[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Pages 32625-32628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10787]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0167; Project Identifier MCAI-2022-00762-T; 
Amendment 39-22425; AD 2023-09-02]
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-600-2B19 (Regional Jet Series 100 & 440); 
CL-600-2C10 (Regional Jet Series 700, 701, &

[[Page 32626]]

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

DATES: This AD is effective June 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 26, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0167; 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-2023-0167.

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-600-2B19 (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 
NPRM published in the Federal Register on February 16, 2023 (88 FR 
10060). The NPRM was prompted by AD CF-2022-32, dated June 13, 2022, 
issued by Transport Canada, which is the aviation authority for Canada 
(referred to after this as the MCAI). The MCAI states that it was 
discovered that the 10-year (120-month) periodic hydrostatic tests of 
the engine and auxiliary power unit (APU) fire extinguishing bottles on 
Model CL-600-2B19 airplanes and of the engine, APU, and cargo 
compartment fire extinguishing bottles for Model CL-600-2C10, CL-600-
2C11, CL-600-2D15, CL-600-2D24, and CL-600-2E25 airplanes were not 
performed. This could mean that the functional test of the pressure 
switch, which should be performed as part of the hydrostatic tests, may 
have been omitted on several airplanes in service. Failure to perform 
the pressure switch test and the 10-year overhaul or restoration of the 
FIREX bottles could result in a dormant loss of fire extinguishing 
capability.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive AMM and CMR tasks. The FAA is issuing this AD to 
address undetected loss of fire extinguishing capability for the 
engine, APU, or cargo compartment. The unsafe condition, if not 
addressed, could result in an inability to put out a fire in the 
engine, APU, or cargo compartment area.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0167.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) 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 
comment 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 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

    The FAA reviewed Bombardier Temporary Revisions 2A-73 and 2A-74, 
both dated June 5, 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 1,114 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

[[Page 32627]]

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:

2023-09-02 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22425; Docket No. FAA-2023-0167; 
Project Identifier MCAI-2022-00762-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 26, 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 undetected loss of fire 
extinguishing capability for the engine, APU, or cargo compartment. 
The unsafe condition, if not addressed, could result in an inability 
to put out a fire in the engine, APU, or cargo compartment area.

(f) Compliance

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

(g) Existing Maintenance or Inspection Program Revision for Model CL-
600-2B19 Airplanes

    For Model CL-600-2B19 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 Revisions 2A-73 and 2A-74, both 
dated June 5, 2020. The initial compliance time for doing the tasks 
is at the applicable times specified in Bombardier Temporary 
Revisions 2A-73 and 2A-74, both dated June 5, 2020, or within 60 
days after the effective date of this AD, whichever occurs later.

(h) Existing Maintenance or Inspection Program Revision for Other Model 
Airplanes

    For airplanes identified in paragraphs (c)(2) through (6) of 
this AD:
    (1) 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)(1) of this AD. The initial compliance time for doing the task is 
at the applicable time specified in paragraph (h)(1)(i) or (ii) of 
this AD.
    (i) If a restoration (previously called a hydrostatic test) of 
any cargo compartment fire extinguisher bottle was accomplished on 
or before June 5, 2014, do the applicable maintenance task on that 
bottle within 48 months after the effective date of this AD.
    (ii) If a restoration (previously called a hydrostatic test) of 
any cargo compartment fire extinguisher bottle was accomplished 
after June 5, 2014, do the applicable maintenance task on that 
bottle within 10 years after the most recent restoration was 
accomplished.

Figure 1 to paragraph (h)(1)--AMM task for the cargo fire 
extinguisher bottle
[GRAPHIC] [TIFF OMITTED] TR22MY23.002

    (2) 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 2 to paragraph 
(h)(2) of this AD. The initial compliance time for doing the task is 
at the applicable time specified in paragraph (h)(2)(i) or (ii) of 
this AD.
    (i) If a restoration (previously called a hydrostatic test) of 
any engine or auxiliary power unit (APU) fire extinguisher bottle 
was accomplished on or before June 5, 2014, do the applicable 
maintenance task on that bottle within 48 months after the effective 
date of this AD.
    (ii) If a restoration (previously called a hydrostatic test) of 
any engine or APU fire extinguisher bottle was accomplished after 
June 5, 2014, do the applicable maintenance task on that bottle 
within 10 years after the most recent restoration was accomplished.

[[Page 32628]]

Figure 2 to paragraph (h)(2)--AMM tasks for the engine and APU fire 
extinguisher bottles
[GRAPHIC] [TIFF OMITTED] TR22MY23.003

(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraphs (g) and (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-2022-32, dated June 13, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0167.
    (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) Bombardier Temporary Revision 2A-73, dated June 5, 2020.
    (ii) Bombardier Temporary Revision 2A-74, dated June 5, 2020.
    (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 April 28, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10787 Filed 5-19-23; 8:45 am]
BILLING CODE 4910-13-P


