DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0155; Project Identifier MCAI-2021-00585-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).
-----------------------------------------------------------------------
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) airplanes; Model CL-600-2C10 (Regional Jet Series 700, 701 &
702) airplanes; Model CL-600-2C11 (Regional Jet Series 550) airplanes;
Model CL-600-2D15 (Regional Jet Series 705) airplanes; Model CL-600-
2D24 (Regional Jet Series 900) airplanes; and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. This proposed AD was prompted by
reports of displayed headings changing from MAG to TRU with no pilot
action, which may result in misleading heading information on both
primary function displays (PFDs) and multi-function displays (MFDs),
and misleading course information on flight management systems (FMS).
This proposed AD would require amending the existing airplane flight
manual (AFM) to provide the flightcrew with updated procedures for
accurate heading and course information. 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 May 16, 2022.
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 https://www.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.
For service information identified in this NPRM, contact MHI RJ
Aviation ULC, 12655 Henri-Fabre Blvd., Mirabel, Qu[eacute]bec J7N 1E1
Canada; Widebody Customer Response Center North America toll-free
telephone +1-844-272-2720 or direct-dial telephone +1-514-855-8500; fax
+1-514-855-8501; email thd.crj@mhirj.com; internet https://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.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0155; 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, any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300;
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-2022-0155; Project Identifier
MCAI-2021-00585-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
https://www.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 and Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; 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-2021-19, issued May 13,
2021 (TCCA AD CF-2021-19) (also referred to after this as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain MHI RJ Aviation ULC Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes; Model CL-600-2C10 (Regional
Jet Series 700, 701 & 702) airplanes; Model CL-600-2C11 (Regional Jet
Series 550) airplanes; Model CL-600-2D15 (Regional Jet Series 705)
airplanes; Model CL-600-2D24 (Regional Jet Series 900) airplanes; and
Model CL-600-2E25 (Regional Jet Series 1000) airplanes. You may examine
the MCAI in the AD docket at https://www.regulations.gov by searching
for and locating Docket No. FAA-2022-0155.
This proposed AD was prompted by reports of displayed headings
changing from MAG to TRU with no pilot action, which may result in
misleading heading information on both PFDs and MFDs, and misleading
course information on FMS. This misleading information may occur on
airplanes with certain inertial reference systems (IRSs); the IRS is
part of the navigation system and provides data on the airplane's
position. The FAA is proposing this AD to prevent operation outside the
terrain and obstacle protection provided in instrument procedure and
route designs, which could result in reduced operational safety
margins. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
MHI RJ Aviation ULC has issued the following service information,
which provides a procedure for revising, among other procedures, the
"Uncommanded True Heading Indication."
Section 05-15--Instrument Systems, of Chapter 5, ABNORMAL
PROCEDURES, of MHI RJ Model CL-600-2B19 AFM, CSP A-012, Volume 1,
Revision 74, dated July 3, 2020.
Bombardier has issued the following service information, which
provides a procedure for revising, among other procedures, the
"Uncommanded True Heading Indication." These documents are distinct
since they apply to different airplane models.
Section 05-15--Instrument Systems, of Chapter 5, ABNORMAL
PROCEDURES, of Bombardier CRJ Series Regional Jet Model CL-600-2C10
(Series 700, 701, 702) and CL-600-2C11 (Series 550) AFM, CSP B-012,
Revision 30, dated February 28, 2020.
Section 05-15--Instrument Systems, of Chapter 5, ABNORMAL
PROCEDURES, of Bombardier CRJ Series Regional Jet Model CL-600-2D24
(Series 900) and Model CL-600-2D15 (Series 705) AFM, CSP C-012,
Revision 24, dated March 27, 2020.
Section 05-15--Instrument Systems, of Chapter 5, ABNORMAL
PROCEDURES, of Bombardier CRJ Series Regional Jet Model CL-600-2E25
(Series 1000) AFM, CSP D-012, Revision 23, dated February 14, 2020.
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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
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.
TCCA AD CF-2021-19 requires operators to "advise all flight
crews" of revisions to the AFM, and thereafter to "operate the
aircraft accordingly." However, this proposed AD would not
specifically require those actions as those actions are already
required by FAA regulations. FAA regulations require operators furnish
to pilots any changes to the AFM (for example, 14 CFR 121.137), and to
ensure the pilots are familiar with the AFM (for example, 14 CFR
91.505). As with any other flightcrew training requirement, training on
the updated AFM content is tracked by the operators and recorded in
each pilot's training record, which is available for the FAA to review.
FAA regulations also require pilots to follow the procedures in the
existing AFM including all updates. 14 CFR 91.9 requires that any
person operating a civil aircraft must comply with the operating
limitations specified in the AFM. Therefore, including a requirement in
this proposed AD to operate the airplane according to the revised AFM
would be redundant and unnecessary.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 1,113 airplanes of U.S. registry. The FAA estimates the
following costs to comply with this proposed AD:
Estimated Costs for Required Actions
LABOR COST
|
PARTS COST
|
COST PER PRODUCT
|
COST ON U.S. OPERATORS
|
1 work-hour x $85 per hour = $85 |
$0
|
$85
|
$94,605
|
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:
|