[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69020-69023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22082]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1040; Project Identifier MCAI-2022-01512-T; 
Amendment 39-22558; AD 2023-19-08]
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 
manufacturing quality escape concerning the installation of the Halon 
metering device on certain cargo fire extinguisher containers. This AD 
requires the inspection of cargo fire extinguisher container serial 
numbers and the replacement of the affected containers. This AD would 
also limit the installation of affected parts. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 9, 
2023.

ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov 
under Docket No. FAA-2023-1040; 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:
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#45312d216b26372f057924652d37202378" http: mhirj.com">mhirj.com</a>">thd.crj@mhirj.com</a>; website 
mhirj.com.
    <bullet> 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-2023-1040.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 
516-228-7300; email: <a href="/cdn-cgi/l/email-protection#7c45511d0a0f5112051d1f13511f130f3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="ead3c78b9c99c784938b8985c7898599aa8c8b8bc48d859c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 69021]]

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 
May 12, 2023 (88 FR 30685). The NPRM was prompted by AD CF-2022-66, 
dated December 8, 2022, issued by Transport Canada, which is the 
aviation authority for Canada (referred to after this as the MCAI). The 
MCAI states that during assembly of the Halon metering device, the 
discharge head was not fully seated on cargo fire extinguisher 
containers having certain serial numbers. The threads in the discharge 
neck were not re-tapped after the discharge disc was welded resulting 
in an undersized thread, which prevented the Halon metering device from 
being fully seated. This will result in an increased Halon mass flow 
rate through the metering device during discharge, which could reduce 
the duration of the Halon flow.
    In the NPRM, the FAA proposed to require the inspection of cargo 
fire extinguisher container serial numbers and the replacement of the 
affected containers, and to limit the installation of affected parts. 
The FAA is issuing this AD to address an increased Halon mass flow rate 
through the metering device during discharge, which could reduce the 
duration of the Halon flow. The unsafe condition, if not addressed, 
when combined with a cargo fire, could lead to a reduction in the fire 
extinguishing and suppression capabilities of the fire protection 
system.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1040.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received an additional comment from MHI RJ Aviation ULC. 
The following presents the comment received on the NPRM and the FAA's 
response.

Request for Latest Service Bulletin Revision

    MHI RJ Aviation ULC stated paragraphs (g), (h), and (k)(2)(i) of 
the proposed AD refer to MHIRJ Service Bulletin 670BA-26-014, dated 
July 28, 2022. The commenter explained that the current revision is at 
Revision A, dated December 23, 2022, and has been accepted by Transport 
Canada Continuing Airworthiness. The commenter requested that a credit 
statement for the initial issue be added to the proposed AD.
    The commenter added that paragraph (h) of the proposed AD is 
referring to Collins Service Bulletin Fire Extinguisher-26-A, dated 
April 4, 2022. The commenter explained that the current revision is at 
Revision 1, dated June 16, 2022. The commenter noted that since the 
latest revision of the Collins service bulletin is also referenced in 
MHIRJ Service Bulletin 670BA-26-014, Revision A, dated December 23, 
2022, Collins Service Bulletin Fire Extinguisher-26-A, Revision 1, 
dated June 16, 2022, should be referenced in paragraph (h) of the 
proposed AD.
    The FAA partially agrees with the request. The FAA agrees that 
MHIRJ Service Bulletin 670BA-26-014, Revision A, dated December 23, 
2022, as the above-mentioned commentor noted, is the current revision 
and should be referenced in this AD. The FAA has revised paragraphs 
(g), (h), and (k)(2)(i) of this AD to add the latest service 
information revision as an acceptable method of compliance. 
Accordingly, the FAA disagrees that a credit paragraph is necessary.

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, considered the 
comments received, 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, and any other changes described previously, 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 MHIRJ Service Bulletin 670BA-26-014, dated July 
28, 2022, and Revision A, dated December 23, 2022. This service 
information specifies procedures for an inspection for the serial 
numbers of the high rate of discharge (HRD) and low rate of discharge 
(LRD) cargo fire extinguisher containers and the replacement of 
affected cargo fire extinguisher containers. These documents are 
distinct because MHIRJ Service Bulletin 670BA-26-014, Revision A, dated 
December 23, 2022, added an alternative method to find the serial 
numbers.
    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 will affect 597 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                  Parts cost         Cost per product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 1 work-hour x $85 per hour =                 $0   Up to $85................  Up to $50,745.
 $85.
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                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....              $0             $255
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[[Page 69022]]

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this 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

    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:

2023-19-08 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22558; Docket No. FAA-2023-1040; 
Project Identifier MCAI-2022-01512-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (type certificate 
previously held by Bombardier Inc.) airplanes, certificated in any 
category, identified in paragraphs (c)(1) through (5) of this AD.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) 
airplanes.
    (2) Model CL-600-2C11 (Regional Jet Series 550) airplanes.
    (3) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (4) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (5) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Unsafe Condition

    This AD was prompted by a manufacturing quality escape 
concerning the installation of the Halon metering device on certain 
cargo fire extinguisher containers. The FAA is issuing this AD to 
address an increased Halon mass flow rate through the metering 
device during discharge, which could reduce the duration of the 
Halon flow. The unsafe condition, if not addressed, when combined 
with a cargo fire, could lead to a reduction in the fire 
extinguishing and suppression capabilities of the fire protection 
system.

(f) Compliance

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

(g) Inspection and Replacement

    Within 1,000 flight hours or 6 months, whichever occurs first 
from the effective date of this AD, inspect the serial numbers of 
the high rate of discharge (HRD) and low rate of discharge (LRD) 
cargo fire extinguisher containers in accordance with Section 2.B. 
of the Accomplishment Instructions of MHIRJ Service Bulletin 670BA-
26-014, dated July 28, 2022, or Revision A, dated December 23, 2022. 
A review of airplane maintenance or equipment records is acceptable 
in lieu of this inspection if the serial number of the HRD and LRD 
cargo fire extinguisher containers can be conclusively determined 
from that review.
    (1) If neither of the HRD or the LRD container serial numbers is 
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ 
Service Bulletin 670BA-26-014, dated July 28, 2022, or Revision A, 
dated December 23, 2022, no further work is required by this 
paragraph.
    (2) If the serial numbers of both the HRD and LRD containers are 
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ 
Service Bulletin 670BA-26-014, dated July 28, 2022, or Revision A, 
dated December 23, 2022: Within 4,500 flight hours from the 
effective date of this AD, replace the HRD and LRD cargo fire 
extinguisher containers in accordance with Section 2.B. of the 
Accomplishment Instructions of the MHIRJ Service Bulletin 670BA-26-
014, dated July 28, 2022, or Revision A, dated December 23, 2022.
    (3) If the serial number of either the HRD or the LRD container, 
but not both, is listed in Section 2.B. of the Accomplishment 
Instructions of MHIRJ Service Bulletin 670BA-26-014, July 28, 2022, 
or Revision A, dated December 23, 2022: Within 8,800 flight hours 
from the effective date of this AD, replace the affected HRD or LRD 
cargo fire extinguisher container in accordance with Section 2.B. of 
the Accomplishment Instructions of MHIRJ Service Bulletin 670BA-26-
014, dated July 28, 2022, or Revision A, dated December 23, 2022.

(h) Parts Installation Limitation

    As of the effective date of this AD, it is prohibited to install 
an HRD or LRD cargo fire extinguisher container with a serial number 
listed in Section 2.B. of the Accomplishment Instructions of MHIRJ 
Service Bulletin 670BA-26-014, dated July 28, 2022, or Revision A, 
dated December 23, 2022, unless the cargo fire extinguisher 
container is ink-stamped with a circled ``G'' adjacent to the 
nameplate, signifying the incorporation of Collins Service Bulletin 
Fire Extinguisher-26-A, dated April 4, 2022, or Revision 1, dated 
June 16, 2022.

(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 responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to ATTN: Program Manager, 
Continuing Operational Safety, at the address identified in 
paragraph (j)(2) of this AD or email to: <a href="/cdn-cgi/l/email-protection#724b5f3324215f333b205f4541425f333f3d31321413135c151d04"><span class="__cf_email__" data-cfemail="566f7b1700057b171f047b6165667b171b19151630373778313920">[email protected]</span></a>. 
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's 
Transport Canada Design

[[Page 69023]]

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-2022-66, dated December 8, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1040.
    (2) For more information about this AD, contact Gabriel Kim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#fbc2d69a8d88d695829a9894d6989488bb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="ccf5e1adbabfe1a2b5adafa3e1afa3bf8caaadade2aba3ba">[email protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) MHIRJ Service Bulletin 670BA-26-014, dated July 28, 2022.
    (ii) MHIRJ Service Bulletin 670BA-26-014, Revision A, dated 
December 23, 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 <a href="/cdn-cgi/l/email-protection#097d616d276a7b6349356829617b6c6f34" http: mhirj.com">mhirj.com</a>">thd.crj@mhirj.com</a>; 
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 <a href="/cdn-cgi/l/email-protection#98feeab6f1f6ebe8fdfbecf1f7f6d8f6f9eaf9b6fff7ee"><span class="__cf_email__" data-cfemail="375145195e5944475254435e5859775956455619505841">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 22, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22082 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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