[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Rules and Regulations]
[Pages 70885-70887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22486]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / 
Rules and Regulations  

[[Page 70885]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1992; Project Identifier MCAI-2023-00414-T; 
Amendment 39-22568; AD 2023-20-09]
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; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
MHI RJ Aviation ULC Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes. This AD was prompted by a determination that a new 
airworthiness limitation is necessary. This AD requires revising the 
existing maintenance or inspection program, as applicable, to establish 
a new life limit for a certain main landing gear (MLG) retract actuator 
piston rod. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective October 30, 2023.
    The FAA must receive comments on this AD by November 27, 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-2023-1992; 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, any comments received, and other 
information. The street address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Gabriel D. Kim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7343; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this final rule. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2023-1992; Project 
Identifier MCAI-2023-00414-T'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
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 this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Gabriel 
D. Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7343; 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-2022-56, dated September 26, 2022 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition on all MHI RJ Aviation ULC (formerly Bombardier Inc.) Model 
CL-600-2E25 (Regional Jet Series 1000) airplanes. The MCAI states MLG 
fatigue testing that was accomplished at the time of aircraft 
certification was not performed in accordance with the Qualification 
Test Plan. According to the MCAI, the pressure impulse testing was 
repeated on the CL600-2E25 MLG retract actuator using the required load 
spectrum, and as a result, a ``safe life limitation'' of 9,300 flight 
cycles was established for piston rod part number (P/N) 55615-1.
    The FAA is issuing this AD to establish a life limit for MLG 
retract actuator piston rod part number 55615-1. Exceeding this life 
limit could result in failure of the MLG retract actuator piston in 
flight, causing an undamped MLG free fall extension, which may result 
in MLG collapse on landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1992.

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 referenced above. The FAA is issuing this AD after 
determining that the unsafe condition described previously is

[[Page 70886]]

likely to exist or develop on other products of the same type design.

Requirements of the Final Rule

    This AD requires revising the existing maintenance or inspection 
program, as applicable, to incorporate a new life limit of 9,300 flight 
cycles for MLG retract actuator piston rod P/N 55615-1.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    The FAA has found that the risk to the flying public justifies 
foregoing notice and comment prior to adoption of this rule because 
there are no airplanes currently on the U.S. registry and thus, it is 
unlikely that the FAA will receive any adverse comments or useful 
information about this AD from U.S. operator. Accordingly, notice and 
opportunity for prior public comment are unnecessary, pursuant to 5 
U.S.C. 553(b)(3)(B).
    In addition, for the foregoing reasons, the FAA finds that good 
cause exists pursuant to 5 U.S.C. 553(d) for making this amendment 
effective in less than 30 days.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no airplanes with this type certificate on the 
U.S. registry. If an affected airplane is imported and placed on the 
U.S. Registry in the future, the FAA provides the following cost 
estimates 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 
FAA 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 
FAA estimates the 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-20-09 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22568; Docket No. FAA-2023-1992; 
Project Identifier MCAI-2023-00414-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 30, 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-600-2E25 (Regional Jet 
Series 1000) airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Reason

    This AD was prompted by a determination that a new airworthiness 
limitation is necessary. The FAA is issuing this AD to establish a 
life limit for main landing gear (MLG) retract actuator piston rod 
part number 55615-1. Exceeding this life limit could result in 
failure of the MLG retract actuator piston in flight, causing an 
undamped MLG free fall extension. The unsafe condition, if not 
addressed, could result in MLG collapse on landing.

(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 
establish a life limit of 9,300 flight cycles for the MLG retract 
actuator piston rod (part of MLG retract actuator 55600), part 
number 55615-1. The initial compliance time for removing the part 
from service is at the applicable time specified in paragraphs 
(g)(1) through (3) of this AD.
    Note 1 to paragraph (g): The life limit in paragraph (g) of this 
AD can be found in Airworthiness Limitation (ALI) Task Number 32-32-
05-709 for Configuration B, ``Piston Rod, MLG Retract Actuator (part 
of MLG Retract Actuator 55600)'' of MHI RJ CRJ700/900/1000 Temporary 
Revision ALI-0763, dated April 14, 2022 (TR ALI-0763), which 
specifies an effective date of April 14, 2022.
    (1) For a MLG retract actuator piston rod that has accumulated 
fewer than 4,300 total flight cycles as of April 14, 2022 (phase-in 
Effective Date of TR ALI-0763): Before accumulating 9,300 total 
flight cycles.
    (2) For a MLG retract actuator piston rod that has accumulated 
4,300 total flight cycles

[[Page 70887]]

or more and 18,000 total flight cycles or fewer as of April 14, 2022 
(phase-in Effective Date of TR ALI-0763): Within 5,000 flight cycles 
from April 14, 2022, or before exceeding 20,000 total flight cycles, 
whichever occurs first.
    (3) For a MLG retract actuator piston rod that has accumulated 
more than 18,000 total flight cycles as of April 14, 2022 (phase-in 
Effective Date of TR ALI-0763): Within 2,000 flight cycles from 
April 14, 2022.

(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 they are 
approved as an alternative method of compliance in accordance with 
paragraph (i)(1) of this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j)(3) 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, International 
Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation ULC 
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-2022-56, dated September 26, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1992.
    (2) For more information about this AD, contact Gabriel D. Kim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7343; email [email protected].
    (3) For MHI RJ service information identified in this AD that is 
not incorporated by reference, 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.

(k) Material Incorporated by Reference

    None.

    Issued on October 4, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22486 Filed 10-12-23; 8:45 am]
BILLING CODE 4910-13-P