Proposed Rule2023-00130
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
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Published
January 13, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to all MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, Model CL-600-2C11 (Regional Jet Series 550) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This action revises the NPRM by proposing to require revising the existing maintenance or inspection program, as applicable, to incorporate two aircraft maintenance manual (AMM) tasks. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM.
Full Text
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<title>Federal Register, Volume 88 Issue 9 (Friday, January 13, 2023)</title>
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[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2279-2282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00130]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0679; Project Identifier MCAI-2021-01213-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: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that would have applied to all MHI RJ Aviation ULC Model CL-600-2C10
(Regional Jet Series 700, 701 & 702) airplanes, Model CL-600-2C11
(Regional Jet Series 550) airplanes, Model CL-600-2D15 (Regional Jet
Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900)
airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
This action revises the NPRM by proposing to require revising the
existing maintenance or inspection program, as applicable, to
incorporate two aircraft maintenance manual (AMM) tasks. The FAA is
proposing this airworthiness directive (AD) to address the unsafe
condition on these products. Since these actions would impose an
additional burden over those in the NPRM, the FAA is requesting
comments on this SNPRM.
DATES: The FAA must receive comments on this SNPRM by February 27,
2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0679; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, this SNPRM, the mandatory continuing
airworthiness information (MCAI), any comments received, and other
information. The street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Chirayu A. Gupta, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#625b4f0314114f0c1b03010d4f010d11220403034c050d14"><span class="__cf_email__" data-cfemail="576e7a3621247a392e3634387a3438241731363679303821">[email protected]</span></a>.
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-2022-0679; Project Identifier
MCAI-2021-01213-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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this SNPRM.
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 SNPRM 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 SNPRM, it is important that you clearly designate
the submitted comments as CBI. Please
[[Page 2280]]
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 SNPRM. Submissions
containing CBI should be sent to Chirayu A. Gupta, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#350c18544346185b4c54565a18565a46755354541b525a43"><span class="__cf_email__" data-cfemail="1b22367a6d683675627a7874367874685b7d7a7a357c746d">[email protected]</span></a>. 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 an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to all MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702) airplanes, Model CL-600-2C11 (Regional Jet
Series 550) airplanes, Model CL-600-2D15 (Regional Jet Series 705)
airplanes, Model CL-600-2D24 (Regional Jet Series 900) airplanes, and
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM
published in the Federal Register on June 16, 2022 (87 FR 36269). The
NPRM was prompted by AD CF-2021-38, dated November 5, 2021, issued by
Transport Canada, which is the aviation authority for Canada. Transport
Canada issued AD CF-2021-38, dated November 5, 2021, to address an
unsafe condition.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new
and more restrictive airworthiness limitations.
You may examine Transport Canada AD CF-2021-38, dated November 5,
2021, in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-
0679.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, the FAA determined it was necessary
to require revising the existing maintenance or inspection program, as
applicable, to incorporate two AMM tasks.
In addition, Transport Canada revised AD CF-2021-38, dated November
5, 2021, and issued Transport Canada AD CF-2021-38R1, dated May 25,
2022 (Transport Canada AD CF-2021-38R1) (also referred to as the MCAI),
to correct an unsafe condition for all MHI RJ Aviation ULC Model CL-
600-2C10 (Regional Jet Series 700, 701 & 702) airplanes, Model CL-600-
2C11 (Regional Jet Series 550) airplanes, Model CL-600-2D15 (Regional
Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet Series 900)
airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
The MCAI states there have been in-service reports of emergency ram air
valve part number GG670-95019-1 stuck in closed or partially open
positions. An investigation revealed that the emergency ram air valve
is failing due to corrosion of multiple sub-components, which causes an
increase in the breakaway torque that cannot be overcome by the valve
actuator. This condition, if not corrected, could result in a complete
loss of outside air supply, leading to an increase in flight deck and
cabin temperatures and a possible increased level of contaminated air
(carbon monoxide, carbon dioxide, or ozone).
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0679.
Comments
The FAA received comments from the Air Line Pilots Association,
International, who supported the NPRM without change.
The FAA received additional comments from MHI RJ Aviation ULC. The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Revise Model Designations
MHI RJ Aviation ULC requested that paragraph (g)(1) of the proposed
AD be revised to read ``[MHI RJ] CRJ550/700/900/1000 Series Regional
Jet Series'' instead of ``[MHI RJ] CRJ700/900/1000 Series Regional Jet
Series.''
The FAA disagrees. The citations for required documents match the
nomenclature of the cited documents. For the Temporary Revision (TR)
ALI-0744, dated April 27, 2021, the first page of the document only
identifies ``CRJ700/900/1000 Series Regional Jet.'' Therefore, the
correct citation should be ``[MHI RJ] CRJ700/900/1000 Series Regional
Jet Temporary Revision (TR) ALI-0744, dated April 27, 2021.'' However,
that temporary revision is no longer cited in this proposed AD;
therefore, the FAA has not changed this proposed AD in this regard.
Request To Revise Reference to the MCAI
MHI RJ Aviation ULC requested that paragraph (j)(1) of the proposed
AD be revised to refer to ``CF-2021-38R1'' instead of ``CF-2021-38.''
The FAA agrees and has revised paragraph (j)(1) of this proposed AD
(of the SNPRM) accordingly.
Additional Changes Made to This Proposed AD
This proposed AD (of the SNPRM) introduces new candidate
certification maintenance requirement (CCMR) intervals that the FAA
cannot mandate as CCMRs as specified in the temporary revisions cited
in the proposed A. Therefore, the FAA proposes to mandate two AMM tasks
as specified in Figure 1 to paragraph (g)(1) and Figure 2 to paragraph
(g)(2) of the proposed AD (of the SNPRM). In addition, the figures
include the on-condition replacement requirements specified in
Transport Canada AD CF-2021-38R1, which were not included in the
proposed AD (of the NPRM).
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, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this SNPRM after determining that
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.
Proposed AD Requirements in This SNPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate two AMM tasks.
Costs of Compliance
The FAA estimates that this proposed AD affects 1,158 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
[[Page 2281]]
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-2022-0679; Project Identifier MCAI-2021-01213-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by February 27, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation ULC airplanes,
certificated in any category, identified in paragraphs (c)(1)
through (5) of this AD.
(1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702)
airplanes.
(2) Model CL-600-2C11 (Regional Jet Series 550) airplanes.
(3) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
(4) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
(5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 21, Air
conditioning.
(e) Reason
This AD was prompted by a determination that the existing
maintenance or inspection program, as applicable, must be revised to
incorporate two aircraft manual (AMM) tasks. The FAA is issuing this
AD to address in-service reports of emergency ram air valve part
number (P/N) GG670-95019-1 stuck in closed or partially open
positions, which, if not corrected could result in a complete loss
of outside air supply, leading to an increase in flight deck and
cabin temperatures and a possible increased level of contaminated
air (carbon monoxide, carbon dioxide, or ozone).
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
(1) Within 90 days after the effective date of this AD, revise
the existing maintenance or inspection program, as applicable, to
incorporate the information specified in figure 1 to paragraph
(g)(1) of this AD. The initial compliance time for doing the task is
at the applicable time specified in paragraph (g)(1)(i) or (ii) of
this AD.
[GRAPHIC] [TIFF OMITTED] TP13JA23.000
[[Page 2282]]
(i) For airplanes that have accumulated less than 1,800 flight
hours since the last operational check of the ram air shutoff valve
was performed as specified in AMM Task 21-52-04-710-801-A01, and for
airplanes that have accumulated less than 1,800 flight hours from
the date of issuance of the original airworthiness certificate or
original export certificate of airworthiness: Within 90 days after
the effective date of this AD, or before accumulating 1,800 total
flight hours, whichever occurs later.
(ii) For airplanes that have accumulated 1,800 flight hours or
more since the last operational check of the ram air shutoff valve
was performed as specified in AMM Task 21-52-04-710-801-A01, and for
airplanes that have accumulated 1,800 flight hours or more since the
date of issuance of the original airworthiness certificate or
original export certificate of airworthiness and for which no
operational check of the valve has been performed: Within 90 days
after the effective date of this AD or before accumulating 3,000
total flight hours, whichever occurs later.
(2) Within 90 days after the effective date of this AD, revise
the existing maintenance or inspection program, as applicable, to
incorporate the information specified in figure 2 to paragraph
(g)(2) of this AD. The initial compliance time for doing the task is
at the applicable time specified in paragraph (g)(2)(i) or (ii) of
this AD.
[GRAPHIC] [TIFF OMITTED] TP13JA23.001
(i) For airplanes that have accumulated less than 17,600 flight
hours since the last detailed inspection of the pack discharge and
ram air supply ducts was performed as specified in AMM Task 21-51-
00-220-801-A01, and for airplanes that have accumulated less than
17,600 flight hours since the date of issuance of the original
airworthiness certificate or original export certificate of
airworthiness: Within 90 days after the effective date of this AD,
or before accumulating 17,600 total flight hours, whichever occurs
later.
(ii) For airplanes that have accumulated 17,600 flight hours or
more since the last detailed inspection of the pack discharge and
ram air supply ducts as specified in AMM Task 21-51-00-220-801-A01,
and for airplanes that have accumulated 17,600 flight hours or more
since the date of issuance of the original airworthiness certificate
or original export certificate of airworthiness, and for which no
detailed inspection of the pack discharge and ram air supply ducts
has been performed: Within 90 days after the effective date of this
AD.
(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, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ
Aviation ULC's TCCA Design Approval Organization (DAO). If approved
by the DAO, the approval must include the DAO-authorized signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2021-38R1, dated May 25,
2022, for related information. This Transport Canada AD may be found
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0679.
(2) For more information about this AD, contact Chirayu A.
Gupta, Aerospace Engineer, Airframe and Propulsion Section, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#a39a8ec2d5d08ecddac2c0cc8ec0ccd0e3c5c2c28dc4ccd5"><span class="__cf_email__" data-cfemail="c2fbefa3b4b1efacbba3a1adefa1adb182a4a3a3eca5adb4">[email protected]</span></a>.
(k) Material Incorporated by Reference
None.
Issued on January 2, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-00130 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P
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