[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Rules and Regulations]
[Pages 44600-44603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17483]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0669; Project Identifier MCAI-2021-00314-T; 
Amendment 39-21690; AD 2021-17-07]
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: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Canada Model BD-500-1A10 and BD-500-1A11 airplanes. This 
AD was prompted by the potential for the flexible hose assembly of the 
fuel motive flow (MF), installed between the pylon and wing, to be 
installed twisted in the shroud, which can restrict the flow of fuel 
for the MF and cause fuel imbalance and damage to the shroud assembly. 
This AD requires inspecting for damage of the left and right MF fuel 
line assemblies (including the flexible-hose and shroud assemblies), 
and replacing damaged parts, as specified in a Transport Canada Civil 
Aviation (TCCA) AD, which is incorporated by reference. The FAA is 
issuing this AD

[[Page 44601]]

to address the unsafe condition on these products.

DATES: This AD becomes effective August 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 30, 
2021.
    The FAA must receive comments on this AD by September 27, 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 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 at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0669.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0669; 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 AD, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace 
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2021-09, dated March 11, 2021 (TCCA AD CF-2021-09) (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 AD was prompted by the determination that a new configuration 
of the pylon-to-wing area MF flexible fuel line assembly was introduced 
without revision or modification to the installation procedure, 
potentially resulting in a twisted MF flexible fuel line in the shroud. 
This can restrict the flow of fuel of the MF, which can cause fuel 
imbalance and possible damage including abrasion to the shroud 
assembly. The FAA is issuing this AD to address this condition, which 
could result in the consequent abrasion of the fuel line and a possible 
fuel leak; as a result, the electrical harness connectors in the wing 
area could be a potential ignition source and pose a risk of fire. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2021-09 describes procedures for a general visual 
inspection for damage (including permanent deformities) of the left and 
right MF fuel line assemblies (including the flexible-hose assembly and 
shroud assembly), and replacement of affected MF fuel line assemblies 
(including cleaning of the ends of the flexible-hose assembly, 
injecting grease at both ends of the flexible-hose assembly, and 
torqueing the aft end of the flexible-hose assembly). 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

    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 
referenced above. The FAA is issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in TCCA AD CF-
2021-09 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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
TCCA AD CF-2021-09 is incorporated by reference in this AD. This AD 
requires compliance with TCCA AD CF-2021-09 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Service information required by TCCA 
AD CF-2021-09 for compliance will be available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0669 after this AD is published.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because a twisted MF flexible fuel line in the shroud can restrict the 
flow of fuel of the MF and cause fuel imbalance and possible damage 
including abrasion to the shroud assembly and fuel line, resulting in a 
fuel leak; as a result, the electrical harness connectors in the wing 
area are a potential ignition source and pose a risk of fire. In 
addition, the compliance time for the required action is shorter than 
the time necessary for the public to comment and for publication of the 
final rule. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reasons stated above, the FAA finds that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-

[[Page 44602]]

2021-0669; Project Identifier MCAI-2021-00314-T'' at the beginning of 
your comments. The most helpful comments reference a specific portion 
of the final rule, 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 this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Jiwan 
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; 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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 5 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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7 work-hours x $85 per hour = $595...........................              $0             $595           $2,975
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition actions:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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0.5 work-hour x $85 per hour = $42.50.         $20,260       $20,302.50
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    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

    The FAA determined that 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, and
    (2) Will not affect intrastate aviation in Alaska.

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.

[[Page 44603]]

Sec.  39.13   [Amended]

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

2021-17-07 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-21690; Docket No. FAA-2021-0669; 
Project Identifier MCAI-2021-00314-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 30, 
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-2021-09, dated March 11, 2021 
(TCCA AD CF-2021-09).

(d) Subject

    Air Transport Association (ATA) of America Code 28, Aircraft 
fuel system.

(e) Reason

    This AD was prompted by the potential for the flexible hose 
assembly of the fuel motive flow (MF), installed between the pylon 
and wing, to be installed twisted in the shroud, which can restrict 
the flow of fuel for the MF and cause fuel imbalance and possible 
damage, including abrasion, to the shroud assembly. The FAA is 
issuing this AD to address this condition, which could result in 
abrasion of the fuel line and a possible fuel leak; as a result, the 
electrical harness connectors in the wing area could be a potential 
ignition source and pose a risk of fire.

(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-2021-09.

(h) Exception to TCCA AD CF-2021-09

    (1) Where TCCA AD CF-2021-09 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where TCCA AD CF-2021-09 specifies replacing MF fuel line 
assemblies, this AD requires that replacement before further flight 
after any damage (including any permanent deformity) is detected.

(i) No Return of Parts

    Although the service information referenced in TCCA AD CF-2021-
09 specifies to return certain parts to the manufacturer, this AD 
does not include that requirement.

(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; 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's TCCA Design Approval Organization (DAO). If approved by the 
DAO, the approval must include the DAO-authorized signature.

(k) Related Information

    For more information about this AD, contact Jiwan Karunatilake, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531; email [email protected].

(l) 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-2021-09, dated 
March 11, 2021.
    (ii) [Reserved]
    (3) For TCCA AD CF-2021-09, 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-2021-0669.
    (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 August 10, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-17483 Filed 8-11-21; 4:15 pm]
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