Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes

[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14883-14885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04946]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0521; Project Identifier MCAI-2022-00273-T; 
Amendment 39-22187; AD 2022-20-03]
RIN 2120-AA64


Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain 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 laboratory tests that showed that the oxygen tubes of the crew 
oxygen system may be contaminated with lubricants, as a result of the 
manufacturing and cleaning procedures used. This AD requires cleaning 
and flushing the crew oxygen system. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective April 14, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 14, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0521; 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 mhirj.com">thd.crj@mhirj.com; 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-2022-0521.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

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 certain 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 17, 2022 (87 FR 29841). The NPRM was prompted by AD CF-2022-06, 
dated February 28, 2022, issued by Transport Canada Civil Aviation 
(TCCA), which is the aviation authority for Canada (referred to after 
this as the MCAI). The MCAI states that laboratory tests showed that 
the oxygen tubes of the crew oxygen system may be contaminated with 
lubricants, as a result of the inadvertent use of a non-conforming 
aqueous degreasing process for oxygen line flushing and cleaning during 
the manufacturing process. If not corrected, lubricant remaining in 
oxygen lines could lead to a fire within the oxygen tubes or a health 
hazard related to the inhalation of lubricant fumes through the masks 
when masks are in use.
    In the NPRM, the FAA proposed to require cleaning and flushing the 
crew oxygen system. The FAA is issuing this AD to address the 
contaminated oxygen tubes of the crew oxygen system, which could lead 
to a fire within the oxygen tubes, or a health hazard related to the 
inhalation of lubricant fumes when the masks are in use.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0521.

[[Page 14884]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from MHI RJ Aviation ULC. The following 
presents the comment received on the NPRM and the FAA's response to the 
comment.

Request To Change MHI RJ Contact Information

    MHI RJ Aviation ULC requested that the NPRM be revised to correct 
its contact information.
    The FAA has included the correct contact information under 
ADDRESSES in this final rule and in paragraph (k)(3) of this AD.

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 MHI RJ Service Bulletin 670BA-35-016, Revision B, 
dated December 17, 2021. This service information specifies procedures 
for low-pressure and high-pressure cleaning of the crew oxygen tubes. 
The tasks include cleaning the end fittings and threads, cleaning the 
inner wall of the tubes with solvent, and flushing the inner wall of 
the tubes with nitrogen.
    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 would affect 34 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                    Parts cost           Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
51 work-hours x $85 per hour =      Up to $1,240..........  Up to $5,575.........  Up to $189,550.
 $4,335.
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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:

2022-20-03 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22187; Docket No. FAA-2022-0521; 
Project Identifier MCAI-2022-00273-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 14, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to MHI RJ Aviation ULC (Type Certificate 
Previously Held by Bombardier, Inc.) airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702) and 
CL-600-2C11 (Regional Jet Series 550) airplanes, serial numbers 
10346 and 10347.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24 
(Regional Jet Series 900) airplanes, serial numbers 15413 through 
15484 inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes, 
serial numbers 19049 through 19064 inclusive.
    (4) Model CL-600-2C10, CL-600-2C11, CL-600-2D15, CL-600-2D24 and 
CL-600-2E25 airplanes equipped with tube part numbers installed 
after the dates indicated in Section 1.A.(2) of MHI RJ Service 
Bulletin (SB) 670BA-35-016, Revision B, dated December 17, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by laboratory tests that showed that the 
oxygen tubes of the crew oxygen system may be contaminated with 
lubricants, as a result of the manufacturing and cleaning 
procedures. The

[[Page 14885]]

FAA is proposing this AD to address the contaminated oxygen tubes of 
the crew oxygen system, which could lead to a fire within the oxygen 
tubes, or a health hazard related to the inhalation of lubricant 
fumes when the masks are in use.

(f) Compliance

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

(g) Requirements

    Within 8,800 flight hours after the effective date of this AD, 
clean and flush the crew oxygen system, in accordance with the 
Accomplishment Instructions of MHI RJ Service Bulletin 670BA-35-016, 
Revision B, dated December 17, 2021.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by this AD, 
if those actions were performed before the effective date of this 
AD, using the service information identified in paragraph (h)(1) or 
(2) of this AD.
    (1) MHI RJ Service Bulletin 670BA-35-016, dated February 26, 
2021.
    (2) MHI RJ Service Bulletin 670BA-35-016, Revision A, dated 
November 5, 2021.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. 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, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or MHI RJ 
Aviation ULC's TCCA Design Approval Organization (DAO). If approved 
by the DAO, the approval must include the DAO-authorized signature.

(j) Additional Information

    (1) Refer to TCCA AD CF-2022-06, dated February 28, 2022, for 
related information. This TCCA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-0521.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(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) MHI RJ Service Bulletin 670BA-35-016, Revision B, dated 
December 17, 2021.
    (ii) [Reserved]
    (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 mhirj.com">thd.crj@mhirj.com; 
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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on March 7, 2023.
[FR Doc. 2023-04946 Filed 3-9-23; 8:45 am]
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