Proposed Rule2023-10203
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
May 12, 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-600-2D15 (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 manufacturing quality escape concerning the installation of the Halon metering device on certain cargo fire extinguisher containers. This proposed AD would require the inspection of cargo fire extinguisher container serial numbers and the replacement of the affected containers. This proposed AD would also limit the installation of affected parts. 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 92 (Friday, May 12, 2023)</title>
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[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Proposed Rules]
[Pages 30685-30687]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10203]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1040; Project Identifier MCAI-2022-01512-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-600-2D15 (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 manufacturing quality
escape concerning the installation of the Halon metering device on
certain cargo fire extinguisher containers. This proposed AD would
require the inspection of cargo fire extinguisher container serial
numbers and the replacement of the affected containers. This proposed
AD would also limit the installation of affected parts. 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 June 26,
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-2023-1040; 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#d8acb0bcf6bbaab298e4b9f8b0aabdbee5" 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: Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative Services 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#142d39756267397a6d75777b39777b67547275753a737b62"><span class="__cf_email__" data-cfemail="536a7e3225207e3d2a32303c7e303c20133532327d343c25">[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-2023-1040; Project Identifier
MCAI-2022-01512-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
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and
Administrative Services 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#c9f0e4a8bfbae4a7b0a8aaa6e4aaa6ba89afa8a8e7aea6bf"><span class="__cf_email__" data-cfemail="073e2a6671742a697e6664682a6468744761666629606871">[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 AD CF-2022-66, dated December 8, 2022 (also referred to after
this as the MCAI), to correct an unsafe condition on all MHI RJ
Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702),
CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet Series
900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI
[[Page 30686]]
states that during assembly of the Halon metering device, the discharge
head was not fully seated on cargo fire extinguisher containers having
certain serial numbers. The threads in the discharge neck were not re-
tapped after the discharge disc was welded resulting in an undersized
thread, which prevented the Halon metering device from being fully
seated. This will result in an increased Halon mass flow rate through
the metering device during discharge, which could reduce the duration
of the Halon flow. This condition, if not corrected, when combined with
a cargo fire, could lead to a reduction in the fire extinguishing
capabilities of the fire protection system.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1040.
Related Service Information Under 1 CFR Part 51
The FAA reviewed MHIRJ Service Bulletin 670BA-26-014, dated July
28, 2022. This service information specifies procedures for an
inspection for the serial numbers of the high rate of discharge (HRD)
and low rate of discharge (LRD) cargo fire extinguisher containers and
the replacement of affected cargo fire extinguisher containers.
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.
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
described above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described. This proposed AD would
also limit the installation of affected parts.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 597 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 1 work-hour x $85 per hour = $85.. $0 Up to $85................. Up to $50,745.
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Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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3 work-hours x $85 per hour = $255.... $0 $255
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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-2023-1040; Project Identifier MCAI-2022-01512-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by June 26, 2023.
(b) Affected ADs
None.
[[Page 30687]]
(c) Applicability
This AD applies to all MHI RJ Aviation ULC (type certificate
previously held by Bombardier Inc.) 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 26, Fire
Protection.
(e) Unsafe Condition
This AD was prompted by a manufacturing quality escape
concerning the installation of the Halon metering device on certain
cargo fire extinguisher containers. The FAA is issuing this AD to
address an increased Halon mass flow rate through the metering
device during discharge, which could reduce the duration of the
Halon flow. The unsafe condition, if not addressed, when combined
with a cargo fire, could lead to a reduction in the fire
extinguishing and suppression capabilities of the fire protection
system.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Replacement
Within 1,000 flight hours or 6 months, whichever occurs first
from the effective date of this AD, inspect the serial numbers of
the high rate of discharge (HRD) and low rate of discharge (LRD)
cargo fire extinguisher containers in accordance with Section 2.B.
of the Accomplishment Instructions of MHIRJ Service Bulletin 670BA-
26-014, dated July 28, 2022. A review of airplane maintenance
records is acceptable in lieu of this inspection if the serial
number of the HRD and LRD cargo fire extinguisher containers can be
conclusively determined from that review.
(1) If neither of the HRD or the LRD container serial numbers is
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ
Service Bulletin 670BA-26-014, dated July 28, 2022, no further work
is required by this paragraph.
(2) If the serial numbers of both the HRD and LRD containers are
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ
Service Bulletin 670BA-26-014, dated July 28, 2022: Within 4,500
flight hours from the effective date of this AD, replace the HRD and
LRD cargo fire extinguisher containers in accordance with Section
2.B. of the Accomplishment Instructions of the MHIRJ Service
Bulletin 670BA-26-014, dated July 28, 2022.
(3) If the serial number of either the HRD or the LRD container,
but not both, is listed in Section 2.B. of the Accomplishment
Instructions of MHIRJ Service Bulletin 670BA-26-014, dated July 28,
2022: Within 8,800 flight hours from the effective date of this AD,
replace the affected HRD or LRD cargo fire extinguisher container in
accordance with Section 2.B. of the Accomplishment Instructions of
MHIRJ Service Bulletin 670BA-26-014, dated July 28, 2022.
(h) Parts Installation Limitation
As of the effective date of this AD, it is prohibited to install
an HRD or LRD cargo fire extinguisher container with a serial number
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ
Service Bulletin 670BA-26-014, dated July 28, 2022, unless the cargo
fire extinguisher container is ink-stamped with a circled ``G''
adjacent to the nameplate, signifying the incorporation of Kidde
Service Bulletin Fire Extinguisher-26-A dated April 4, 2022.
(i) Additional 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 New York ACO
Branch, mail it to ATTN: Program Manager, Continuing Operational
Safety, at the address identified in paragraph (j)(2) of this AD or
email to: <a href="/cdn-cgi/l/email-protection#11283c7067623c7f6870727e3c727e62517770703f767e67"><span class="__cf_email__" data-cfemail="cef7e3afb8bde3a0b7afada1e3ada1bd8ea8afafe0a9a1b8">[email protected]</span></a>. 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, New York ACO
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
(1) Refer to Transport Canada AD CF-2022-66, dated December 8,
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-2023-1040.
(2) For more information about this AD, contact Chirayu Gupta,
Aerospace Engineer, Mechanical Systems and Administrative Services
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#d5ecf8b4a3a6f8bbacb4b6baf8b6baa695b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="370e1a5641441a594e5654581a5458447751565619505841">[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) MHIRJ Service Bulletin 670BA-26-014, dated July 28, 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#d9adb1bdf7baabb399e5b8f9b1abbcbfe4" 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#0b6d79256265787b6e687f6264654b656a796a256c647d"><span class="__cf_email__" data-cfemail="771105591e1904071214031e1819371916051659101801">[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 May 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10203 Filed 5-11-23; 8:45 am]
BILLING CODE 4910-13-P
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