[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Proposed Rules]
[Pages 20097-20100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07201]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0269; Project Identifier MCAI-2020-01417-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and

[[Page 20098]]

BD-500-1A11 airplanes. This proposed AD was prompted by reports of in-
flight engine shutdowns (IFESs); investigation results indicated that 
this could be caused by high altitude climbs at higher thrust settings 
on engines with certain thrust ratings. This proposed AD would require 
amending the existing airplane flight manual (AFM) to incorporate a new 
limitation and revise certain normal procedures, 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 June 1, 
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 the TCCA, Transport Canada National Aircraft 
Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, CANADA; 
telephone 888-663-3639; email [email protected]; internet https://tc.canada.ca/en/aviation. For Airbus material that will be IBR in this 
AD, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre 
Boulevard, Mirabel, Qu[eacute]bec J7N 3C6, Canada; telephone 450-476-
7676; email [email protected]; internet http://a220world.airbus.com. 
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-2021-0269.

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-
0269; 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.

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-2021-0269; Project Identifier 
MCAI-2020-01417-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.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2020-41, issued October 15, 2020 (TCCA AD CF-2020-41) (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 IFESs; investigations 
are ongoing to determine the root cause. Investigation results 
indicated that an IFES could be caused by high altitude climbs at 
higher thrust settings on engines with certain thrust ratings. The FAA 
is proposing this AD to provide the flightcrew with information and 
procedures for operation above 29,000 feet to prevent uncontained 
failure of an engine during an IFES, which could result in structural 
damage and reduced structural integrity of the airplane. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2020-41 specifies procedures for amending the applicable 
AFM to incorporate a new limitation and revise the normal procedures to 
limit the engine N1 setting for flights above 29,000 feet.
    Airbus Canada Limited Partnership has issued Supplement 21--
Operation Above 29000 Feet, of Airbus A220-100 Airplane Flight Manual, 
Publication BD500-3AB48-22200-00, Issue 016, dated October 16, 2020. 
This supplement specifies limitations, information, and procedures for 
operation above 29,000 feet.
    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

[[Page 20099]]

notified of the unsafe condition described in the MCAI 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-2020-41 described previously, as incorporated by 
reference, except as specified under ``Differences Between this 
Proposed AD and the MCAI'' in this NPRM, and except for any differences 
identified as exceptions in the regulatory text of this AD.

Differences Between This Proposed AD and the MCAI

    The MCAI requires a borescope inspection for signs of damage of the 
1st stage axial low-pressure compressor (LPC) rotor of each engine, and 
allows for the optional installation of health management unit reports 
to monitor N1 exceedances. This proposed AD does not include either 
provision.
    The MCAI also requires amending the AFM by ``incorporating the 
Supplement 21 Operation above 29000 feet from AFM Revision 15-A dated 
10 September 2020.'' Since the MCAI was issued, Supplement 21 was 
revised. This proposed AD would require the incorporation of Supplement 
21--Operation Above 29000 Feet, of Airbus A220-100 Airplane Flight 
Manual, Publication BD500-3AB48-22200-00, Issue 016, dated October 16, 
2020.
    The MCAI requires operators to ``inform all flight crews'' of 
revisions to the AFM, and thereafter to ``operate the aeroplane 
accordingly.'' However, this proposed AD would not specifically require 
those actions as those actions are already required by FAA regulations.
    FAA regulations require operators furnish to pilots any changes to 
the AFM (ex: 14 CFR 121.137, and to ensure the pilots are familiar with 
the AFM (ex: 14 CFR 91.505). As with any other training requirement, 
training on the updated AFM content is tracked by the operators and 
recorded in each pilot's training record, which is available for the 
FAA to review.
    FAA regulations also require pilots to follow the procedures in the 
existing AFM including all updates. 14 CFR 91.9 requires that no person 
may operate a civil aircraft without complying with the operating 
limitations specified in the AFM. Therefore, including a requirement in 
this proposed AD to operate the airplane according to the revised AFM 
would be redundant and unnecessary. Further, compliance with such a 
requirement in an AD would be impracticable to demonstrate or track on 
an ongoing basis; therefore, a requirement to operate the airplane in 
such a manner would be unenforceable.
    These differences have been coordinated with TCCA.

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 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-2020-41 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with TCCA AD CF-2020-41 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-2020-41 that is required 
for compliance with TCCA AD CF-2020-41 will be available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0269 after the FAA final rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action 
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 42 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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1 work-hour x $85 per hour = $85.............................              $0              $85           $3,570
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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

    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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

[[Page 20100]]

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.


Sec.  39.13  [Amended]

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

Airbus Canada Limited Partnership (Type Certificate Previously Held 
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): 
Docket No. FAA-2021-0269; Project Identifier MCAI-2020-01417-T.

(a) Comments Due Date

    The FAA must receive comments by June 1, 2021.

(b) Affected Airworthiness Directives (ADs)

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (type 
certificate previously held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 
airplanes, certificated in any category, as identified in Transport 
Canada Civil Aviation (TCCA) AD CF-2020-41, issued October 15, 2020 
(TCCA AD CF-2020-41).

(d) Subject

    Air Transport Association (ATA) of America Code 72, Engines.

(e) Reason

    This AD was prompted by reports of in-flight engine shutdowns 
(IFESs); investigation results indicated that this could be caused 
by high altitude climbs at higher thrust settings on engines with 
certain thrust ratings. The FAA is issuing this AD to provide the 
flightcrew with information and procedures for operation above 
29,000 feet to prevent uncontained failure of an engine during an 
IFES, which could result in structural damage and reduced structural 
integrity of the airplane.

(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, paragraph A., of TCCA AD CF-2020-41.

(h) Exceptions to TCCA AD CF-2020-41

    (1) Where TCCA AD CF-2020-41 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph A. of TCCA AD CF-2020-41 requires amending 
the airplane flight manual (AFM) by ``incorporating the Supplement 
21 Operation above 29,000 feet from AFM Revision 15-A, dated 10 
September 2020,'' this AD requires amending the existing AFM by 
incorporating Supplement 21--Operation Above 29,000 Feet, of Airbus 
A220-100 Airplane Flight Manual, Publication BD500-3AB48-22200-00, 
Issue 016, dated October 16, 2020.
    (3) Where paragraph A. of TCCA AD CF-2020-41 specifies to 
``inform all flight crews of the new supplement and thereafter 
operate the aeroplane accordingly,'' this AD does not require those 
actions as those actions are already required by existing FAA 
operating regulations.
    (4) Where paragraphs B. and C. of TCCA AD CF-2020-41 specify 
procedures for a borescope inspection for signs of damage of the 1st 
stage axial low-pressure compressor (LPC) rotor of each engine, to 
be performed after the AFM N1 limitation has been exceeded, this AD 
does not require that action.
    (5) Where paragraph C. of TCCA AD CF-2020-41 describes an 
optional installation of health management unit reports to monitor 
N1 exceedances, this AD does not include that option.

(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 local Flight Standards District 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 
local flight standards district office/certificate holding district 
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'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-2020-41, contact the TCCA, Transport Canada 
National Aircraft Certification, 159 Cleopatra Drive, Nepean, 
Ontario, K1A 0N5, CANADA; telephone 888-663-3639; email [email protected]; internet https://tc.canada.ca/en/aviation. For Airbus 
service information identified in this AD, contact Airbus Canada 
Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, 
Qu[eacute]bec J7N 3C6, Canada; telephone 450-476-7676; email 
[email protected]; internet http://a220world.airbus.com. 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-2021-0269.
    (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 April 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-07201 Filed 4-15-21; 8:45 am]
BILLING CODE 4910-13-P