[Federal Register Volume 88, Number 92 (Friday, May 12, 2023)]
[Proposed Rules]
[Pages 30685-30687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1040; Project Identifier MCAI-2022-01512-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-600-2C10 (Regional Jet Series 700, 
701 & 702), 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 manufacturing quality 
escape concerning the installation of the Halon metering device on 
certain cargo fire extinguisher containers. This proposed AD would 
require the inspection of cargo fire extinguisher container serial 
numbers and the replacement of the affected containers. This proposed 
AD would also limit the installation of affected parts. 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 June 26, 
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 regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 regulations.gov under 
Docket No. FAA-2023-1040; 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:
     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 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.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, 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:

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-2023-1040; Project Identifier 
MCAI-2022-01512-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 
regulations.gov, 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 
Chirayu Gupta, 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]. 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 AD CF-2022-66, dated December 8, 2022 (also referred to after 
this as the MCAI), to correct an unsafe condition on all MHI RJ 
Aviation ULC Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), 
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

[[Page 30686]]

states that during assembly of the Halon metering device, the discharge 
head was not fully seated on cargo fire extinguisher containers having 
certain serial numbers. The threads in the discharge neck were not re-
tapped after the discharge disc was welded resulting in an undersized 
thread, which prevented the Halon metering device from being fully 
seated. This will result in an increased Halon mass flow rate through 
the metering device during discharge, which could reduce the duration 
of the Halon flow. This condition, if not corrected, when combined with 
a cargo fire, could lead to a reduction in the fire extinguishing 
capabilities of the fire protection system.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1040.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHIRJ Service Bulletin 670BA-26-014, dated July 
28, 2022. This service information specifies procedures for an 
inspection for the serial numbers of the high rate of discharge (HRD) 
and low rate of discharge (LRD) cargo fire extinguisher containers and 
the replacement of affected cargo fire extinguisher containers.
    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.

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 
described above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also limit the installation of affected parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 597 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 1 work-hour x $85 per hour = $85..              $0  Up to $85.................  Up to $50,745.
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                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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3 work-hours x $85 per hour = $255....              $0             $255
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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

    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-2023-1040; Project Identifier MCAI-2022-01512-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 26, 2023.

(b) Affected ADs

    None.

[[Page 30687]]

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (type certificate 
previously held by Bombardier Inc.) 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 26, Fire 
Protection.

(e) Unsafe Condition

    This AD was prompted by a manufacturing quality escape 
concerning the installation of the Halon metering device on certain 
cargo fire extinguisher containers. The FAA is issuing this AD to 
address an increased Halon mass flow rate through the metering 
device during discharge, which could reduce the duration of the 
Halon flow. The unsafe condition, if not addressed, when combined 
with a cargo fire, could lead to a reduction in the fire 
extinguishing and suppression capabilities of the fire protection 
system.

(f) Compliance

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

(g) Inspection and Replacement

    Within 1,000 flight hours or 6 months, whichever occurs first 
from the effective date of this AD, inspect the serial numbers of 
the high rate of discharge (HRD) and low rate of discharge (LRD) 
cargo fire extinguisher containers in accordance with Section 2.B. 
of the Accomplishment Instructions of MHIRJ Service Bulletin 670BA-
26-014, dated July 28, 2022. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the serial 
number of the HRD and LRD cargo fire extinguisher containers can be 
conclusively determined from that review.
    (1) If neither of the HRD or the LRD container serial numbers is 
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ 
Service Bulletin 670BA-26-014, dated July 28, 2022, no further work 
is required by this paragraph.
    (2) If the serial numbers of both the HRD and LRD containers are 
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ 
Service Bulletin 670BA-26-014, dated July 28, 2022: Within 4,500 
flight hours from the effective date of this AD, replace the HRD and 
LRD cargo fire extinguisher containers in accordance with Section 
2.B. of the Accomplishment Instructions of the MHIRJ Service 
Bulletin 670BA-26-014, dated July 28, 2022.
    (3) If the serial number of either the HRD or the LRD container, 
but not both, is listed in Section 2.B. of the Accomplishment 
Instructions of MHIRJ Service Bulletin 670BA-26-014, dated July 28, 
2022: Within 8,800 flight hours from the effective date of this AD, 
replace the affected HRD or LRD cargo fire extinguisher container in 
accordance with Section 2.B. of the Accomplishment Instructions of 
MHIRJ Service Bulletin 670BA-26-014, dated July 28, 2022.

(h) Parts Installation Limitation

    As of the effective date of this AD, it is prohibited to install 
an HRD or LRD cargo fire extinguisher container with a serial number 
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ 
Service Bulletin 670BA-26-014, dated July 28, 2022, unless the cargo 
fire extinguisher container is ink-stamped with a circled ``G'' 
adjacent to the nameplate, signifying the incorporation of Kidde 
Service Bulletin Fire Extinguisher-26-A dated April 4, 2022.

(i) 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 New York ACO 
Branch, mail it to ATTN: Program Manager, Continuing Operational 
Safety, at the address identified in paragraph (j)(2) of this AD or 
email to: [email protected]. 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, 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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-66, dated December 8, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1040.
    (2) For more information about this AD, contact Chirayu Gupta, 
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].

(k) 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 as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) MHIRJ Service Bulletin 670BA-26-014, dated July 28, 2022.
    (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 May 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-10203 Filed 5-11-23; 8:45 am]
BILLING CODE 4910-13-P


