[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Proposed Rules]
[Pages 73194-73197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27833]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1076; Project Identifier MCAI-2021-00560-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 all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This proposed AD was prompted by reports of in-service 
findings of corrosion on the flange of the main landing gear (MLG) 
lower spindle pin. This proposed AD would require repetitive 
inspections of the left and right MLG lower spindle pins to detect 
corrosion, and applicable repair or replacement if necessary, 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 February 
10, 2022.

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 that will be 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-
1076.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-1076; 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, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, Aerospace Engineer, 
Mechanical Systems and Administrative

[[Page 73195]]

Services 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:

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-2021-1076; Project Identifier 
MCAI-2021-00560-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 
this 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 NPRM.

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 
Chirayu Gupta, Aerospace Engineer, Mechanical Systems and 
Administrative Services 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.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2021-22, issued July 5, 2021 (TCCA AD CF-2021-22) (also referred 
to as the Mandatory Continuing Airworthiness Information, or the MCAI), 
to correct an unsafe condition for all Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. TCCA AD CF-
2021-22 superseded TCCA AD CF-2021-18, dated May 6, 2021, to correct an 
error in a compliance time.
    This proposed AD was prompted by reports of in-service findings of 
corrosion on the flange of the MLG lower spindle pin. Investigation 
revealed that micro-fretting of the anti-rotation washer at the spindle 
pin flange surface causes abrasion of the protective coating, and 
leaves the flange area susceptible to corrosion. The MLG lower spindle 
pin is a principal structural element (PSE); if the corrosion 
progresses from the flange to the adjacent radius area, it can lead to 
low cycle fatigue (LCF) cracking. The FAA is proposing this AD to 
address corrosion and subsequent cracking of the MLG lower spindle pin, 
which could result in failure of the pin, and consequent collapse of 
the MLG. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2021-22 specifies procedures for repetitive inspections 
(including visual and liquid penetrant inspections and nondestructive 
tests) of the left and right MLG lower spindle pins for corrosion, and 
applicable repair or replacement of the MLG lower spindle pin. 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, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in TCCA AD CF-2021-22 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed 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, the 
FAA proposes to incorporate TCCA AD CF-2021-22 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
TCCA AD CF-2021-22 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in TCCA AD CF-2021-22 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Corrective Actions'' in TCCA AD CF-2021-22. Service 
information required by TCCA AD CF-2021-22 for compliance will be 
available at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-1076 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 would affect 51 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 73196]]



                                      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 25 work-hours x $85 per hour            $0  Up to $2,125................  Up to $108,375 per inspection
 = $2,125.                                                                       cycle.
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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 these on-condition actions:

                                    Estimated Costs of On-Condition Actions *
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               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 3 work-hours x $85 per hour = $255  Up to $33,038.....................  Up to $33,293.
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take 1 work-hour per product to 
comply with the on-condition reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $85 per product.
    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.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.

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-2021-1076; Project Identifier MCAI-2021-00560-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all 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.

[[Page 73197]]

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Unsafe Condition

    This AD was prompted by reports of in-service findings of 
corrosion on the flange of the main landing gear (MLG) lower spindle 
pin. The FAA is issuing this AD to address corrosion and subsequent 
cracking of the MLG lower spindle pin, which could result in failure 
of the pin, and consequent collapse of the MLG.

(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, Transport Canada Civil Aviation (TCCA) AD CF-2021-
22, issued July 5, 2021 (TCCA AD CF-2021-22).

(h) Exceptions to TCCA AD 2021-22

    (1) Where TCCA AD CF-2021-22 refers to May 20, 2021, the 
effective date of TCCA AD CF-2021-18, this AD requires using the 
effective date of this AD.
    (2) Where the service information identified in TCCA AD CF-2021-
22 specifies to report inspection results, for this AD, report only 
positive findings of the first four inspections at the applicable 
time specified in paragraph (h)(2)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) Additional 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; phone: 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 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-2021-22, 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 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 at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-1076.
    (2) For more information about this AD, contact Chirayu Gupta, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
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].

    Issued on December 16, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27833 Filed 12-23-21; 8:45 am]
BILLING CODE 4910-13-P