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.
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 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 9-avs-nyaco-cos@faa.gov.
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 9-avs-nyaco-cos@faa.gov.
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:
Estimated Costs for Required Actions
Model
|
Labor cost |
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
Model CL-600-2B19 (526 airplanes) |
29 work hours x $85 per hour
= $2,465 |
$0
|
$2,465
|
$1,296,590
|
Model CL-600-2C10 and CL-600-2C11,
CL-600-2D15 and CL-600-2D24, and CL-600-2E25 (600 airplanes) |
82 work hours x $85 per
hour = $6,970 |
0
|
6,970
|
4,182,000
|
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 x $85 per
hour = $2,210 |
Up to $113,200 |
Up to $115,410 |
CL-600-2B19, S/Ns 7324-8113 |
Up to 24 work-hours x $85 per
hour = $2,040 |
Up to $100,598 |
Up to $102,638 |
CL-600-2C10 and CL-600-2C11,
S/Ns 10002-10347 |
Up to 54 work-hours x $85 per
hour = $4,590 |
Up to $70,758 |
Up to $75,348 |
CL-600-2D15 and CL-600-2D24,
S/Ns 15001-15494 |
Up to 58 work-hours x $85 per
hour = $4,930 |
Up to $74,598 |
Up to $79,528 |
CL-600-2E25, S/Ns 19001-19064 |
Up to 62 work-hours x $85 per
hour = $5,270 |
Up to $81,478 |
Up to $86,748 |
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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