Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes

[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Rules and Regulations]
[Pages 21-23]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28801]



[[Page 21]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1823; Project Identifier MCAI-2023-00314-T; 
Amendment 39-22628; AD 2023-25-01]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain MHI RJ Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), 
CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 
705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional 
Jet Series 1000) airplanes. This AD was prompted by a report of a 
passenger seat Y-belt (lap belt) re-installed in the wrong orientation, 
due to an incorrect maintenance manual. This AD requires inspecting 
certain Y-belts for correct installation and damage and corrective 
actions if necessary. This AD also prohibits the use of certain 
revisions of a maintenance task. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective February 6, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 6, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1823; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For MHI RJ service information identified in this final 
rule, 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.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2023-1823.

FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain MHI RJ 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 NPRM published in the Federal Register on September 13, 
2023 (88 FR 62709). The NPRM was prompted by AD CF-2023-10, dated 
February 17, 2023, issued by Transport Canada, which is the aviation 
authority for Canada (referred to after this as the MCAI). The MCAI 
states that following maintenance on a Model CL-600-2C10 airplane, a Y-
belt (also known as lap belt) was re-installed in the wrong 
orientation. The MCAI further states that the instructions contained 
within the aircraft maintenance manual (AMM) on how to install the 
passenger seat Y-belts, showed an incorrect orientation of the Y-belt 
assembly. The MCAI confirms the manufacturer updated the AMM tasks and 
these instructions have been corrected. Y-belts installed in the wrong 
orientation, if not corrected, could result in passenger injury due to 
head impact on the front monument during an emergency landing.
    In the NPRM, the FAA proposed to require inspecting certain Y-belts 
for correct installation and damage and corrective actions if 
necessary. The FAA also proposed to prohibit the use of certain 
revisions of a maintenance task. The FAA is issuing this AD to address 
the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1823.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    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 reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 670BA-25-135, Revision B, 
dated November 25, 2022. This service information specifies procedures 
to inspect for correct installation (as shown in certain maintenance 
tasks) of each passenger seat Y-belt. This service information also 
specifies corrective actions, which include re-installing each 
incorrectly installed Y-belt per certain maintenance tasks and 
addressing damage (includes dents or misshapen hooks that attach the 
belt to the seat).
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 606 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

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                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                             Labor cost                               Parts cost      product       operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.................................           $0          $170         $103,020
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
replacements that would be required based on the results of the 
inspection. The agency has no way of determining the number of aircraft 
that might need these replacements.

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
          Labor cost                  Parts cost        Cost per product
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Up to 0.5 work-hours x $85 per  Up to $550 per Y-belt   Up to $593.
 hour = $43.                     assembly.
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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:

2023-25-01 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22628; Docket No. FAA-2023-1823; 
Project Identifier MCAI-2023-00314-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 6, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
previously held by Bombardier, Inc.) airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (3) of this AD.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and 
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers (S/
N) 10001 through 10348 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, S/N 15001 through 15499 
inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, S/N 
19001 through 19064 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code: 25, Equipment/
Furnishings.

(e) Unsafe Condition

    This AD was prompted by a report of a passenger seat Y-belt 
(lap-belt) re-installed in the wrong orientation, due to an 
incorrect maintenance manual. The FAA is issuing this AD to detect 
and address Y-belts that are incorrectly installed. The unsafe 
condition, if not addressed, could result in passenger injury due to 
head impact on the front monument during an emergency landing.

(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: Within 24 
months after the effective date of this AD, inspect each Y-belt for 
correct installation and damage and, if any incorrect installation 
or damage is found, within 24 months after the effective date of 
this AD, do all applicable corrective actions, in accordance with 
paragraph B, ``Procedure,'' of the Accomplishment Instructions of 
MHI RJ Service Bulletin 670BA-25-135, Revision B, dated November 25, 
2022. For this AD, damage includes dents or misshapen hooks that 
attach the belt to the seat.

    Note 1 to paragraph (g): Y-belts are also known as lap belts.

(h) Exceptions to Service Information

    Where paragraph B, ``Procedure,'' of the Accomplishment 
Instructions of MHI RJ Service Bulletin 670BA-25-135, Revision B, 
dated November 25, 2022, specifies to ``refer to AMM'' replace those 
words with ``in accordance with AMM.''

(i) Maintenance Task Prohibition

    As of the effective date of this AD, it is prohibited to use MHI 
RJ Aviation ULC Aircraft Maintenance Manual (AMM) task 25-21-04-400-
801, revision 69 or earlier.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the service information

[[Page 23]]

identified in paragraph (j)(1) or (2) of this AD, provided the 
actions were done using MHI RJ AMM Revision 70, dated May 25, 2022, 
or Revision 71, dated December 16, 2022.
    (1) MHI RJ Service Bulletin 670BA-25-135, dated June 1, 2022.
    (2) MHI RJ Service Bulletin 670BA-25-135, Revision A, dated 
August 30, 2022.

(k) 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 (l)(2) of this AD. Information may be emailed to: [email protected]. 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.

(l) Additional Information

    (1) Refer to Transport Canada AD CF-2023-10, dated February 17, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1823.
    (2) For more information about this AD, contact Fatin Saumik, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email: [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(m) 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) MHI RJ Service Bulletin 670BA-25-135, Revision B, dated 
November 25, 2022.
    (ii) [Reserved]
    (3) For MHI RJ Aviation ULC 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 St., 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 December 5, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28801 Filed 12-29-23; 8:45 am]
BILLING CODE 4910-13-P

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