[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36924-36926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11931]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0422; Project Identifier MCAI-2022-01067-T; 
Amendment 39-22439; AD 2023-10-03]
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-600-2C10 (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 AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective July 11, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 11, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0422; 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">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. It is also available at 
regulations.gov under Docket No. FAA-2023-0422.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer, 
Airframe and Propulsion 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-600-2C10 (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 
March 3, 2023 (88 FR 13385). The NPRM was prompted by AD CF-2022-43, 
dated August 9, 2022, issued by Transport Canada, which is the aviation 
authority for Canada (referred to after this as the MCAI). The MCAI 
states that new airworthiness limitations have been developed.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA is issuing this AD 
to address an unannunciated loss or low quantity of fire extinguishing 
agent in the engine and auxiliary power unit (APU) fire extinguishing 
bottles. This condition, if not corrected, could result in the 
inability to extinguish and suppress an engine or APU fire.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0422.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The 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 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 Task 26-20-00-101, ``Visual Check of the Engine 
Fire Extinguishing bottle pressure gauge'' and Task 26-20-00-102, 
``Visual Check of the APU Fire Extinguishing bottle pressure gauge,'' 
of Section 1, ``Certification Maintenance Requirements,'' Subject 1-26, 
``Fire Protection,'' of the MHI RJ Model CL-600-2C10, CL-600-2C11, CL-
600-2D15, CL-600-2D24, and CL-600-2E25 Series 550/700/705/900/1000 
Airworthiness Limitations, Maintenance Requirements Manual--Part 2, 
Volume 1, CSP B-053, Revision 26, dated March 25, 2022. This service 
information specifies procedures for new airworthiness limitations for 
certification maintenance requirements.
    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 606 airplanes of U.S. 
registry.

[[Page 36925]]

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 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:

2023-10-03 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.):
    Amendment 39-22439; Docket No. FAA-2023-0422; Project Identifier 
MCAI-2022-01067-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 11, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (Type Certificate 
previously held by Bombardier, Inc.) Model 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, 
certificated in any category.

(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 airworthiness limitations are necessary. The FAA is 
issuing this AD to address an unannunciated loss or low quantity of 
fire extinguishing agent in the engine and auxiliary power unit 
(APU) fire extinguishing bottles. The unsafe condition, if not 
corrected, may lead to the inability to extinguish and suppress an 
engine or APU fire.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    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 Task 26-20-00-101, ``Visual 
Check of the Engine Fire Extinguishing bottle pressure gauge'' and 
Task 26-20-00-102, ``Visual Check of the APU Fire Extinguishing 
bottle pressure gauge,'' of Section 1, ``Certification Maintenance 
Requirements,'' Subject 1-26, ``Fire Protection,'' of the MHI RJ 
Model CL-600-2C10, CL-600-2C11, CL-600-2D15, CL-600-2D24, and CL-
600-2E25 Series 550/700/705/900/1000 Airworthiness Limitations, 
Maintenance Requirements Manual (MRM)--Part 2, Volume 1, CSP B-053, 
Revision 26, dated March 25, 2022 (Task 26-20-00-101 and Task 26-20-
00-102 of the MRM--Part 2, Revision 26). The initial compliance time 
for doing the tasks is at the phase-in time specified in Task 26-20-
00-101 and Task 26-20-00-102 of the MRM--Part 2, Revision 26, or 
within 60 days after the effective date of this AD, whichever occurs 
later.

(h) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions or intervals, are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (i)(1) of this AD.

(i) 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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-43, dated August 9, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0422.
    (2) For more information about this AD, contact Joseph 
Catanzaro, Aerospace Engineer, Airframe and Propulsion 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 of

[[Page 36926]]

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) Task 26-20-00-101, ``Visual Check of the Engine Fire 
Extinguishing bottle pressure gauge'' and Task 26-20-00-102, 
``Visual Check of the APU Fire Extinguishing bottle pressure 
gauge,'' of Section 1, ``Certification Maintenance Requirements,'' 
Subject 1-26, ``Fire Protection,'' of the MHI RJ Model CL-600-2C10, 
CL-600-2C11, CL-600-2D15, CL-600-2D24, and CL-600-2E25 Series 550/
700/705/900/1000 Airworthiness Limitations, Maintenance Requirements 
Manual--Part 2, Volume 1, CSP B-053, Revision 26, dated March 25, 
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">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 May 12, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-11931 Filed 6-5-23; 8:45 am]
BILLING CODE 4910-13-P