Proposed Rule2023-04301
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 3, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was prompted by a determination that new restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
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[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Proposed Rules]
[Pages 13385-13387]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04301]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0422; Project Identifier MCAI-2022-01067-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).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all MHI RJ Aviation ULC Model CL-600-2C10 (Regional Jet Series 700,
701 & 702), CL-600-2C11 (Regional Jet Series 550), CL-600-2D15
(Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and
CL-600-2E25 (Regional Jet Series 1000) airplanes. This proposed AD was
prompted by a determination that new restrictive airworthiness
limitations are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. The FAA
is proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 17,
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-2023-0422; 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:
<bullet> For service information identified in this NPRM, contact
MHI RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada; North
America toll-free telephone 833-990-7272 or direct-dial telephone 450-
990-7272; fax 514-855-8501; email <a href="/cdn-cgi/l/email-protection#d1a5b9b5ffb2a3bb91edb0f1b9a3b4b7ec" http: mhirj.com">mhirj.com</a>">thd.crj@<a href="http://mhirj.com">mhirj.com</a></a>; website <a href="http://mhirj.com">mhirj.com</a>.
<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.
FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, 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#0f36226e797c2261766e6c60226c607c4f696e6e21686079"><span class="__cf_email__" data-cfemail="370e1a5641441a594e5654581a5458447751565619505841">[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-2023-0422; Project Identifier
MCAI-2022-01067-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<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 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 Jiwan
Karunatilake, 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#2b12064a5d580645524a4844064844586b4d4a4a054c445d"><span class="__cf_email__" data-cfemail="b1889cd0c7c29cdfc8d0d2de9cd2dec2f1d7d0d09fd6dec7">[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
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-43, dated August 9, 2022 (Transport
Canada AD CF-2022-43) (also referred to after this as the MCAI), to
correct an unsafe condition for all MHI RJ Aviation ULC Model CL-600-
2C10 (Regional Jet Series 700, 701 & 702), CL-600-2C11 (Regional Jet
Series 550), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24
(Regional Jet Series 900), and CL-600-2E25 (Regional Jet Series 1000)
[[Page 13386]]
airplanes. The MCAI states that new airworthiness limitations have been
developed.
The FAA is proposing this AD to address an unannunciated loss or
low quantity of fire extinguishing agent in the engine and auxiliary
power unit (APU) fire extinguishing bottles. This condition, if not
corrected, could result in the inability to extinguish and suppress an
engine or APU fire.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-0422.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Task 26-20-00-101, ``Visual Check of the Engine
Fire Extinguishing bottle pressure gauge'' and Task 26-20-00-102,
``Visual Check of the APU Fire Extinguishing bottle pressure gauge,''
of Section 1, ``Certification Maintenance Requirements,'' Subject 1-26,
``Fire Protection,'' of the MHI RJ Model CL-600-2C10, CL-600-2D15, CL-
600-2D24, and CL-600-2E25 Series 550/700/705/900/1000 Airworthiness
Limitations, Maintenance Requirements Manual--Part 2, Volume 1, CSP B-
053, Revision 26, dated March 25, 2022. This service information
specifies new airworthiness limitations for certification maintenance
requirements.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new airworthiness
limitations.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 606 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2023-0422; Project Identifier MCAI-2022-01067-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 17, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) Model CL-600-2C10 (Regional Jet
Series 700, 701 & 702), CL-600-2C11 (Regional Jet Series 550), CL-
600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series
900) and CL-600-2E25 (Regional Jet Series 1000) airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
Protection.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address an unannunciated loss or low quantity of
fire extinguishing agent in the engine and auxiliary power unit
(APU) fire extinguishing bottles. The unsafe condition, if not
corrected, may lead to the inability to extinguish and suppress an
engine or APU fire.
[[Page 13387]]
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision
Within 60 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Task 26-20-00-101, ``Visual
Check of the Engine Fire Extinguishing bottle pressure gauge'' and
Task 26-20-00-102, ``Visual Check of the APU Fire Extinguishing
bottle pressure gauge,'' of Section 1, ``Certification Maintenance
Requirements,'' Subject 1-26, ``Fire Protection,'' of the MHI RJ
Model CL-600-2C10, CL-600-2D15, CL-600-2D24, and CL-600-2E25 Series
550/700/705/900/1000 Airworthiness Limitations, Maintenance
Requirements Manual--Part 2, Volume 1, CSP B-053, Revision 26, dated
March 25, 2022 (Task 26-20-00-101 and Task 26-20-00-102 of the MRM--
Part 2, Revision 26). The initial compliance time for doing the
tasks is at the phase-in time specified in Task 26-20-00-101 and
Task 26-20-00-102 of the MRM--Part 2, Revision 26, or within 60 days
after the effective date of this AD, whichever occurs later.
(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 or 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; or Bombardier, Inc.'s Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.
(j) Additional Information
(1) Refer to Transport Canada AD CF-2022-43, dated August 9,
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-2023-0422.
(2) For more information about this AD, contact Jiwan
Karunatilake, 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#e1d8cc809792cc8f9880828ecc828e92a1878080cf868e97"><span class="__cf_email__" data-cfemail="d4edf9b5a2a7f9baadb5b7bbf9b7bba794b2b5b5fab3bba2">[email protected]</span></a>.
(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) Task 26-20-00-101, ``Visual Check of the Engine Fire
Extinguishing bottle pressure gauge'' and Task 26-20-00-102,
``Visual Check of the APU Fire Extinguishing bottle pressure
gauge,'' of Section 1, ``Certification Maintenance Requirements,''
Subject 1-26, ``Fire Protection,'' of the MHI RJ Model CL-600-2C10,
CL-600-2D15, CL-600-2D24, and CL-600-2E25 Series 550/700/705/900/
1000 Airworthiness Limitations, Maintenance Requirements Manual--
Part 2, Volume 1, CSP B-053, Revision 26, dated March 25, 2022.
(ii) [Reserved]
(3) For service information identified in this AD, contact MHI
RJ Aviation Group, Customer Response Center, 3655 Ave. des Grandes-
Tourelles, Suite 110, Boisbriand, Qu[eacute]bec J7H 0E2 Canada;
North America toll-free telephone 833-990-7272 or direct-dial
telephone 450-990-7272; fax 514-855-8501; email <a href="/cdn-cgi/l/email-protection#ff8b979bd19c8d95bfc39edf978d9a99c2" http: mhirj.com">mhirj.com</a>">thd.crj@<a href="http://mhirj.com">mhirj.com</a></a>;
website <a href="http://mhirj.com">mhirj.com</a>.
(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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#187e6a3671766b687d7b6c7177765876796a79367f776e"><span class="__cf_email__" data-cfemail="e78195c98e8994978284938e8889a789869586c9808891">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on February 25, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04301 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-13-P
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