Proposed Rule2023-15248
Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes
Primary source
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Published
July 19, 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-600-2B19 (Regional Jet Series 100 & 440); 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 aircraft maintenance manual (AMM) tasks and certification maintenance requirement (CMR) tasks are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive AMM and CMR tasks. 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 137 (Wednesday, July 19, 2023)</title>
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[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Proposed Rules]
[Pages 46118-46121]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15248]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1496; Project Identifier MCAI-2022-01059-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-600-2B19 (Regional Jet Series 100
& 440); 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 aircraft maintenance manual (AMM) tasks and
certification maintenance requirement (CMR) tasks are necessary. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive AMM and CMR tasks. 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 September
5, 2023.
[[Page 46119]]
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-2023-1496; 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#6c180408420f1e062c500d4c041e090a51" 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: Elizabeth Dowling, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#023b2f6374712f6c7b63616d2f616d71426463632c656d74"><span class="__cf_email__" data-cfemail="8db4a0ecfbfea0e3f4eceee2a0eee2fecdebececa3eae2fb">[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-2023-1496; Project Identifier
MCAI-2022-01059-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
Elizabeth Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#370e1a5641441a594e5654581a5458447751565619505841"><span class="__cf_email__" data-cfemail="447d69253237692a3d25272b69272b37042225256a232b32">[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-2022-42, dated August 8, 2022, (Transport
Canada AD CF-2022-42) (also referred to after this as the MCAI), to
correct an unsafe condition for all MHI RJ Aviation ULC Model CL-600-
2B19 (Regional Jet Series 100 & 440); 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 MCAI states that
operators have reported frequent flight interruptions and high lavatory
smoke detector removal rates due to the frequent testing of the smoke
detector self-test switch by the flight crew using unsuitable objects.
The MCAI also stated there is a potential dormant failure of the
lavatory smoke detector if the self-test switch check is not performed
in accordance with revised procedures.
The FAA is proposing this AD to address a potential dormant failure
of the lavatory smoke detector if the self-test switch check is not
performed in accordance with revised AMM or CMR tasks. If these
maintenance task changes are not implemented, and in combination with a
fire in the lavatory, this may lead to a delay in the reaction time to
address smoke/fire in the lavatory. You may examine the MCAI in the AD
docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1496.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Temporary Revision 2A-75, dated May 28,
2020. This service information specifies new or more restrictive CMR
tasks.
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 this 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 or more
restrictive AMM and CMR tasks.
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
(j)(1) of this proposed AD.
[[Page 46120]]
Differences Between This AD and the MCAI or Service Information
Transport Canada AD CF-2022-42 introduces a new candidate
certification maintenance requirement (CCMR) interval that the FAA
cannot mandate as a CCMR as specified in the MCAI. Therefore, the FAA
proposes to mandate two AMM tasks as specified in Figure 1 to paragraph
(h) of this proposed AD.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,024 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-2023-1496; Project Identifier MCAI-2022-01059-
T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 5, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all MHI RJ Aviation ULC (Type Certificate
previously held by Bombardier, Inc.) airplanes identified in
paragraphs (c)(1) through (6) of this AD, certificated in any
category.
(1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes.
(2) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702)
airplanes.
(3) Model CL-600-2C11 (Regional Jet Series 550) airplanes.
(4) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
(5) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
(6) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.
(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 aircraft maintenance manual (AMM) tasks and
certification maintenance requirement (CMR) tasks are necessary. The
FAA is issuing this AD to address a potential dormant failure of the
lavatory smoke detector if the self-test switch check is not
performed in accordance with the revised AMM or CMR tasks. If these
maintenance task changes are not implemented, and in combination
with a fire in the lavatory, this may lead to a delay in the
reaction time to address smoke/fire in the lavatory.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Maintenance or Inspection Program Revision for Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes
For Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes:
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 Bombardier Temporary
Revision 2A-75, dated May 28, 2020. The initial compliance time for
doing the task is within 12 months after the effective date of this
AD.
(h) Maintenance or Inspection Program Revision for Other Airplanes
For airplanes identified in paragraphs (c)(2) through (6) of
this AD: 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 Figure 1 to paragraph (h)
of this AD. The initial compliance time for doing the tasks is
within 12 months after the effective date of this AD.
Figure 1 to Paragraph (h)--AMM Task for an Operational Check of the
Lavatory Smoke Detector (Forward and Aft)
[GRAPHIC] [TIFF OMITTED] TP19JY23.199
[[Page 46121]]
(i) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) or (h) 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 (j)(1) of this AD.
(j) 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 MHI RJ Aviation ULC's Transport
Canada Design Approval Organization (DAO). If approved by the DAO,
the approval must include the DAO-authorized signature.
(k) Additional Information
(1) Refer to Transport Canada AD CF-2022-42, dated August 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-2023-1496.
(2) For more information about this AD, contact Elizabeth
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#f9c0d4988f8ad49780989a96d49a968ab99f9898d79e968f"><span class="__cf_email__" data-cfemail="c6ffeba7b0b5eba8bfa7a5a9eba5a9b586a0a7a7e8a1a9b0">[email protected]</span></a>.
(l) 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 to do the actions
required by this AD, unless this AD specifies otherwise.
(i) Bombardier Temporary Revision 2A-75, dated May 28, 2020.
(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#c0b4a8a4eea3b2aa80fca1e0a8b2a5a6fd" 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#5432267a3d3a27243137203d3b3a143a3526357a333b22"><span class="__cf_email__" data-cfemail="d8beaaf6b1b6aba8bdbbacb1b7b698b6b9aab9f6bfb7ae">[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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15248 Filed 7-18-23; 8:45 am]
BILLING CODE 4910-13-P
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