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

[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87331-87334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27680]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1496; Project Identifier MCAI-2022-01059-T; 
Amendment 39-22619; AD 2023-24-03]
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-600-2B19 (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 AD was prompted by a determination that 
aircraft maintenance manual (AMM) tasks and certification maintenance 
requirement (CMR) tasks are necessary. This AD requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive AMM and CMR tasks. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective January 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 22, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1496; or in person at Docket Operations between 9 
a.m. and

[[Page 87332]]

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-2023-1496.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aviation Safety 
Engineer, FAA, 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 all 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. The 
NPRM published in the Federal Register on July 19, 2023 (88 FR 46118). 
The NPRM was prompted by AD CF-2022-42, dated August 8, 2022, issued by 
Transport Canada, which is the aviation authority for Canada (referred 
to after this as the MCAI). The MCAI states that operators have 
reported frequent flight interruptions and high lavatory smoke detector 
removal rates due to the frequent testing of the smoke detector self-
test switch by the flight crew using unsuitable objects. The MCAI also 
states there is a potential dormant failure of the lavatory smoke 
detector if the self-test switch check is not performed in accordance 
with revised procedures.
    In the NPRM, the FAA proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive AMM and CMR tasks. The FAA is issuing this AD to 
address a potential dormant failure of the lavatory smoke detector if 
the self-test switch check is not performed in accordance with revised 
AMM or CMR tasks. If these maintenance task changes are not 
implemented, and in combination with a fire in the lavatory, this may 
lead to a delay in the reaction time to address smoke/fire in the 
lavatory.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1496.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International, who supported the NPRM without change.
    The FAA received an additional comment from MHI RJ Aviation. The 
following presents the comment received on the NPRM and the FAA's 
response.

Request To Identify Corrected Revisions

    MHI RJ requested that the corrected revisions for Aircraft 
Maintenance Manual (AMM) Tasks 26-16-00-710-804-A01 and 26-16-00-710-
803-A01 be identified as found in AMM CSP B-001, Revision 71. The 
commenter stated that the Maintenance Task Card Manual (MTCM) Task Card 
updates were also implemented in AMM Tasks 26-16-00-710-804-A01 and 26-
16-00-710-803-A01, but references to the AMM tasks in the proposed AD 
do not indicate the corrected revision.
    The FAA agrees with the requested change since it provides a means 
for operators to ensure the revised maintenance tasks are included in 
the AMM revision they are using. Therefore, figure 1 to paragraph (h) 
of this AD has been changed to specify AMM Rev 68 or later approved 
revisions.

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 
comment 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, 
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 Bombardier Temporary Revision 2A-75, dated May 28, 
2020. This service information specifies new or more restrictive CMR 
tasks. 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 affects 1,024 airplanes of U.S. 
registry. The FAA estimates the following costs 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 
agency 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 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $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.

Regulatory Findings

    This AD will not have federalism implications under Executive Order

[[Page 87333]]

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:

2023-24-03 MHI RJ Aviation ULC (Type Certificate Previously Held by 
Bombardier, Inc.): Amendment 39-22619; Docket No. FAA-2023-1496; 
Project Identifier MCAI-2022-01059-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all MHI RJ Aviation ULC (Type Certificate 
previously held by Bombardier, Inc.) airplanes identified in 
paragraphs (c)(1) through (6) of this AD, certificated in any 
category.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) 
airplanes.
    (3) Model CL-600-2C11 (Regional Jet Series 550) airplanes.
    (4) Model CL-600-2D15 (Regional Jet Series 705) airplanes.
    (5) Model CL-600-2D24 (Regional Jet Series 900) airplanes.
    (6) Model CL-600-2E25 (Regional Jet Series 1000) airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive aircraft maintenance manual (AMM) tasks and 
certification maintenance requirement (CMR) tasks are necessary. The 
FAA is issuing this AD to address a potential dormant failure of the 
lavatory smoke detector if the self-test switch check is not 
performed in accordance with the revised AMM or CMR tasks. If these 
maintenance task changes are not implemented, and in combination 
with a fire in the lavatory, this may lead to a delay in the 
reaction time to address smoke/fire in the lavatory.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision for Model CL-600-2B19 
(Regional Jet Series 100 & 440) Airplanes

    For Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes: 
Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Bombardier Temporary 
Revision 2A-75, dated May 28, 2020. The initial compliance time is 
within 12 months after the effective date of this AD.

(h) Maintenance or Inspection Program Revision for Other Airplanes

    For airplanes identified in paragraphs (c)(2) through (6) of 
this AD: Within 60 days after the effective date of this AD, revise 
the existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Figure 1 to paragraph (h) 
of this AD. The initial compliance time for doing the tasks is 
within 12 months after the effective date of this AD.

Figure 1 to Paragraph (h)--AMM task for an operational check of the 
lavatory smoke detector (forward and aft)
[GRAPHIC] [TIFF OMITTED] TR18DE23.016

(i) No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) or (h) of this AD, no 
alternative actions (e.g., inspections) or intervals may be used 
unless the actions, and intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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, International Validation 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, International 
Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation 
ULC's Transport Canada Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Additional Information

    (1) Refer to Transport Canada AD CF-2022-42, dated August 8, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1496.
    (2) For more information about this AD, contact Elizabeth 
Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference

[[Page 87334]]

(IBR) 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 to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Temporary Revision 2A-75, dated May 28, 2020.
    (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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27680 Filed 12-15-23; 8:45 am]
BILLING CODE 4910-13-P

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