[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11178-11180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03602]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0019; Project Identifier MCAI-2020-01388-T]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership (Type 
Certificate Previously Held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by reports of 
deficiencies in the primary flight control computer (PFCC) and remote 
electronics unit (REU) software. This proposed AD would require 
installation of a software update to correct deficiencies in the PFCC 
and REU software, as specified in a Transport Canada Civil Aviation 
(TCCA) AD, which is proposed for incorporation by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 12, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
    For TCCA material that will be incorporated by reference (IBR) in 
this AD, contact Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario, K1A 0N5 CANADA; phone 888-663-3639; 
email [email protected]; internet https://tc.canada.ca/en/aviation. You 
may view this IBR material 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 in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2021-0019.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0019; 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 NPRM, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0019; Project Identifier 
MCAI-2020-01388-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; fax 516-794-5531; email [email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

[[Page 11179]]

Discussion

    TCCA, which is the aviation authority for Canada, has issued 
Canadian AD CF-2020-36, dated October 8, 2020 (TCCA AD CF-2020-36) 
(also referred to as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for certain 
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 
airplanes.
    This proposed AD was prompted by reports of deficiencies in the 
PFCC and REU software. The FAA is proposing this AD to address software 
deficiencies that, if not corrected, could impact flight control 
functions, which could prevent continued safe flight and landing. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2020-36 describes procedures for installing updated PFCC 
and REU software; this installation includes pre-requisites that must 
be met prior to the installation (installing certain database versions 
and software). This material 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.

FAA's Determination and Requirements of This Proposed AD

    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in TCCA AD CF-2020-36, described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and the European Aviation 
Safety Agency (EASA) to develop a process to use certain EASA ADs as 
the primary source of information for compliance with requirements for 
corresponding FAA ADs. The FAA has since coordinated with other 
manufacturers and civil aviation authorities (CAAs) to use this 
process. As a result, TCCA AD CF-2020-36 will be incorporated by 
reference in the FAA final rule. This proposed AD would, therefore, 
require compliance with TCCA AD CF-2020-36 in its entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this proposed AD. Service information 
specified in TCCA AD CF-2020-36 that is required for compliance with 
TCCA AD CF-2020-36 will be available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0019 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 38 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 18 work-hours x $85 per hour =   Up to $21,100 *........  Up to $22,630..........  Up to $859,940.
 $1,530.
----------------------------------------------------------------------------------------------------------------
* Parts cost to load the software in the REUs.

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the cost estimate.

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

[[Page 11180]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Airbus Canada Limited Partnership (Type Certificate Previously Held 
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): 
Docket No. FAA-2021-0019; Project Identifier MCAI-2020-01388-T.

(a) Comments Due Date

    The FAA must receive comments by April 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, as 
identified in Canadian AD CF-2020-36, dated October 8, 2020 (TCCA AD 
CF-2020-36).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
control system.

(e) Reason

    This AD was prompted by reports of deficiencies in the primary 
flight control computer (PFCC) and remote electronics unit (REU) 
software. The FAA is issuing this AD to address software 
deficiencies that, if not corrected, could impact flight control 
functions, which could prevent continued safe flight and landing.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, TCCA AD CF-2020-36. The pre-requisites specified in 
the service information referenced in TCCA AD CF-2020-36 must be met 
prior to accomplishing the required actions.

(h) Exception and Clarification of TCCA AD CF-2020-36

    (1) Where TCCA AD CF-2020-36 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The compliance time for the actions required by paragraph 
(g) of this AD is the earliest of the times specified in paragraphs 
(h)(2)(i) through (iii) of this AD.
    (i) Prior to the accumulation of 12,000 total flight hours.
    (ii) Within 56 months after the effective date of this AD.
    (iii) Within 9,350 flight hours after the effective date of this 
AD.

(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; fax 516-794-5531. 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 Airbus 
Canada Limited Partnership's TCCA Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.

(j) Related Information

    (1) For TCCA AD CF-2020-36, contact Transport Canada National 
Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 
0N5 CANADA; phone 888-663-3639; email [email protected]; internet 
https://tc.canada.ca/en/aviation. You may view this material 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0019.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; fax 516-794-5531; email [email protected].

    Issued on January 28, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03602 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P