Agency (EASA) AD 2023–
0184, dated October 19, 2023 (EASA AD
2023–0184).
(h) Exceptions to EASA AD 2023–0184
(1) Where EASA AD 2023–0184 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the
requirements specified in paragraphs (1), (2),
(4), and (5) of EASA AD 2023–0184.
(3) Where paragraph (3) of EASA AD 2023–
0184 specifies ‘‘Within 12 months after the
effective date of this AD, revise the AMP,’’
this AD requires replacing those words with
‘‘Within 30 days after the effective date of
this AD, revise the airworthiness limitations
section of your existing airplane maintenance
manual or instructions for continued
airworthiness and your existing approved
maintenance or inspection program, as
applicable.’’
(4) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2023–0184 is on or before the applicable
‘‘limitations’’ and ‘‘associated thresholds’’ as
incorporated by the requirements of
paragraph (3) of EASA AD 2023–0184 or
within 30 days after the effective date of this
AD, whichever occurs later.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0184.
(i) Provisions for Alternative Actions and
Intervals
No alternative actions and associated
thresholds and intervals, including life
limits, are allowed for compliance with
paragraph (g) of this AD unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2023–0184.
(j) 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 local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k) of this AD or email to: 9-AVS-
PO 00000
Frm 00003
Fmt 4702
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7299
AIR-730-AMOC@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/
certificate holding district office.
(k) Additional Information
For more information about this AD,
contact Doug Rudolph, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (816) 329–
4059; email: doug.rudolph@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0184, dated October 19,
2023.
(ii) [Reserved]
(3) For EASA AD 2023–0184, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone: +49 221 8999 000;
email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this EASA AD
on the EASA website at ad.easa.europa.eu.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–02055 Filed 2–1–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0219; Project
Identifier MCAI–2023–00764–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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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain MHI RJ Aviation ULC Model
CL–600–2B19 (Regional Jet Series 100 &
440) airplanes. This proposed AD was
prompted by a determination that a
more restrictive airworthiness limitation
is necessary. This proposed AD would
require revising the existing
maintenance or inspection program, as
applicable, to incorporate a more
restrictive airworthiness limitation, 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 March 18, 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–2024–0219; 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 identified in this NPRM, contact
Transport Canada, Transport Canada
National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A
0N5, Canada; phone 888–663–3639;
email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca.
You may find this material on the
Transport Canada website tc.canada.ca/
en/aviation. It is also available at
regulations.gov under Docket No. FAA–
2024–0219.
• You may view this material 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:
Mark Taylor, Aviation Safety Engineer,
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SUMMARY:
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FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 516–228–
7300; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2024–0219; Project Identifier
MCAI–2023–00764–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 Mark Taylor, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; phone 516–228–7300; email 9avs-nyaco-cos@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
Transport Canada, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2023–
41, dated June 15, 2023 (Transport
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Canada AD CF–2023–41) (also referred
to as the MCAI), to correct an unsafe
condition on certain MHI RJ Aviation
ULC Model CL–600–2B19 (Regional Jet
Series 100 & 440) airplanes. The MCAI
states that a more restrictive
airworthiness limitation has been
developed due to reports of an unclear
effectivity for airworthiness limitation
(AWL) task number 53–41–180 in the
Maintenance Requirements Manual
(MRM), Part 2. If the revised task, AWL
number 53–41–180, is not performed at
the required intervals, failures of the
strap modification to the fuselage
station (FS) 409 and 128 bulkhead could
remain undetected and could result in
the loss of the structural integrity of the
airplane.
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–2024–0219.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Transport Canada
AD CF–2023–41, which specifies a more
restrictive airworthiness limitation for
AWL task number 53–41–180.
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
revising the existing maintenance or
inspection program, as applicable, to
incorporate or a more restrictive
airworthiness limitation, which is
specified in Transport Canada AD CF–
2023–41 described previously, as
incorporated by reference. Any
difference with Transport Canada AD
CF–2023–41 are identified as exceptions
in the regulatory text of this proposed
AD.
This proposed AD would require
revisions to certain operator
maintenance documents to include new
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules
actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired
in the areas addressed by this proposed
AD, the operator may not be able to
accomplish the actions described in the
revisions. In this situation, to comply
with 14 CFR 91.403(c), the operator
must request approval for an alternative
method of compliance (AMOC)
according to paragraph (j)(1) of this
proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate Transport Canada AD CF–
2023–41 by reference in the FAA final
rule. This proposed AD would,
therefore, require compliance with
Transport Canada AD CF–2023–41 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–
2023–41 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–0219 after the
FAA final rule is published.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Airworthiness Limitation ADs Using
the New Process
The FAA’s process of incorporating
by reference MCAI ADs as the primary
source of information for compliance
with corresponding FAA ADs has been
limited to certain MCAI ADs (primarily
those with service bulletins as the
primary source of information for
accomplishing the actions required by
the FAA AD). However, the FAA is now
expanding the process to include MCAI
ADs that require a change to
airworthiness limitation documents,
such as airworthiness limitation
sections.
For these ADs that incorporate by
reference an MCAI AD that changes
airworthiness limitations, the FAA
requirements are unchanged. Operators
must revise the existing maintenance or
inspection program, as applicable, to
incorporate the information specified in
the new airworthiness limitation
document. The airworthiness
limitations must be followed according
to 14 CFR 91.403(c) and 91.409(e).
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The previous format of the
airworthiness limitation ADs included a
paragraph that specified that no
alternative actions (e.g., inspections) or
intervals may be used unless the actions
and intervals are approved as an AMOC
in accordance with the procedures
specified in the AMOC paragraph under
‘‘Additional AD Provisions.’’ This new
format includes a ‘‘Provisions for
Alternative Actions and Intervals’’
paragraph that does not specifically
refer to AMOCs, but operators may still
request an AMOC to use an alternative
action or interval.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 78
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
The FAA has determined that revising
the existing maintenance or inspection
program takes an average of 90 workhours per operator, although the agency
recognizes that this number may vary
from operator to operator. Since
operators incorporate maintenance or
inspection program changes for their
affected fleet(s), the FAA has
determined that a per-operator estimate
is more accurate than a per-airplane
estimate. Therefore, the agency
estimates the average total cost per
operator to be $7,650 (90 work-hours ×
$85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
The FAA 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
PO 00000
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7301
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–2024–0219; Project
Identifier MCAI–2023–00764–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by March 18,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC
(Type Certificate previously held by
Bombardier, Inc.) Model CL–600–2B19
(Regional Jet Series 100 & 440) airplanes,
certificated in any category, as identified in
Transport Canada AD CF–2023–41, dated
June 15, 2023 (Transport Canada AD CF–
2023–41).
(d) Subject
Air Transport Association (ATA) of
America Code 05, Time Limits/Maintenance
Checks.
(e) Unsafe Condition
This AD was prompted by a determination
that a more restrictive airworthiness
limitation is necessary. The FAA is issuing
this AD to address failure of the strap
modification to the fuselage station (FS) 409
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Proposed Rules
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Transport Canada AD CF–
2023–41.
(k) Additional Information
For more information about this AD,
contact Mark Taylor, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone 516–228–
7300; email 9-avs-nyaco-cos@faa.gov.
(h) Exception to Transport Canada AD CF–
2023–41
(1) Where Transport Canada AD CF–2023–
41 refers to its effective date, this AD requires
using the effective date of this AD.
(2) Where paragraph A. of Transport
Canada AD CF–2023–41 specifies to
‘‘incorporate the revised task AWL number
53–41–180 in Appendix B of the MRM CSP
A–053 Part 2,’’ this AD requires replacing
those words with ‘‘revise the existing
maintenance or inspection program, as
applicable, by incorporating the revised task
AWL number 53–41–180 specified in MHI RJ
Temporary Revision 2B–2283, dated March
16, 2023.’’
(3) The initial compliance time for doing
the task specified in paragraph A. of
Transport Canada AD CF–2023–41 is at the
applicable ‘‘threshold’’ as specified in the
service information referenced in paragraph
B. of Transport Canada AD CF–2023–41, or
within 60 days after the effective date of this
AD, whichever occurs later.
(4) This AD does not adopt paragraph B.
of Transport Canada AD CF–2023–41.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF–2023–41,
dated June 15, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–41,
contact Transport Canada, Transport Canada
National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5, Canada;
phone 888–663–3639; email
TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca. You
may find this Transport Canada AD on the
Transport Canada website tc.canada.ca/en/
aviation.
(4) You may view this material 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 material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
and 128 bulkhead. The unsafe condition, if
not addressed, could result in the loss of the
structural integrity of the airplane.
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(i) Provisions for Alternative Actions and
Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Corrective Actions’’ section of Transport
Canada AD CF–2023–41.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (k) of this AD or email to: 9-AVSNYACO-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
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Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–02058 Filed 2–1–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0042; Project
Identifier MCAI–2023–00659–R]
RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
AGENCY:
PO 00000
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Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Helicopters Model AS332C,
AS332C1, AS3322L, AS332L1,
AS332L2, and EC225LP helicopters.
This proposed AD was prompted by a
report of cracks on the fuel filter bowl
(bowl) due to over-torquing. This
proposed AD would require visually
inspecting the bowls of the right hand
(RH) and left hand (LH) fuel filters for
any cracks and seepage. Depending on
the inspection results, this proposed AD
would require removing an affected fuel
filter from service and replacing that
part. This proposed AD would also
allow a certain fuel filter to be installed
on a helicopter if certain actions are
accomplished, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is proposed for
incorporation by reference. 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 March 18, 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–2024–0042; 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 EASA AD, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For EASA material identified in this
NPRM, contact EASA, KonradAdenauer Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
easa.europa.eu. You may find the EASA
material on the EASA website at
ad.easa.europa.eu.
• You may view this material at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N 321, Fort Worth, TX
SUMMARY:
E:\FR\FM\02FEP1.SGM
02FEP1
Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Proposed Rules]
[Pages 7299-7302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02058]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0219; Project Identifier MCAI-2023-00764-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 7300]]
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series
100 & 440) airplanes. This proposed AD was prompted by a determination
that a more restrictive airworthiness limitation is necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate a more restrictive
airworthiness limitation, 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 March 18,
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-2024-0219; 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 identified in this
NPRM, contact Transport Canada, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada;
phone 888-663-3639; email [email protected]. You may find this material on the
Transport Canada website tc.canada.ca/en/aviation. It is also available
at regulations.gov under Docket No. FAA-2024-0219.
You may view this material 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: Mark Taylor, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 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-2024-0219; Project Identifier
MCAI-2023-00764-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 Mark
Taylor, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 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-2023-41, dated June 15, 2023 (Transport
Canada AD CF-2023-41) (also referred to as the MCAI), to correct an
unsafe condition on certain MHI RJ Aviation ULC Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes. The MCAI states that a more
restrictive airworthiness limitation has been developed due to reports
of an unclear effectivity for airworthiness limitation (AWL) task
number 53-41-180 in the Maintenance Requirements Manual (MRM), Part 2.
If the revised task, AWL number 53-41-180, is not performed at the
required intervals, failures of the strap modification to the fuselage
station (FS) 409 and 128 bulkhead could remain undetected and could
result in the loss of the structural integrity of the airplane.
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-2024-0219.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-41, which specifies a
more restrictive airworthiness limitation for AWL task number 53-41-
180.
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 revising the existing maintenance or
inspection program, as applicable, to incorporate or a more restrictive
airworthiness limitation, which is specified in Transport Canada AD CF-
2023-41 described previously, as incorporated by reference. Any
difference with Transport Canada AD CF-2023-41 are identified as
exceptions in the regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new
[[Page 7301]]
actions (e.g., inspections). Compliance with these actions is required
by 14 CFR 91.403(c). For airplanes that have been previously modified,
altered, or repaired in the areas addressed by this proposed AD, the
operator may not be able to accomplish the actions described in the
revisions. In this situation, to comply with 14 CFR 91.403(c), the
operator must request approval for an alternative method of compliance
(AMOC) according to paragraph (j)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate Transport Canada AD CF-2023-41 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-41 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-2023-41 for compliance will be
available at regulations.gov under Docket No. FAA-2024-0219 after the
FAA final rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOC paragraph under ``Additional AD Provisions.'' This new format
includes a ``Provisions for Alternative Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action or interval.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 78 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 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-2024-0219; Project Identifier MCAI-2023-00764-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by March 18, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) Model CL-600-2B19 (Regional Jet
Series 100 & 440) airplanes, certificated in any category, as
identified in Transport Canada AD CF-2023-41, dated June 15, 2023
(Transport Canada AD CF-2023-41).
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that a more restrictive
airworthiness limitation is necessary. The FAA is issuing this AD to
address failure of the strap modification to the fuselage station
(FS) 409
[[Page 7302]]
and 128 bulkhead. The unsafe condition, if not addressed, could
result in the loss of the structural integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada AD CF-2023-41.
(h) Exception to Transport Canada AD CF-2023-41
(1) Where Transport Canada AD CF-2023-41 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where paragraph A. of Transport Canada AD CF-2023-41
specifies to ``incorporate the revised task AWL number 53-41-180 in
Appendix B of the MRM CSP A-053 Part 2,'' this AD requires replacing
those words with ``revise the existing maintenance or inspection
program, as applicable, by incorporating the revised task AWL number
53-41-180 specified in MHI RJ Temporary Revision 2B-2283, dated
March 16, 2023.''
(3) The initial compliance time for doing the task specified in
paragraph A. of Transport Canada AD CF-2023-41 is at the applicable
``threshold'' as specified in the service information referenced in
paragraph B. of Transport Canada AD CF-2023-41, or within 60 days
after the effective date of this AD, whichever occurs later.
(4) This AD does not adopt paragraph B. of Transport Canada AD
CF-2023-41.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Corrective
Actions'' section of Transport Canada AD CF-2023-41.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD 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.
(k) Additional Information
For more information about this AD, contact Mark Taylor,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 516-228-7300; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF-2023-41, dated June 15, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-41, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; phone 888-663-
3639; email [email protected]. You may find this Transport
Canada AD on the Transport Canada website tc.canada.ca/en/aviation.
(4) You may view this material 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 material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on January 29, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-02058 Filed 2-1-24; 8:45 am]
BILLING CODE 4910-13-P