[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Rules and Regulations]
[Pages 38223-38225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15346]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0031; Project Identifier MCAI-2020-01420-T; 
Amendment 39-21625; AD 2021-13-20]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by reports of corrosion on the 
waste box, waste access doubler, and waste service door of the rear 
fuselage due to contamination from waste valve leakage. This AD 
requires an inspection for corrosion of the waste box, waste access 
doubler, and waste service door, and corrective actions if necessary, 
as specified in a Transport Canada Civil Aviation (TCCA) 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 August 24, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 24, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact 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. 
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-2021-0031.

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-
0031; 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, 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.

FOR FURTHER INFORMATION CONTACT: Siddeeq Bacchus, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7362; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 38224]]

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2020-42, issued October 16, 2020 (TCCA AD CF-2020-42) (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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM published in the Federal Register on February 24, 2021 (86 FR 
11173). The NPRM was prompted by reports of corrosion on the waste box, 
waste access doubler, and waste service door of the rear fuselage due 
to contamination from waste valve leakage. The NPRM proposed to require 
an inspection for corrosion of the waste box, waste access doubler, and 
waste service door, and corrective actions if necessary, as specified 
in TCCA AD CF-2020-42.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Require Additional Service Information

    Delta Air Lines (DAL) asked that Airbus Canada Service Bulletin 
BD500-383004, Issue No. 001, dated January 29, 2021, also be mandated 
either in the proposed AD or in additional rulemaking by the FAA and 
TCCA. DAL stated that the proposed AD, as written, does not address the 
root cause of the corrosion, which is leakage from the waste disposal 
ball valve. DAL added that the actions specified in the proposed AD 
will act as an effective method of ensuring that existing corrosion is 
identified and addressed, but do not address the root cause of the 
corrosion. DAL stated that Airbus Canada Service Bulletin BD500-383004 
would address that root cause by providing instructions for the 
retrofit of an improved valve, which resists leakage more effectively 
than the valve with the original configuration. DAL noted that if fluid 
leakage from the waste servicing system is the root cause for corrosion 
of the fuselage, proactive retrofit of the ball valve to the improved 
configuration would properly address that root cause.
    The FAA does not agree with the commenter. The FAA is currently 
reviewing Airbus Canada Service Bulletin BD500-383004, Issue No. 001, 
dated January 29, 2021, and gathering more information about the new 
valve. After completing this review the FAA might consider further 
rulemaking. The FAA has not changed this AD in this regard.

Request To Clarify Exception to TCCA AD CF-2020-42

    DAL asked for clarification that the exception identified in 
paragraph (h) of the proposed AD does not deviate from the TCCA AD. DAL 
stated that TCCA AD CF-2020-42 and Airbus Canada Service Bulletin 
BD500-536004, Issue No. 001, dated August 13, 2020, both include 
instructions for implementation of corrective action to documented 
discrepancies, and neither include any allowance to defer the 
corrective action beyond the maintenance opportunity in which the 
inspection is performed and the corrosion is documented.
    The FAA disagrees that this AD does not deviate from the TCCA AD. 
Paragraph (h) of this AD is included as an exception to the MCAI 
because the TCCA AD does not explicitly state in the ``Compliance'' or 
``Corrective Actions'' sections that when corrosion is found, the 
corrective action of corrosion repair must be done before further 
flight. The inclusion of paragraph (h) of this AD requires that the 
corrective action is done ``before further flight'' after detection of 
corrosion, as identified in the applicable service information 
specified in TCCA AD CF-2020-42, instead of the compliance time 
specified in TCCA AD CF-2020-42 for all applicable actions. The FAA has 
revised paragraph (h) of this AD to specify that the corrective action 
(corrosion repair) must be done before further flight after corrosion 
is detected.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2020-42 describes procedures for a general visual 
inspection for corrosion of the waste box, waste access doubler, and 
waste service door 146BR of the rear fuselage; application of 
protective coating in the waste box area; and corrective actions. The 
corrective actions include repair of any corrosion found. 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.

Costs of Compliance

    The FAA estimates that this AD affects 28 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680...........................              $0             $680          $19,040
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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.

[[Page 38225]]

This regulation is within the scope of that authority because it 
addresses an unsafe condition that is likely to exist or develop on 
products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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:

2021-13-20 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-21625; Docket No. FAA-2021-0031; 
Project Identifier MCAI-2020-01420-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 24, 2021.

(b) Affected 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-2020-42, issued October 16, 2020 
(TCCA AD CF-2020-42).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of corrosion on the waste box, 
waste access doubler, and waste service door of the rear fuselage 
due to contamination from waste valve leakage. The FAA is issuing 
this AD to address this corrosion, which could lead to cracking or 
holes in the waste box or airplane skin, and consequent cabin 
pressure leakage and catastrophic structural damage 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, TCCA AD CF-2020-42.

 (h) Exception to TCCA AD CF-2020-42

    Where TCCA AD CF-2020-42 specifies a compliance time of ``Within 
14,200 flight cycles or 56 months from the aeroplane date of 
manufacture, as identified on the identification plate of the 
aeroplane'' or ``Within 9,900 flight cycles or 56 months from the 
aeroplane date of manufacture, as identified on the identification 
plate of the aeroplane,'' depending on airplane configuration, to 
accomplish all applicable actions, this AD requires that corrosion 
repair be done before further flight after detection of corrosion, 
as identified in the applicable service information specified in 
TCCA AD CF-2020-42.

 (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 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

    For more information about this AD, contact Siddeeq Bacchus, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7362; fax 516-794-5531; email 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (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 as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada Civil Aviation (TCCA) AD CF-2020-42, issued 
October 16, 2020.
    (ii) [Reserved]
    (3) For TCCA AD CF-2020-42, contact 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.
    (4) 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-2021-0031.
    (5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-15346 Filed 7-19-21; 8:45 am]
BILLING CODE 4910-13-P