[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Proposed Rules]
[Pages 55735-55737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19448]



[[Page 55735]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1154; Project Identifier MCAI-2022-00550-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) 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 proposed 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 proposed AD would 
require 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 proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 27, 
2022.

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.
    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">thd.crj@mhirj.com; internet 
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.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating 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 NPRM, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

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:

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-2022-1154; Project Identifier 
MCAI-2022-00550-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 
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]. 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 Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2022-20, dated April 19, 
2022 (TCCA AD CF-2022-20) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition 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. 
You may examine the MCAI in the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2022-1154.
    This proposed 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. 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% of the assemblies tested. After returning to above -
35.0 [deg]C (-31.5 [deg]F) for more

[[Page 55736]]

than 6 minutes, the pressure switch gauge assembly returns to normal 
operation. The FAA is proposing 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. See the MCAI for additional background information.

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 the 
cargo bay fire extinguisher containers 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.
    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 the 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 AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 564 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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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 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-2022-1154; Project Identifier MCAI-2022-00550-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 27, 2022.

(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 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

[[Page 55737]]

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

    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.

(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; fax 516-794-5531. 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Transport Canada Civil Aviation AD CF-2022-20, dated April 
19, 2022, for related information. This MCAI may be found in the AD 
docket on the internet at regulations.gov by searching for and 
locating 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].
    (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">thd.crj@mhirj.com; 
internet 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.

    Issued on September 2, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19448 Filed 9-9-22; 8:45 am]
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