[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42696-42698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16563]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0019; Project Identifier MCAI-2020-01388-T; 
Amendment 39-21649; AD 2021-15-02]
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.

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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 deficiencies in the 
primary flight control computer (PFCC) software and the remote 
electronics unit (REU) software. This AD requires 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 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective September 9, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 9, 
2021.

ADDRESSES: For TCCA 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-2021-0019.
    For the Airbus Canada material identified in this AD that is not 
incorporated by reference, contact Bombardier, Inc., 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-5000; fax 514-855-7401; email [email protected]; internet 
https://www.bombardier.com.

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 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: 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:

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
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.
    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 
11178). The NPRM was prompted by reports of deficiencies in the PFCC 
and REU software. The NPRM proposed to require installation of a 
software update to correct deficiencies in the PFCC and REU software, 
as specified in TCCA AD CF-2020-36.
    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. See the MCAI for additional 
background information.

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

[[Page 42697]]

comment. Air Line Pilots Association, International (ALPA) expressed 
support for the NPRM.

Request To Clarify Software Installation Requirements

    Delta Air Lines (Delta) requested that paragraphs (h)(3) and (4) be 
added to the proposed AD to clarify that it is acceptable to use a 
different method of upgrading the REU and PFCC with the specified 
software, using Airbus Canada Service Bulletin (SB) BD500-270013, Issue 
001, dated July 17, 2020, only as a reference. Delta explained that it 
has a different policy for installing PFCC software that requires the 
use of a Portable Maintenance Access Terminal (PMAT), model PMAT2000, 
instead of a USB device.
    The FAA partially agrees with the proposed changes. The FAA agrees 
to clarify that the PMAT method is permitted, but the FAA will not 
require the use of a specific model of PMAT. Also, using the service 
information as a reference must be specified in a note rather than in 
the paragraph itself. Therefore, a single paragraph (h)(3) has been 
added to this AD to provide this clarification, and a note has been 
added regarding the use of Airbus Canada Service Bulletin (SB) BD500-
270013, Issue 001, dated July 17, 2020, as a reference.

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 with the changes described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

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 prerequisites (installing 
certain database versions and software) that must be met prior to the 
installation. 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 38 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

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

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. 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

    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:

2021-15-02 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-21649; Docket No. FAA-2021-0019; 
Project Identifier MCAI-2020-01388-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 9, 
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 Transport Canada Civil Aviation (TCCA) AD CF-2020-36, 
dated October 8, 2020 (TCCA AD CF-2020-36).

[[Page 42698]]

(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) software 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 prerequisites 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.
    (3) Where TCCA AD CF-2020-36 specifies installing software 
updates on the PFCCs using a USB-type device, this AD also allows 
the use of a portable maintenance access terminal (PMAT)-type 
device.
    Note 1 to paragraph (h)(3): When using a PMAT-type device, 
guidance for upgrading the software can be found in Airbus Canada 
Service Bulletin (SB) BD500-270013, Issue 001, dated July 17, 2020.

(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 the attention of the person identified in 
paragraph (j)(1) of this AD. Information may be emailed to: [email protected]. 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 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 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].
    (2) For Airbus Canada service information identified in this AD, 
which is not incorporated by reference, contact Bombardier, Inc., 
400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, 
Canada; telephone 514-855-5000; fax 514-855-7401; email 
[email protected]; internet https://www.bombardier.com. 
This Airbus Canada service information is available also at the 
address specified in paragraph (k)(4) of this AD.

(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-2020-36, dated 
October 8, 2020.
    (ii) [Reserved]
    (3) For TCCA AD CF-2020-36, contact 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-2021-0019.
    (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 July 8, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-16563 Filed 8-4-21; 8:45 am]
BILLING CODE 4910-13-P