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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:
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 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-2023-1040.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone:
516-228-7300; email: 9-avs-nyaco-cos@faa.gov.
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
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
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Labor cost
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Parts cost
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Cost per
product
|
Cost on
U.S. operators
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| Up to 1 work-hour x $85 per hour
= $85 |
$0
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Up to $85
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Up to $50,745
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Estimated Costs of On-Condition
Actions
|
Labor cost
|
Parts cost
|
Cost per
product
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| 3 work-hours x $85 per hour =
$255 |
$0
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$255
|
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
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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