Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, 32625-32628 [2023-10787]
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ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Rules and Regulations
b. All individuals or entities
identified in this paragraph must submit
an executed SBA Form 1081 and either
a Form FD–258 (fingerprint card) or
Electronic Fingerprint Submission. SBA
Form 1081 and the Form FD–258 or
Electronic Fingerprint Submission must
be signed and dated within 90 days of
submission to SBA.
c. A director or Key Employee of the
lender organization is only required to
submit either Form FD–258 (fingerprint
card) or Electronic Fingerprint.
d. Submission if the director or Key
Employee answered affirmatively to
questions 10a, 10b, 10c, 11a and/or 11b
on the SBA Form 1081. For SBLCs,
proof of fidelity insurance coverage as
detailed in 13 CFR 120.470(e).
6. A comprehensive business plan
that details:
a. The nature of proposed operations,
including the organizational units
involved in sourcing, evaluating,
underwriting, closing, disbursing
servicing, and liquidating small
business loans in the organization;
b. The identification of all sources of
capital used to finance lending
operations;
c. An operations plan detailing the
nature of the Lender’s proposed loan
activity, the volume of activity projected
over the first 3 years as an SBA Lender,
projected balance sheets, income
statements and statement of cash flows
of the Lender, with alternative profit
and loss scenarios based on run rates
equivalent to 70% and 50% of projected
loan activity, the type and projected
amount of financing needed to support
its lending plan, along with a discussion
of Lender’s proposed wind-down plan
in the event the Lender decides to leave
the program;
d. A detailed analysis of the Lender’s
projected secondary market activities
during the first 3 years of operation,
including a sensitivity analysis of the
effect any changes in premium from the
sale of the guaranteed portion of 7(a)
loans in SBA’s secondary market may
have on the Lender’s prospective
earnings. The analysis must also include
a description of the Lender’s plans (if
any) to securitize or sell participations
in the unguaranteed portion of 7(a)
loans; and
e. If the Lender intends to acquire any
7(a) loans, a written plan detailing the
extent of this acquisition activity in its
operating plan, and how the Lender will
manage the transition of the 7(a) loan
portfolio;
7. All documents associated with any
type of external financing expected to be
undertaken by the proposed SBLC;
8. A written statement from an
authorized official of the acquiring
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17:13 May 19, 2023
Jkt 259001
concern certifying that the SBLC will
not be primarily engaged in financing
the operations of an Affiliate as defined
in 13 CFR 121.103.
9. The most recent audited financial
statements of the acquiring concern if it
has been in operation for more than 1
year, or the audited financial statements
of the acquiring concern’s parent
company.
10. A certified copy of a Board,
limited partners, or members resolution
specifying the individual(s) or official(s)
granted the authority by the
organization to submit this SBLC
application;
11. A certification by the proposed
SBLC that it is in full compliance with
all Federal, State, and local laws;
12. A written legal opinion of
independent counsel (‘‘Independent
Counsel’’ is counsel that is not an
Associate of the lender), satisfactory to
SBA that addresses whether the
proposed SBLC:
a. Is duly formed, organized, and
validly existing in good standing under
the laws of the State of its organization,
and is in full compliance with all
Federal, State, and local laws in
connection with the formation and
organization of the proposed SBLC; and
b. Has the power, legal right, and
authority to enter into the sale
transaction.
V. Evaluation Process
SBA reserves the right to deny any
entity applying for or proposing to
acquire an SBLC’s SBA lending
authority, in its sole discretion. In
addition to SBA’s evaluation of the
elements required in the SBLC
Application, SBA may consider risk
factors in its evaluation. These factors
include, but are not limited to:
• The lending policies of the
proposed SBLC, including those for
non-SBA loans, and their alignment
with SBA’s mission;
• Historical performance measures
(such as default, purchase and loss rate);
• Whether the applicant is subject to
any legal proceedings, enforcement
action, order or agreement with a
regulator or the presence of other related
concerns;
• Other performance data associated
with the acquiring concern or its senior
management team, along with other
relevant information (such as SBAobserved gaps in small business lending
not served by the existing 7(a) Lender
population, including small-dollar
lending and loans to underserved
populations); and
• Affiliation with lenders or lender
service providers previously sanctioned
by SBA.
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32625
In the review process, SBA will not
consider the following factors in its
review:
• Timing of application submission,
so long as the application is submitted
within an open application period.
Once received, the Director, Office of
Financial Program Operations (D/
OFPO), in consultation with the
Director, Office of Credit Risk
Management (D/OCRM), Director, Office
of Financial Assistance (D/OFA),
Director, Office of Performance and
System Management (D/OPSM), and the
Deputy Associate Administrator of the
Office of Capital Access or designee,
makes the final determination on the
application.
SBA will notify all applicants
whether they have been approved. If
approved, written notification will be
provided to the applicant. Included
with this letter will be SBA Form 750
for execution and return to SBA.
VI. Timeline
The SBLC application period is open
as of Thursday, June 1, 2023, and SBA
will continue accepting applications
through 11:59 p.m. Eastern time on
Monday, July 31, 2023. After such
period, SBA will close the application
period, review and process all
applications in accordance with the
instructions provided above, and award
up to three SBLC licenses. SBA
anticipates issuing the new SBLC
licenses in fall of 2023.
Isabella Casillas Guzman,
Administrator.
[FR Doc. 2023–10310 Filed 5–19–23; 8:45 am]
BILLING CODE 8026–09–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0167; Project
Identifier MCAI–2022–00762–T; Amendment
39–22425; AD 2023–09–02]
RIN 2120–AA64
Airworthiness Directives; MHI RJ
Aviation ULC (Type Certificate
Previously Held by Bombardier, Inc.)
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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, &
SUMMARY:
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22MYR1
ddrumheller on DSK120RN23PROD with RULES1
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Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Rules and Regulations
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 June 26,
2023.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of June 26, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–0167; 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 GrandesTourelles, Suite 110, Boisbriand,
Que´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–
2023–0167.
FOR FURTHER INFORMATION CONTACT:
Gabriel Kim, 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 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:13 May 19, 2023
Jkt 259001
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 February 16, 2023
(88 FR 10060). The NPRM was
prompted by AD CF–2022–32, dated
June 13, 2022, issued by Transport
Canada, which is the aviation authority
for Canada (referred to after this as the
MCAI). The MCAI states that it was
discovered that the 10-year (120-month)
periodic hydrostatic tests of the engine
and auxiliary power unit (APU) fire
extinguishing bottles on Model CL–600–
2B19 airplanes and of the engine, APU,
and cargo compartment fire
extinguishing bottles for Model CL–
600–2C10, CL–600–2C11, CL–600–
2D15, CL–600–2D24, and CL–600–2E25
airplanes were not performed. This
could mean that the functional test of
the pressure switch, which should be
performed as part of the hydrostatic
tests, may have been omitted on several
airplanes in service. Failure to perform
the pressure switch test and the 10-year
overhaul or restoration of the FIREX
bottles could result in a dormant loss of
fire extinguishing capability.
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
undetected loss of fire extinguishing
capability for the engine, APU, or cargo
compartment. The unsafe condition, if
not addressed, could result in an
inability to put out a fire in the engine,
APU, or cargo compartment area.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–0167.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from Air
Line Pilots Association, International
(ALPA) who supported the NPRM
without change.
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
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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 Revisions 2A–73 and 2A–74,
both dated June 5, 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 1,114 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 ×
$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
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Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Rules and Regulations
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
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
ddrumheller on DSK120RN23PROD with RULES1
Authority: 49 U.S.C. 106(g), 40113, 44701.
(2) 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 2 to paragraph (h)(2) of this AD. The
initial compliance time for doing the task is
at the applicable time specified in paragraph
(h)(2)(i) or (ii) of this AD.
17:13 May 19, 2023
Jkt 259001
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–09–02 MHI RJ Aviation ULC (Type
Certificate Previously Held by
Bombardier, Inc.): Amendment 39–
22425; Docket No. FAA–2023–0167;
Project Identifier MCAI–2022–00762–T.
(a) Effective Date
This airworthiness directive (AD) is
effective June 26, 2023.
(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.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
VerDate Sep<11>2014
§ 39.13
(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 undetected loss of fire
extinguishing capability for the engine, APU,
or cargo compartment. The unsafe condition,
if not addressed, could result in an inability
(i) If a restoration (previously called a
hydrostatic test) of any engine or auxiliary
power unit (APU) fire extinguisher bottle was
accomplished on or before June 5, 2014, do
the applicable maintenance task on that
bottle within 48 months after the effective
date of this AD.
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Fmt 4700
Sfmt 4700
to put out a fire in the engine, APU, or cargo
compartment area.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Existing Maintenance or Inspection
Program Revision for Model CL–600–2B19
Airplanes
For Model CL–600–2B19 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 Revisions 2A–73 and 2A–74, both
dated June 5, 2020. The initial compliance
time for doing the tasks is at the applicable
times specified in Bombardier Temporary
Revisions 2A–73 and 2A–74, both dated June
5, 2020, or within 60 days after the effective
date of this AD, whichever occurs later.
(h) Existing Maintenance or Inspection
Program Revision for Other Model Airplanes
For airplanes identified in paragraphs
(c)(2) through (6) of this AD:
(1) 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)(1) of this AD. The
initial compliance time for doing the task is
at the applicable time specified in paragraph
(h)(1)(i) or (ii) of this AD.
(i) If a restoration (previously called a
hydrostatic test) of any cargo compartment
fire extinguisher bottle was accomplished on
or before June 5, 2014, do the applicable
maintenance task on that bottle within 48
months after the effective date of this AD.
(ii) If a restoration (previously called a
hydrostatic test) of any cargo compartment
fire extinguisher bottle was accomplished
after June 5, 2014, do the applicable
maintenance task on that bottle within 10
years after the most recent restoration was
accomplished.
Figure 1 to paragraph (h)(1)—AMM task for
the cargo fire extinguisher bottle
(ii) If a restoration (previously called a
hydrostatic test) of any engine or APU fire
extinguisher bottle was accomplished after
June 5, 2014, do the applicable maintenance
task on that bottle within 10 years after the
most recent restoration was accomplished.
E:\FR\FM\22MYR1.SGM
22MYR1
ER22MY23.002
that authority because it addresses an
unsafe condition that is likely to exist or
develop on products identified in this
rulemaking action.
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Federal Register / Vol. 88, No. 98 / Monday, May 22, 2023 / Rules and Regulations
Figure 2 to paragraph (h)(2)—AMM tasks for
the engine and APU fire extinguisher
bottles
(l) Material Incorporated by Reference
After the existing maintenance or
inspection program has been revised as
required by paragraphs (g) and (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.
(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) Bombardier Temporary Revision 2A–73,
dated June 5, 2020.
(ii) Bombardier Temporary Revision 2A–
74, dated June 5, 2020.
(3) For service information identified in
this AD, contact MHI RJ Aviation Group,
Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand,
Que´bec J7H 0E2 Canada; North America tollfree telephone 833–990–7272 or direct-dial
telephone 450–990–7272; fax 514–855–8501;
email 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 fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
(j) 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; 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.
[FR Doc. 2023–10787 Filed 5–19–23; 8:45 am]
BILLING CODE 4910–13–P
(k) Additional Information
ddrumheller on DSK120RN23PROD with RULES1
Issued on April 28, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(1) Refer to Transport Canada AD CF–
2022–32, dated June 13, 2022, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–0167.
(2) For more information about this AD,
contact Gabriel Kim, 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 9-avs-nyaco-cos@faa.gov.
VerDate Sep<11>2014
17:13 May 19, 2023
Jkt 259001
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1491; Project
Identifier MCAI–2022–00924–T; Amendment
39–22424; AD 2023–09–01]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A318 series
airplanes; Model A319 series airplanes;
Model A320–211, –212, –214, –216,
–231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes; and Model A321 series
airplanes. This AD was prompted by a
report that certain overheat detection
system (OHDS) sensing elements
installed at certain positions might not
properly detect thermal bleed leak
events due to a quality escape during
the manufacturing process. This AD
requires a one-time detailed inspection
of each affected part installed at an
affected position and replacement if
necessary, and prohibits the installation
of affected parts at affected positions, as
specified in a European Union Aviation
Safety Agency (EASA) AD, which is
incorporated by reference. The FAA is
issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective June 26,
2023.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of June 26, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1491; or in person at
Docket Operations between 9 a.m. and
SUMMARY:
E:\FR\FM\22MYR1.SGM
22MYR1
ER22MY23.003
(i) No Alternative Actions or Intervals
Agencies
[Federal Register Volume 88, Number 98 (Monday, May 22, 2023)]
[Rules and Regulations]
[Pages 32625-32628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10787]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0167; Project Identifier MCAI-2022-00762-T;
Amendment 39-22425; AD 2023-09-02]
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.
-----------------------------------------------------------------------
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, &
[[Page 32626]]
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 June 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 26,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-0167; 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 mhirj.com">[email protected]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-2023-0167.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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 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 February 16, 2023 (88 FR
10060). The NPRM was prompted by AD CF-2022-32, dated June 13, 2022,
issued by Transport Canada, which is the aviation authority for Canada
(referred to after this as the MCAI). The MCAI states that it was
discovered that the 10-year (120-month) periodic hydrostatic tests of
the engine and auxiliary power unit (APU) fire extinguishing bottles on
Model CL-600-2B19 airplanes and of the engine, APU, and cargo
compartment fire extinguishing bottles for Model CL-600-2C10, CL-600-
2C11, CL-600-2D15, CL-600-2D24, and CL-600-2E25 airplanes were not
performed. This could mean that the functional test of the pressure
switch, which should be performed as part of the hydrostatic tests, may
have been omitted on several airplanes in service. Failure to perform
the pressure switch test and the 10-year overhaul or restoration of the
FIREX bottles could result in a dormant loss of fire extinguishing
capability.
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 undetected loss of fire extinguishing capability for the
engine, APU, or cargo compartment. The unsafe condition, if not
addressed, could result in an inability to put out a fire in the
engine, APU, or cargo compartment area.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0167.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
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 Revisions 2A-73 and 2A-74,
both dated June 5, 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 1,114 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
[[Page 32627]]
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:
2023-09-02 MHI RJ Aviation ULC (Type Certificate Previously Held by
Bombardier, Inc.): Amendment 39-22425; Docket No. FAA-2023-0167;
Project Identifier MCAI-2022-00762-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 26, 2023.
(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 undetected loss of fire
extinguishing capability for the engine, APU, or cargo compartment.
The unsafe condition, if not addressed, could result in an inability
to put out a fire in the engine, APU, or cargo compartment area.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Existing Maintenance or Inspection Program Revision for Model CL-
600-2B19 Airplanes
For Model CL-600-2B19 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 Revisions 2A-73 and 2A-74, both
dated June 5, 2020. The initial compliance time for doing the tasks
is at the applicable times specified in Bombardier Temporary
Revisions 2A-73 and 2A-74, both dated June 5, 2020, or within 60
days after the effective date of this AD, whichever occurs later.
(h) Existing Maintenance or Inspection Program Revision for Other Model
Airplanes
For airplanes identified in paragraphs (c)(2) through (6) of
this AD:
(1) 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)(1) of this AD. The initial compliance time for doing the task is
at the applicable time specified in paragraph (h)(1)(i) or (ii) of
this AD.
(i) If a restoration (previously called a hydrostatic test) of
any cargo compartment fire extinguisher bottle was accomplished on
or before June 5, 2014, do the applicable maintenance task on that
bottle within 48 months after the effective date of this AD.
(ii) If a restoration (previously called a hydrostatic test) of
any cargo compartment fire extinguisher bottle was accomplished
after June 5, 2014, do the applicable maintenance task on that
bottle within 10 years after the most recent restoration was
accomplished.
Figure 1 to paragraph (h)(1)--AMM task for the cargo fire
extinguisher bottle
[GRAPHIC] [TIFF OMITTED] TR22MY23.002
(2) 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 2 to paragraph
(h)(2) of this AD. The initial compliance time for doing the task is
at the applicable time specified in paragraph (h)(2)(i) or (ii) of
this AD.
(i) If a restoration (previously called a hydrostatic test) of
any engine or auxiliary power unit (APU) fire extinguisher bottle
was accomplished on or before June 5, 2014, do the applicable
maintenance task on that bottle within 48 months after the effective
date of this AD.
(ii) If a restoration (previously called a hydrostatic test) of
any engine or APU fire extinguisher bottle was accomplished after
June 5, 2014, do the applicable maintenance task on that bottle
within 10 years after the most recent restoration was accomplished.
[[Page 32628]]
Figure 2 to paragraph (h)(2)--AMM tasks for the engine and APU fire
extinguisher bottles
[GRAPHIC] [TIFF OMITTED] TR22MY23.003
(i) No Alternative Actions or Intervals
After the existing maintenance or inspection program has been
revised as required by paragraphs (g) and (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, 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; 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-2022-32, dated June 13,
2022, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-0167.
(2) For more information about this AD, contact Gabriel Kim,
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].
(l) 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) Bombardier Temporary Revision 2A-73, dated June 5, 2020.
(ii) Bombardier Temporary Revision 2A-74, dated June 5, 2020.
(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">[email protected]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 April 28, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-10787 Filed 5-19-23; 8:45 am]
BILLING CODE 4910-13-P