[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Proposed Rules]
[Pages 69210-69214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25117]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1474; Project Identifier MCAI-2022-00888-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 certain 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 reports from 
the supplier that sensing elements of the bleed air leak detection 
system were manufactured with insufficient salt fill, which can result 
in an inability to detect hot bleed air leaks. This proposed AD would 
require testing of all affected overheat detection sensing elements of 
the bleed air leak detection system, and replacement if necessary. This 
proposed AD would also prohibit 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 January 3, 
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.

[[Page 69211]]

     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-2022-1474; 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">thd.crj@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: Thomas Niczky, Aerospace Engineer, 
Avionics & Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
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-2022-1474; Project Identifier 
MCAI-2022-00888-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 
Thomas Niczky, Aerospace Engineer, Avionics & Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; 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-2022-16R1, dated July 5, 
2022 (TCCA AD CF-2022-16R1) (also referred to after this as the MCAI), 
to correct an unsafe condition on 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 MHI RJ Aviation ULC 
received reports from the supplier of the overheat detection sensing 
elements of a manufacturing quality escape. Some of the sensing 
elements of the bleed air leak detection system were manufactured with 
insufficient salt fill, which can result in an inability to detect hot 
bleed air leaks and cause damage to surrounding structures and systems 
that can prevent continued safe flight and landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1474.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed MHI RJ Service Bulletin 601R-36-021, Revision D, 
dated May 25, 2022; including Appendix A, Revision B, dated March 14, 
2022; and MHI RJ Service Bulletin 670BA-36-025, Revision C, dated May 
25, 2022; including Appendix A, Revision B, dated Mar 14, 2022; 
Appendix B, dated October 21, 2021; and Appendix C, dated March 14, 
2022. This service information specifies procedures for testing 
affected bleed air leak detection system sensing elements (i.e., those 
marked with a date code before ``A2105'' (which corresponds to January 
31, 2021), with a part number defined in this service information) to 
determine if they are serviceable, and replacing failed sensing 
elements with serviceable ones. This service information also allows 
deferring the replacement of an affected part under certain conditions 
and allows operating the airplane with certain deactivated defective 
sensing elements. These documents are distinct since they apply to 
different airplane models. 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 
and service information 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 prohibit the installation of affected parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 1,126 airplanes of U.S. registry. The FAA estimates the 
following costs to comply with this proposed AD:

[[Page 69212]]



                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                 Model                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Model CL-600-2B19 (526 airplanes).....  29 work hours x $85 per               $0          $2,465      $1,296,590
                                         hour = $2,465.
Model CL-600-2C10 and CL-600-2C11, CL-  82 work hours x $85 per                0           6,970       4,182,000
 600-2D15 and CL-600-2D24, and CL-600-   hour = $6,970.
 2E25 (600 airplanes).
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
     Model/serial No. (S/Ns)            Labor cost                Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
CL-600-2B19, S/Ns 7002-7323......  Up to 26 work-hours   Up to $113,200.............  Up to $115,410.
                                    x $85 per hour =
                                    $2,210.
CL-600-2B19, S/Ns 7324-8113......  Up to 24 work-hours   Up to $100,598.............  Up to $102,638.
                                    x $85 per hour =
                                    $2,040.
CL-600-2C10 and CL-600-2C11, S/Ns  Up to 54 work-hours   Up to $70,758..............  Up to $75,348.
 10002-10347.                       x $85 per hour =
                                    $4,590.
CL-600-2D15 and CL-600-2D24, S/Ns  Up to 58 work-hours   Up to $74,598..............  Up to $79,528.
 15001-15494.                       x $85 per hour =
                                    $4,930.
CL-600-2E25, S/Ns 19001-19064....  Up to 62 work-hours   Up to $81,478..............  Up to $86,748.
                                    x $85 per hour =
                                    $5,270.
----------------------------------------------------------------------------------------------------------------

    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-2022-1474; Project Identifier MCAI-2022-00888-
T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC airplanes, certificated 
in any category, and identified in paragraphs (c)(1) through (4) of 
this AD.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes, 
serial numbers 7002 through 7990 inclusive, and 8000 through 8113 
inclusive.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and 
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers 
10002 through 10347 inclusive.
    (3) Model CL-600-2D15 (Regional Jet Series 705) and Model CL-
600-2D24 (Regional Jet Series 900) airplanes, serial numbers 15001 
through 15494 inclusive.
    (4) Model CL-600-2E25 (Regional Jet Series 1000), serial numbers 
19001 through 19064 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by reports that sensing elements of the 
bleed air leak detection system were manufactured with insufficient 
salt fill. The FAA is issuing this AD to address insufficient salt 
fill, which can result in an inability to detect hot bleed air 
leaks, which can cause damage to surrounding structures and systems 
that can prevent continued safe flight and landing.

[[Page 69213]]

(f) Compliance

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

(g) Definitions

    For the purposes of this AD, the definitions specified in 
paragraphs (g)(1) through (4) apply.
    (1) Group 1 airplanes: The airplanes identified in paragraph 
(c)(1) of this AD.
    (2) Group 2 airplanes: The airplanes identified in paragraphs 
(c)(2) through (4) of this AD.
    (3) Affected part: A sensing element marked with a date code 
before A2105 and having a part number as defined in Section 1, 
Paragraph G(1), of MHI RJ Service Bulletin 601R-36-021, Revision D, 
dated May 25, 2022, for Group 1 airplanes, and in Appendix B, dated 
October 21, 2021, of MHI RJ Service Bulletin 670BA-36-025, Revision 
C, dated May 25, 2022, for Group 2 airplanes, unless the sensing 
element has been tested and found to be serviceable in accordance 
with paragraphs (g)(3)(i) and (ii) or paragraph (h) of this AD.
    (i) Has been tested in accordance with Section 3 of the 
Accomplishment Instructions of Kidde Aerospace and Defense Service 
Bulletin CFD-26-5 and found to be serviceable; and
    (ii) Has been marked on one face of its connector hex nut and is 
packaged in accordance with Section 3.C. of the Accomplishment 
Instructions--Identification Procedure of the Kidde Aerospace and 
Defense Service Bulletin CFD-26-5.
    (4) Serviceable part: A sensing element that is not an affected 
part.

(h) Testing

    Perform a test of the bleed air leak detection system sensing 
elements to determine if they are serviceable, in accordance with 
Section 2, Part A through Part F, of the Accomplishment Instructions 
of MHI RJ Service Bulletin 601R-36-021, Revision D, dated May 25, 
2022, for Group 1 airplanes; and Section 2, Part A through Part M, 
of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-
36-025, Revision C, dated May 25, 2022, for Group 2 airplanes; 
within the applicable compliance time indicated in figure 1 to 
paragraph (h) of this AD.

Figure 1 to Paragraph (h)--Compliance Time
[GRAPHIC] [TIFF OMITTED] TP18NO22.708

(i) Replacement

    (1) For Group 1 airplanes: If any sensing element is found not 
serviceable during the tests required by paragraph (h) of this AD, 
before further flight, replace the sensing element with a 
serviceable part in accordance with Section 2, Part A through Part 
F, as applicable, of the Accomplishment Instructions of MHI RJ 
Service Bulletin 601R-36-021, Revision D, dated May 25, 2022.
    (2) For Group 2 airplanes: If any sensing element is found not 
serviceable during the tests required by paragraph (h) of this AD, 
before further flight, unless deferred in accordance with paragraph 
(j) of this AD, replace the sensing element with a serviceable part 
in accordance with Section 2, Part A through Part M, as applicable, 
of the Accomplishment Instructions of MHI RJ Service Bulletin 670BA-
36-025, Revision C, dated May 25, 2022.

(j) Deferred Replacement for Group 2 Airplanes

    The replacement of an affected part with a serviceable part for 
Group 2 airplanes, as required by paragraph (i)(2) of this AD, may 
be deferred up to a maximum of 10 days under the conditions 
specified in paragraphs (j)(1) or (2) of this AD.
    (1) A single bleed air leak detection loop (loop A or loop B) 
sensing element for a given Part (Part A through Part M of MHI RJ 
Service Bulletin 670BA-36-025, Revision C, dated May 25, 2022) is 
found not serviceable, provided that the conditions specified in 
paragraphs (j)(1)(i) through (iv) of this AD have been satisfied.
    (i) The remaining operative bleed air leak detection loop (loop 
A or loop B) sensing elements have been tested and found to be 
serviceable in accordance with paragraph (h) of this AD.
    (ii) The applicable maintenance procedures of Appendix C, dated 
March 14, 2022, of MHI RJ Service Bulletin 670BA-36-025, Revision C, 
dated May 25, 2022, to deactivate the defective sensing element are 
accomplished prior to operation of the airplane with the defective 
sensing element inoperative.
    (iii) A placard has been installed on the BLEED AIR control 
panel in accordance with Section 2, Part A through Part M, as 
applicable, of the Accomplishment Instructions of MHI RJ Service 
Bulletin 670BA-36-025, Revision C, dated May 25, 2022.
    (iv) All flightcrew have been advised that the airplane is 
dispatched with one out of two bleed air leak detection loops 
inoperative.

[[Page 69214]]

    (2) Both bleed air leak detection loop A and loop B sensing 
elements for a given part (Part A through Part M of MHI RJ Service 
Bulletin 670BA-36-025, Revision C, dated May 25, 2022) are found not 
serviceable, provided that the conditions specified in paragraphs 
(j)(2)(i) through (iv) of this AD have been satisfied.
    (i) The applicable maintenance procedures of Appendix C, dated 
March 14, 2022, of MHI RJ Service Bulletin 670BA-36-025, Revision C, 
dated May 25, 2022, to deactivate the defective sensing elements are 
accomplished prior to operation of the airplane with the defective 
sensing elements inoperative.
    (ii) The applicable instructions and limitations of the 
operator's existing FAA-approved Minimum Equipment List (MEL) item 
36-21-06, sub-item 1, 2, or 3, as applicable, in accordance with 
Section 2, Part A through Part M, of the Accomplishment Instructions 
of MHI RJ Service Bulletin 670BA-36-025, Revision C, dated May 25, 
2022, are accomplished prior to operation of the airplane with the 
defective sensing elements inoperative.
    (iii) A placard has been installed on the BLEED AIR control 
panel in accordance with Section 2, Part A through Part M, as 
applicable, of the Accomplishment Instructions of MHI RJ Service 
Bulletin 670BA-36-025, Revision C, dated May 25, 2022.
    (iv) All flightcrew have been advised that the airplane is 
dispatched with both bleed air leak detection loops inoperative.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part on any airplane.

(l) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (h), (i), and (j) of this AD, if those actions were 
performed before the effective date of this AD using the service 
information specified in paragraphs (l)(1) and (2) of this AD. For 
performing the actions specified in the service information for the 
Group 1 airplanes: If the sensing element was found not serviceable, 
replacement is required before further flight; deferred replacement 
of an affected part is prohibited. For performing the actions 
specified in the service information for the Group 2 airplanes: If 
the sensing element was found not serviceable, deferred replacement 
of the affected part is acceptable, as specified in paragraph (j) of 
this AD.
    (1) For Group 1 airplanes:
    (i) MHI RJ Service Bulletin 601R-36-021, dated July 5, 2021.
    (ii) MHI RJ Service Bulletin 601R-36-021, Revision A, dated 
October 21, 2021.
    (iii) MHI RJ Service Bulletin 601R-36-021, Revision B, dated 
December 2, 2021.
    (iv) MHI RJ Service Bulletin 601R-36-021, Revision C, dated 
March 14, 2022.
    (2) For Group 2 airplanes:
    (i) MHI RJ Service Bulletin 670BA-36-025, dated July 5, 2021.
    (ii) MHI RJ Service Bulletin 670BA-36-025, Revision A, dated 
October 21, 2021.
    (iii) MHI RJ Service Bulletin 670BA-36-025, Revision B, dated 
March 14, 2022.

(m) 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 (n)(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 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.

(n) Additional Information

    (1) Refer to Transport Canada Civil Aviation (TCCA) AD CF-2022-
16R1, dated July 5, 2022, for related information. This TCCA AD may 
be found in the AD docket at regulations.gov under Docket No. FAA-
2022-1474.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics & Electrical Systems Section, FAA, New 
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7347; email [email protected].

(o) 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) MHI RJ Service Bulletin 601R-36-021, Revision D, dated May 
25, 2022.
    (ii) MHI RJ Service Bulletin 670BA-36-025, Revision C, dated May 
25, 2022.
    (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; 
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 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25117 Filed 11-17-22; 8:45 am]
BILLING CODE 4910-13-P