Rule2023-22486
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
October 13, 2023
Effective
October 30, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all MHI RJ Aviation ULC Model CL-600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by a determination that a new airworthiness limitation is necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to establish a new life limit for a certain main landing gear (MLG) retract actuator piston rod. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70885-70887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22486]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 /
Rules and Regulations
[[Page 70885]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1992; Project Identifier MCAI-2023-00414-T;
Amendment 39-22568; AD 2023-20-09]
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; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
MHI RJ Aviation ULC Model CL-600-2E25 (Regional Jet Series 1000)
airplanes. This AD was prompted by a determination that a new
airworthiness limitation is necessary. This AD requires revising the
existing maintenance or inspection program, as applicable, to establish
a new life limit for a certain main landing gear (MLG) retract actuator
piston rod. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective October 30, 2023.
The FAA must receive comments on this AD by November 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:
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-2023-1992; 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, any comments received, and other
information. The street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Gabriel D. Kim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7343; email <a href="/cdn-cgi/l/email-protection#bd8490dccbce90d3c4dcded290ded2cefddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="f1c8dc908782dc9f8890929edc929e82b1979090df969e87">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this final rule. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2023-1992; Project
Identifier MCAI-2023-00414-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Gabriel
D. Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7343; email <a href="/cdn-cgi/l/email-protection#8db4a0ecfbfea0e3f4eceee2a0eee2fecdebececa3eae2fb"><span class="__cf_email__" data-cfemail="9aa3b7fbece9b7f4e3fbf9f5b7f9f5e9dafcfbfbb4fdf5ec">[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-2022-56, dated September 26, 2022
(referred to after this as ``the MCAI''), to correct an unsafe
condition on all MHI RJ Aviation ULC (formerly Bombardier Inc.) Model
CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states MLG
fatigue testing that was accomplished at the time of aircraft
certification was not performed in accordance with the Qualification
Test Plan. According to the MCAI, the pressure impulse testing was
repeated on the CL600-2E25 MLG retract actuator using the required load
spectrum, and as a result, a ``safe life limitation'' of 9,300 flight
cycles was established for piston rod part number (P/N) 55615-1.
The FAA is issuing this AD to establish a life limit for MLG
retract actuator piston rod part number 55615-1. Exceeding this life
limit could result in failure of the MLG retract actuator piston in
flight, causing an undamped MLG free fall extension, which may result
in MLG collapse on landing.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1992.
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 and
service information referenced above. The FAA is issuing this AD after
determining that the unsafe condition described previously is
[[Page 70886]]
likely to exist or develop on other products of the same type design.
Requirements of the Final Rule
This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate a new life limit of 9,300 flight
cycles for MLG retract actuator piston rod P/N 55615-1.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
The FAA has found that the risk to the flying public justifies
foregoing notice and comment prior to adoption of this rule because
there are no airplanes currently on the U.S. registry and thus, it is
unlikely that the FAA will receive any adverse comments or useful
information about this AD from U.S. operator. Accordingly, notice and
opportunity for prior public comment are unnecessary, pursuant to 5
U.S.C. 553(b)(3)(B).
In addition, for the foregoing reasons, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d) for making this amendment
effective in less than 30 days.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no airplanes with this type certificate on the
U.S. registry. If an affected airplane is imported and placed on the
U.S. Registry in the future, the FAA provides the following cost
estimates to comply with this AD:
The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA 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
FAA estimates the 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
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2023-20-09 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-22568; Docket No. FAA-2023-1992;
Project Identifier MCAI-2023-00414-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 30, 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-600-2E25 (Regional Jet
Series 1000) airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Reason
This AD was prompted by a determination that a new airworthiness
limitation is necessary. The FAA is issuing this AD to establish a
life limit for main landing gear (MLG) retract actuator piston rod
part number 55615-1. Exceeding this life limit could result in
failure of the MLG retract actuator piston in flight, causing an
undamped MLG free fall extension. The unsafe condition, if not
addressed, could result in MLG collapse on landing.
(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
establish a life limit of 9,300 flight cycles for the MLG retract
actuator piston rod (part of MLG retract actuator 55600), part
number 55615-1. The initial compliance time for removing the part
from service is at the applicable time specified in paragraphs
(g)(1) through (3) of this AD.
Note 1 to paragraph (g): The life limit in paragraph (g) of this
AD can be found in Airworthiness Limitation (ALI) Task Number 32-32-
05-709 for Configuration B, ``Piston Rod, MLG Retract Actuator (part
of MLG Retract Actuator 55600)'' of MHI RJ CRJ700/900/1000 Temporary
Revision ALI-0763, dated April 14, 2022 (TR ALI-0763), which
specifies an effective date of April 14, 2022.
(1) For a MLG retract actuator piston rod that has accumulated
fewer than 4,300 total flight cycles as of April 14, 2022 (phase-in
Effective Date of TR ALI-0763): Before accumulating 9,300 total
flight cycles.
(2) For a MLG retract actuator piston rod that has accumulated
4,300 total flight cycles
[[Page 70887]]
or more and 18,000 total flight cycles or fewer as of April 14, 2022
(phase-in Effective Date of TR ALI-0763): Within 5,000 flight cycles
from April 14, 2022, or before exceeding 20,000 total flight cycles,
whichever occurs first.
(3) For a MLG retract actuator piston rod that has accumulated
more than 18,000 total flight cycles as of April 14, 2022 (phase-in
Effective Date of TR ALI-0763): Within 2,000 flight cycles from
April 14, 2022.
(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 they are
approved as an alternative method of compliance in accordance with
paragraph (i)(1) of this AD.
(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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j)(3) of this AD or email to: <a href="/cdn-cgi/l/email-protection#497064081f1a6408001b647e7a79640804060a092f2828672e263f"><span class="__cf_email__" data-cfemail="6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118">[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, International
Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation ULC
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-2022-56, dated September 26,
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-2023-1992.
(2) For more information about this AD, contact Gabriel D. Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7343; email <a href="/cdn-cgi/l/email-protection#9ea7b3ffe8edb3f0e7fffdf1b3fdf1eddef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="0f36226e797c2261766e6c60226c607c4f696e6e21686079">[email protected]</span></a>.
(3) For MHI RJ service information identified in this AD that is
not incorporated by reference, 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#4b3f232f652839210b772a6b23392e2d76" 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>.
(k) Material Incorporated by Reference
None.
Issued on October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22486 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-13-P
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