[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Proposed Rules]
[Pages 46118-46121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15248]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1496; Project Identifier MCAI-2022-01059-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-600-2B19 (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. This proposed AD was prompted by a 
determination that aircraft maintenance manual (AMM) tasks and 
certification maintenance requirement (CMR) tasks are necessary. This 
proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive AMM and CMR tasks. 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 September 
5, 2023.

[[Page 46119]]


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-2023-1496; 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: Elizabeth Dowling, Aviation Safety 
Engineer, FAA, 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-2023-1496; Project Identifier 
MCAI-2022-01059-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 
Elizabeth Dowling, Aviation Safety Engineer, FAA, 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 Transport Canada AD CF-2022-42, dated August 8, 2022, (Transport 
Canada AD CF-2022-42) (also referred to after this as the MCAI), to 
correct an unsafe condition for 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 MCAI states that 
operators have reported frequent flight interruptions and high lavatory 
smoke detector removal rates due to the frequent testing of the smoke 
detector self-test switch by the flight crew using unsuitable objects. 
The MCAI also stated there is a potential dormant failure of the 
lavatory smoke detector if the self-test switch check is not performed 
in accordance with revised procedures.
    The FAA is proposing this AD to address a potential dormant failure 
of the lavatory smoke detector if the self-test switch check is not 
performed in accordance with revised AMM or CMR tasks. If these 
maintenance task changes are not implemented, and in combination with a 
fire in the lavatory, this may lead to a delay in the reaction time to 
address smoke/fire in the lavatory. You may examine the MCAI in the AD 
docket at regulations.gov under Docket No. FAA-2023-1496.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Temporary Revision 2A-75, dated May 28, 
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 ADDRESSES.

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, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive AMM and CMR tasks.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(j)(1) of this proposed AD.

[[Page 46120]]

Differences Between This AD and the MCAI or Service Information

    Transport Canada AD CF-2022-42 introduces a new candidate 
certification maintenance requirement (CCMR) interval that the FAA 
cannot mandate as a CCMR as specified in the MCAI. Therefore, the FAA 
proposes to mandate two AMM tasks as specified in Figure 1 to paragraph 
(h) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,024 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed 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

    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-2023-1496; Project Identifier MCAI-2022-01059-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 5, 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 a potential dormant failure of the 
lavatory smoke detector if the self-test switch check is not 
performed in accordance with the revised AMM or CMR tasks. If these 
maintenance task changes are not implemented, and in combination 
with a fire in the lavatory, this may lead to a delay in the 
reaction time to address smoke/fire in the lavatory.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision for Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes

    For Model CL-600-2B19 (Regional Jet Series 100 & 440) 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 
Revision 2A-75, dated May 28, 2020. The initial compliance time for 
doing the task is within 12 months after the effective date of this 
AD.

(h) Maintenance or Inspection Program Revision for Other Airplanes

    For airplanes identified in paragraphs (c)(2) through (6) of 
this AD: 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) 
of this AD. The initial compliance time for doing the tasks is 
within 12 months after the effective date of this AD.

Figure 1 to Paragraph (h)--AMM Task for an Operational Check of the 
Lavatory Smoke Detector (Forward and Aft)
[GRAPHIC] [TIFF OMITTED] TP19JY23.199


[[Page 46121]]



(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) or (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-2022-42, dated August 8, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1496.
    (2) For more information about this AD, contact Elizabeth 
Dowling, Aviation Safety Engineer, FAA, 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 (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 to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Temporary Revision 2A-75, dated May 28, 2020.
    (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 July 13, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15248 Filed 7-18-23; 8:45 am]
BILLING CODE 4910-13-P


