[Federal Register Volume 88, Number 57 (Friday, March 24, 2023)]
[Rules and Regulations]
[Pages 17682-17685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05705]


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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; 
Amendment 39-22392; AD 2023-06-06]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) 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. This AD was prompted by a 
determination that new and more restrictive airworthiness limitations 
are necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate two aircraft 
maintenance manual (AMM) tasks. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective April 28, 2023.

ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov 
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 this final rule, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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 [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (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 (TCCA AD CF-2021-38), issued by Transport Canada, which is the 
aviation authority for Canada. TCCA AD CF-2021-38 states that a report 
was received of the 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.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
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 SNPRM published in the Federal Register 
on January 13, 2023 (88 FR 2279). The SNPRM was prompted by a 
determination that the existing maintenance or inspection program, as 
applicable, must be revised 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 (TCCA AD 
CF-2021-38R1). In the SNPRM, the FAA proposed to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate two 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

[[Page 17683]]

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).
    You may examine TCCA AD CF-2021-38 and TCCA AD CF-2021-38R1 in the 
AD docket at regulations.gov under Docket No. FAA-2022-0679.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the SNPRM or on the determination 
of the cost to the public.

Conclusion

    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 TCCA AD 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the SNPRM. None of the changes will increase the economic burden on any 
operator.

Costs of Compliance

    The FAA estimates that this AD affects 1,158 airplanes of U.S. 
registry. The FAA estimates the following costs 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 
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

    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:

2023-06-06 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22392; Docket No. FAA-2022-0679; 
Project Identifier MCAI-2021-01213-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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 maintenance 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 the 
introductory text of 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.

Figure 1 to the introductory text of paragraph (g)(1)--AMM Task for 
the Ram-Air Valve

[[Page 17684]]

[GRAPHIC] [TIFF OMITTED] TR24MR23.000

    (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 the 
introductory text of 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.

Figure 2 to the introductory text of paragraph (g)(2)--AMM Task for 
the Pack Discharge and Ram-Air Supply Ducts
[GRAPHIC] [TIFF OMITTED] TR24MR23.001

    (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

[[Page 17685]]

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 regulations.gov 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 [email protected].

(k) Material Incorporated by Reference

    None.

    Issued on March 15, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-05705 Filed 3-23-23; 8:45 am]
BILLING CODE 4910-13-P


