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]
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)
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
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow the
instructions for submitting comments.
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@example.com.
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 firstname.lastname@example.org.
Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
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.
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
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
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
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
$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.
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
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