[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Rules and Regulations]
[Pages 7027-7029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02546]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0444; Project Identifier MCAI-2020-01601-T; 
Amendment 39-21904; AD 2022-02-07]
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.

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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 wear damage found 
between the bonding clamps and the fuel feed tubes inside the left- and 
right-hand fuel tanks. This AD requires repetitive inspections of the 
fuel feed tubes for damage, replacement if necessary, and modification 
of the fuel feed line installation inside the left- and right-hand fuel 
tanks, which would terminate the repetitive inspections, 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 March 15, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 15, 
2022.

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 at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0444.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0444; 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, the 
mandatory continuing airworthiness information (MCAI), 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: Joseph Catanzaro, Aviation Safety 
Engineer, Airframe & Propulsion Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7366; 
fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2019-19R1, issued November 1, 2019 (TCCA AD CF-2019-19R1) (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 May 28, 2021 (86 FR 28719). 
The NPRM was prompted by reports of wear damage found between the 
bonding clamps and the fuel feed tubes inside the left- and right-hand 
fuel tanks. The NPRM proposed to require repetitive inspections of the 
fuel feed tubes for damage, replacement if necessary, and modification 
of the fuel feed line installation inside the left- and right-hand fuel 
tanks, which would terminate the repetitive inspections, as specified 
in TCCA AD CF-2019-19R1.
    The FAA is issuing this AD to address failure of certain fuel feed 
tubes, which could lead to a severe fuel imbalance or fuel starvation 
of one engine, or in the event of the failure of multiple fuel tubes 
feeding both engines, could result in an in-flight shutdown of both 
engines. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines (DAL). 
The following presents the comment received on the NPRM and the FAA's 
response.

Request for an Optional Method of Compliance

    DAL asked that the FAA add an optional method of compliance to the 
proposed AD. DAL recommended an additional exception be added in 
paragraph (h)(5) of the proposed AD to specify that: ``It is acceptable 
to accomplish Airbus Canada Limited Partnership Service Bulletin BD500-
282004, Issue No. 001, dated August 30, 2019, concurrently with Airbus 
Canada Limited Partnership Service Bulletin BD500-282005, Issue No. 
001, dated August 30, 2019, as terminating action for Part I and Part 
II of TCCA AD CF-2019-19R1.'' DAL stated that Airbus Canada Limited 
Partnership Service Bulletin BD500-282005 (which is not required by the 
proposed AD) also modifies the fuel feed system. DAL noted that doing 
the service bulletins

[[Page 7028]]

concurrently would require reordering and eliminating steps from the 
service information. DAL stated that these changes would not alter the 
final configuration of Airbus Canada Limited Partnership Service 
Bulletin BD500-282004, Issue No. 001, dated August 30, 2019. DAL noted 
the changes simply allow these modifications to be done concurrently. 
DAL concluded that both service bulletins are FAA approved.
    The FAA disagrees with the commenter's request. An operator may 
always do additional work while performing tasks required by an AD 
without the need for an exemption or an alternate method of compliance 
(AMOC), as long as those tasks do not impact compliance with the AD. 
However, in this case, DAL is proposing to reorder or eliminate certain 
steps in the required service information. Although DAL provided some 
information, it did not provide sufficient data to allow the FAA to 
conclusively determine that the proposed changes would provide an 
acceptable level of safety. In addition, the FAA does not consider it 
appropriate to include provisions in an AD applicable only to a single 
operator's unique use of required service information. However, under 
the provisions of paragraph (j)(1) of this AD, the FAA will consider 
requests for an AMOC. Therefore, the FAA has not changed this AD in 
this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2019-19R1 describes procedures for repetitive 
inspections of the fuel feed tubes for damage, replacement if any 
damage is found, and modification of the fuel feed line installation 
inside the left- and right-hand fuel tanks, which would terminate the 
repetitive inspections.
    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.

Interim Action

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

Costs of Compliance

    The FAA estimates that this AD affects 46 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 91 work-hours x $85 per hour =   Up to $15,265..........  Up to $23,000..........  Up to $1,058,000.
 Up to $7,735.
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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
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3 work-hours x $85 per hour =     Up to $77,000.....  Up to $77,255.
 $255.
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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

    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.

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 7029]]

Sec.  39.13  [Amended]

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

2022-02-07 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-21904; Docket No. FAA-2021-0444; 
Project Identifier MCAI-2020-01601-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 15, 2022.

(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-2019-19R1, issued November 1, 
2019 (TCCA AD CF-2019-19R1).

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of wear damage found between the 
bonding clamps and the fuel feed tubes inside the left- and right-
hand fuel tanks. In one incident, the wear damage resulted in a hole 
in the main engine fuel feed tube located in the collector tank, and 
subsequent fuel imbalance during flight. The FAA is issuing this AD 
to address failure of certain fuel feed tubes, which could lead to a 
severe fuel imbalance or fuel starvation of one engine, or in the 
event of the failure of multiple fuel tubes feeding both engines, 
could result in an in-flight shutdown of both engines.

(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-2019-19R1.

(h) Exceptions to TCCA AD CF-2019-19R1

    (1) Where TCCA AD CF-2019-19R1 refers to the effective date of 
TCCA AD CF-2019-19 (May 27, 2019), this AD requires using the 
effective date of this AD.
    (2) Where TCCA AD CF-2019-19R1 refers to its effective date, 
this AD requires using the effective date of this AD.
    (3) Where TCCA AD CF-2019-19R1 refers to hours air time, this AD 
requires using flight hours.
    (4) Where TCCA AD CF-2019-19R1 specifies rectifying ``any noted 
discrepancy,'' for this AD discrepancies are ``damage, cracks, 
scores, scratches, nicks, and gouges.''

(i) No Reporting Requirement

    Although the service information referenced in TCCA AD CF-2019-
19R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) 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.

(k) Related Information

    For more information about this AD, contact Joseph Catanzaro, 
Aviation Safety Engineer, Airframe & Propulsion Section, FAA, New 
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7366; fax 516-794-5531; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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-2019-19R1, 
issued November 1, 2019.
    (ii) [Reserved]
    (3) For TCCA AD CF-2019-19R1, 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.
    (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 January 7, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02546 Filed 2-7-22; 8:45 am]
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