[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Proposed Rules]
[Pages 45709-45712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16099]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0981; Project Identifier MCAI-2022-00032-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 certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by reports of flight 
control (horizontal stabilizer, rudder, and elevator) decals degrading 
and peeling (damage), reports of operators painting over these decals, 
and reports that procedures to replace these decals were inaccurate, 
potentially causing incorrect positioning of replacement decals. This 
proposed AD would require inspecting the left and right horizontal 
stabilizer decals for visibility and damage; and for certain airplanes, 
inspecting the rudder and left and right elevator decals for visibility 
and damage; and doing applicable corrective actions, 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 September 
12, 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 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 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 www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0981.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0981; 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: Gabriel Kim, Aerospace Engineer, 
Mechanical Systems and Administrative

[[Page 45710]]

Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; 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-2022-0981; Project Identifier 
MCAI-2022-00032-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 
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 
Gabriel Kim, 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; 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-2022-01, dated January 7, 2022 (TCCA AD CF-2022-01) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 
airplanes.
    This proposed AD was prompted by reports of flight control decals 
degrading and peeling, reports of operators painting over these decals, 
and reports that procedures to replace these decals were inaccurate, 
potentially causing incorrect positioning of replacement decals. An 
investigation determined that the degradation and peeling of the flight 
control decals was caused by an incorrect clear protective coating 
being applied during production, and that flight control decals were 
being painted over because of unclear in-service procedures. 
Additionally, the in-service procedures used for replacing these decals 
were not accurate, potentially causing incorrect positioning of the 
replacement decals. The in-service procedures were revised to clearly 
state that the flight control decals are to be masked prior to 
painting, and to ensure the flight control decals are properly placed 
going forward.
    The FAA is proposing this AD to address flight control decals that 
are damaged or incorrectly positioned, which could introduce rigging 
offset of flight control surfaces, and when combined with other 
failures or severe maneuvers, could result in loss of flight control 
surface effectiveness or structural loading that exceeds the airframe's 
capability. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    TCCA CF-2022-01 specifies procedures for inspecting the left and 
right horizontal stabilizer decals for visibility and damage, and 
corrective actions. For certain airplanes, TCCA CF-2022-01 specifies 
procedures for inspecting the rudder and left and right elevator decals 
for visibility and damage. The corrective actions include replacing, 
restoring, and preserving the condition and placement of the flight 
control decals, and re-rigging the rudder and elevator control 
surfaces. 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-2022-01 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-2022-01 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
TCCA AD CF-2022-01 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Service information required by TCCA AD CF-2022-01 
for compliance will be available at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0981 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 56 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 45711]]



                                      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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10 work-hours x $85 per hour = $850..........................              $0             $850          $47,600
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                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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4 work-hours x $85 per hour = $340....            $220             $560
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition re-rigging actions specified in this 
proposed AD.
    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.

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-2022-0981; Project Identifier MCAI-2022-00032-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 12, 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-2022-01, dated January 7, 2022 
(TCCA AD CF-2022-01).

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and 
markings.

(e) Unsafe Condition

    This AD was prompted by reports of flight control (horizontal 
stabilizer, rudder, and elevator) decals degrading and peeling 
(damage), reports of operators painting over these decals, and 
reports that procedures to replace these decals were inaccurate, 
potentially causing incorrect positioning of replacement decals. The 
FAA is issuing this AD to address flight control decals that are 
damaged or incorrectly positioned, which could introduce rigging 
offset of flight control surfaces, and when combined with other 
failures or severe maneuvers, could result in loss of flight control 
surface effectiveness or structural loading that exceeds the 
airframe's capability.

(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-2022-01.

(h) Exceptions to TCCA AD CF-2022-01

    (1) Where TCCA AD CF-2022-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where TCCA AD CF-2022-01 refers to ``hours air time,'' this 
AD requires using ``flight hours.''

(i) Additional 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. Before using any 
approved AMOC, notify your appropriate principal

[[Page 45712]]

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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(j) Related Information

    (1) For TCCA AD CF-2022-01, 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 
www.regulations.gov by searching for and locating Docket No. FAA-
2022-0981.
    (2) For more information about this AD, contact Gabriel Kim, 
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; email 
[email protected].

    Issued on July 22, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-16099 Filed 7-28-22; 8:45 am]
BILLING CODE 4910-13-P