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

[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97507-97510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28786]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0995; Project Identifier MCAI-2023-01075-T; 
Amendment 39-22897; AD 2024-24-07]
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 Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 
& 440) airplanes. This AD was prompted by a determination that the 
overhead bin attachment could fail under certain conditions. This AD 
requires replacing existing overhead bin hook assemblies and support 
tubes with a different type, as specified in a Transport Canada AD, 
which is incorporated by reference (IBR). The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective January 13, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 13, 
2025.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket

[[Page 97508]]

No. FAA-2024-0995; 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 Transport Canada material identified in this AD, 
contact Transport Canada, Transport Canada National Aircraft 
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; 
telephone 888-663-3639; email [email protected]; website at tc.canada.ca/en/
aviation.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available at regulations.gov under 
Docket No. FAA-2024-0995.

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 Aviation 
ULC Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The 
NPRM published in the Federal Register on April 9, 2024 (89 FR 24745). 
The NPRM was prompted by AD CF-2023-71, dated October 16, 2023 
(Transport Canada AD CF-2023-71) (also referred to as the MCAI), issued 
by Transport Canada, which is the aviation authority for Canada. The 
MCAI states that during a review of the certification test of the 
overhead bin configuration (also referred to as overhead storage 
compartment), it was discovered that the aft serrated hook attachment 
could fail when the overhead bin is subjected to the 9G forward 
emergency landing condition certification requirements. A design review 
revealed that a tolerance buildup could lead to a lack of engagement 
between the serrated hooks and the supporting serrated tube. This 
condition leads to a lack of forward load reaction capability, which is 
essential during an emergency landing, and could result in displacement 
of the overhead bins. As a result, the overhead bins could fall on the 
occupants and/or prevent access to emergency exits.
    In the NPRM, the FAA proposed to require replacing existing 
overhead bin hook assemblies and support tubes with a different type, 
as specified in Transport Canada AD CF-2023-71. 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-2024-0995.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Wisconsin Airlines. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request for Revising the Applicability

    Air Wisconsin Airlines requested that the FAA list the serial 
numbers the proposed AD is applicable to, instead of stating the 
proposed AD applies to MHI RJ Aviation ULC Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes as identified in Transport Canada AD 
CF-2023-71. The commentator stated Transport Canada AD CF-2023-71 lists 
the applicable serial numbers.
    The FAA disagrees with the request. As noted by the commenter, 
paragraph (c) of this AD states that this AD applies to Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes as identified in 
Transport Canada AD CF-2023-71, which lists the affected serial 
numbers. This AD was developed using the ``incorporate by reference 
(IBR) the MCAI'' method, which simplifies FAA ADs and facilitates a 
simpler AD process. The applicability of FAA ADs developed using the 
IBR the MCAI process identifies the airplane models that are on the 
U.S. type certificate data sheet and refers to the MCAI AD for the 
specific affected airplanes. The FAA has not changed this AD in this 
regard.

Request for Revising Estimated Costs

    Air Wisconsin Airlines requested the FAA amend the ``Costs of 
Compliance'' paragraph in the NPRM to include an additional 120 hours 
if actions are not completed during a ``heavy check.'' The commenter 
stated that the estimate of 21 labor hours does not account for the 
removal and installation of interior products (e.g., seats, sidewall, 
panels, ceiling panels, etc.) as specified in one of the aircraft 
maintenance manual (AMM) tasks.
    The FAA agrees with the request. The FAA has revised the ``Costs of 
Compliance'' paragraph of this final rule accordingly.

Request To Refer to an Additional Document

    Air Wisconsin Airlines requested the addition of MHI RJ Reference 
Instruction Letter (RIL) 10059, Revision A, dated June 6, 2024, to the 
proposed AD because AMM Task 25-23-01-400-805 was not yet published in 
the AMM. The commenter stated that MHI RJ Service Bulletin 601R-25-206, 
dated June 29, 2023, instructs installation of overhead bins and 
references AMM Task 25-23-01-400-805.
    The FAA agrees with this request. MHI RJ Reference Instruction 
Letter (RIL) 10059, Revision A, dated June 6, 2024, may also be 
referred to for the installation of overhead bins. The FAA has added 
paragraph (h)(3) to this AD accordingly.

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, considered the 
comments received, 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, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    Transport Canada AD CF-2023-71 specifies procedures for the 
replacement of the existing serrated hook assemblies and serrated 
support tubes with hook assemblies using a shear pin and non-serrated 
support tubes on the overhead bins.
    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.

Costs of Compliance

    The FAA estimates this AD affects 230 airplanes of U.S. registry. 
The FAA estimates the following costs to comply with this AD:

[[Page 97509]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
141 * work-hours x $85 per hour = $11,985....................          $1,764          $13,749       $3,162,270
----------------------------------------------------------------------------------------------------------------
* This figure does not include the time (up to 24 hours) for curing the sealant applied around the new hook
  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:

2024-24-07 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22897; Docket No. FAA-2024-0995; 
Project Identifier MCAI-2023-01075-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 13, 2025.

(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-2023-71, dated October 16, 2023 
(Transport Canada AD CF-2023-71).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a determination that the overhead bin 
attachment could fail under certain conditions. The FAA is issuing 
this AD to address a lack of forward load reaction capability during 
a high forward G emergency landing condition that could result in 
displacement of the overhead bins. The unsafe condition, if not 
addressed, could result in the overhead bins falling on the 
occupants and/or preventing access to emergency exits.

(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-2023-71.

(h) Exception to Transport Canada AD CF-2023-71

    (1) Where Transport Canada AD CF-2023-71 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2023-71 refers to hours air 
time, this AD requires using flight hours.
    (3) Where the service information specified in Transport Canada 
AD CF-2023-71, specifies to ``refer to AMM 25-23-01-400-805,'' for 
this AD, replace that text with '' refer to AMM 25-23-01-400-805 or 
MHI RJ Reference Instruction Letter (RIL) 10059, Revision A, dated 
June 6, 2024.''

(i) 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, send it to the attention of the 
person identified in paragraph (j) of this AD and email 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.

(j) Additional Information

    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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada AD CF-2023-71, dated October 16, 2023.
    (ii) [Reserved]

[[Page 97510]]

    (3) For Transport Canada material identified in this AD, contact 
Transport Canada, Transport Canada National Aircraft Certification, 
159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-
663-3639; email [email protected]. You may find this Transport 
Canada AD on the Transport Canada website at tc.canada.ca/en/
aviation.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (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 November 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-28786 Filed 12-6-24; 8:45 am]
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