[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Rules and Regulations]
[Pages 76405-76407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27019]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 239 / Wednesday, December 14, 2022 / 
Rules and Regulations  

[[Page 76405]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1154; Project Identifier MCAI-2022-00550-T; 
Amendment 39-22250; AD 2022-24-10]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

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 report 
that the pressure switch gauge assembly for the cargo bay fire 
extinguisher container has the potential to display an incorrect 
pressure under certain environmental conditions. This AD requires 
replacing affected high rate of discharge (HRD) and low rate of 
discharge (LRD) pressure switch gauge assemblies for the cargo bay fire 
extinguisher container. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 18, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1154; 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.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
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 mhirj.com">[email protected]mhirj.com; website 
mhirj.com.
     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. It is also available at 
regulations.gov under Docket No. FAA-2022-1154.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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 [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 September 12, 
2022 (87 FR 55735). The NPRM was prompted by AD CF-2022-20, dated April 
19, 2022, issued by Transport Canada, which is the aviation authority 
for Canada (referred to after this as the MCAI). The MCAI states that 
the pressure switch gauge assembly for the cargo bay fire extinguisher 
container has the potential to display an incorrect pressure under 
certain environmental conditions. The supplier attributed the root 
cause of the container pressure display error to the use of a room 
temperature vulcanizing (RTV) silicone. Both the HRD and LRD cargo bay 
fire extinguisher containers are affected. The airplane is intended to 
be operated at temperatures as low as -53.8 [deg]C (-65 [deg]F). 
However, testing has shown that at temperatures below-49.4 [deg]C (-57 
[deg]F), the RTV silicone goes through a glass transition that causes 
locking of the discharge indication microswitch in a closed state 
(showing normal pressure) on 50 percent of the assemblies tested. After 
returning to above -35.0 [deg]C (-31.5 [deg]F) for more than 6 minutes, 
the pressure switch gauge assembly returns to normal operation. If the 
flightcrew does not receive an indication of low pressure and there is 
a fire in the cargo bay, reduced fire extinguisher container capacity 
below the level required to appropriately suppress a cargo fire could 
lead to an uncontrollable fire and loss of the airplane.
    In the NPRM, the FAA proposed to require replacing affected HRD and 
LRD pressure switch gauge assemblies for the cargo bay fire 
extinguisher container.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1154.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International, who supported the NPRM without change.

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 MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, 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

[[Page 76406]]

minor editorial changes, this AD is adopted as proposed in the NPRM. 
None of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    MHI RJ Aviation ULC has issued Service Bulletin 670BA-26-013, dated 
October 8, 2021. This service information describes procedures for 
replacing the HRD and LRD pressure switch gauge assemblies for cargo 
bay fire extinguisher containers part numbers (P/N) 473919-1, P/N 
473920-1, and P/N 474901-1, manufactured prior to March 2020 as 
indicated on the identification plate. 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.

Costs of Compliance

    The FAA estimates that this AD affects 564 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................            $595             $935         $527,340
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this 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

    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:

2022-24-10 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22250; Docket No. FAA-2022-1154; 
Project Identifier MCAI-2022-00550-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 18, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies 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; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Unsafe Condition

    This AD was prompted by a report indicating that the pressure 
switch gauge assembly for the cargo bay fire extinguisher container 
has the potential to display an incorrect pressure under certain 
environmental conditions. The FAA is issuing this AD to address 
instances where the fire extinguisher container capacity is reduced 
below the level required to appropriately suppress a cargo fire, and 
the flightcrew does not receive an indication of low pressure, 
which, in the event of a fire in the cargo bay, could lead to an 
uncontrollable fire and loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement

    Within 10 years after the effective date of this AD: Replace the 
high rate of discharge and low rate of discharge pressure switch 
gauge assemblies for any cargo bay fire extinguisher container 
having part number (P/N) 473919-1, P/N 473920-1, and P/N 474901-1, 
manufactured prior to March 2020 as indicated on the identification 
plate, with a serviceable part number, in accordance with the 
Accomplishment Instructions of MHI RJ Aviation ULC Service Bulletin 
670BA-26-013, dated October 8, 2021.

(h) Parts Installation Prohibition

    As of 10 years after the effective date of this AD, or before 
further flight after the replacement has been done in paragraph (g) 
of this AD, whichever occurs first, no person may install, on any 
airplane, a cargo bay fire extinguisher container having P/N 473919-
1, P/N 473920-1, or P/N 474901-1, manufactured prior to March 2020 
as indicated on the identification plate, unless ``CW SB Fire 
Extinguisher-26-1'' is identified on the identification plate.

(i) No Return of Part Requirement

    Although the Accomplishment Instructions of MHI RJ Aviation ULC 
Service Bulletin 670BA-26-013, dated October 8, 2021, specify to 
return the cargo fire extinguisher containers to the manufacturer, 
this AD does not include that requirement.

[[Page 76407]]

(j) 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 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) For related information, refer to Transport Canada AD CF-
2022-20, dated April 19, 2022. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-1154.
    (2) For more information about this AD, contact Gabriel Kim, 
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 [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) MHI RJ Aviation ULC Service Bulletin 670BA-26-013, dated 
October 8, 2021.
    (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 mhirj.com">[email protected]mhirj.com; 
website mhirj.com.
    (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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 15, 2022.
Ross Landes, Deputy
Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-27019 Filed 12-13-22; 8:45 am]
BILLING CODE 4910-13-P


