[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Rules and Regulations]
[Pages 50560-50563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17789]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T;
Amendment 39-22137; AD 2022-16-08]
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 Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a dual-engine automatic
shutdown on landing. This AD requires revising the existing airplane
flight manual (AFM) to incorporate a new normal procedure and revised
non-normal procedures, 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 becomes effective September 1, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 1,
2022.
The FAA must receive comments on this AD by October 3, 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 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 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-2022-0990.
Examining the AD Docket
You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0990; 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, 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: 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; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0990; Project Identifier MCAI-
2022-00372-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.
[[Page 50561]]
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
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; 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-2022-11, dated March 17, 2022 (TCCA AD CF-2022-11) (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.
TCCA AD CF-2022-11 supersedes TCCA AD CF-2021-44, dated December 2,
2021.
This AD was prompted by a dual-engine automatic shutdown on landing
experienced by a Model BD-500-1A11 airplane. The crew successfully
stopped the airplane with degraded systems and functions. An
investigation is ongoing to determine the root cause, but preliminary
findings of this event indicate that erroneous uncontrolled high thrust
(UHT) detection can occur above 16,000 feet when the thrust lever is
manually and abruptly \1\ moved towards the idle position. Based on the
preliminary findings from the ongoing investigation, and as a result of
extensive subsequent communication with TCCA and Airbus Canada to
determine the extent and urgency of the identified unsafe condition,
the FAA is issuing this AD, which corresponds to TCCA AD CF-2022-11.
TCCA AD CF-2022-11 is an interim action that includes revising the
existing AFM by incorporating new AFM operating procedures to mitigate
any UHT event--which can result in, for example, stall on the runway or
loss of braking on landing--that may occur until the investigation is
complete. The FAA is issuing this AD to address an erroneous UHT
detection in flight, which would result in engine shutdown on landing
with or without indications or crew alerting system messages displayed
before landing, and, in the case of an automatic dual-engine shutdown
upon landing, could result in loss of braking, loss of control of the
airplane, and a runway excursion. See the MCAI for additional
background information.
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\1\ See definition of abrupt throttle movement in Figure 1 of
TCCA AD CF-2022-11.
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Related Service Information Under 1 CFR Part 51
TCCA AD CF-2022-11 specifies procedures for revising the existing
AFM to incorporate a new normal procedure for low-altitude descent
check (below 16,000 feet) and revised non-normal procedures for ``L
THROTTLE FAIL'' and ``R THROTTLE FAIL.'' These procedures, which are
specified in paragraph D of TCCA AD CF-2022-11, replace the interim
procedures introduced by TCCA AD CF-2021-44; those interim procedures
are specified in paragraphs A and B of TCCA AD CF-2022-11. 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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of these same type designs.
Requirements of This AD
This AD requires accomplishing actions specified in paragraph D of
TCCA AD CF-2022-11 described previously.
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-2022-11 is incorporated by reference in this AD. This AD
requires compliance with certain actions in TCCA AD CF-2022-11 through
that incorporation. Service information required by TCCA AD CF-2022-11
for compliance will be available at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0990 after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
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 forgoing notice and comment prior to adoption of this rule
because an erroneous UHT detection in flight would result in engine
shutdown on landing with or without indications or CAS messages
displayed before landing. An automatic dual-engine shutdown upon
landing could result in loss of braking, loss of control of the
airplane, and a runway excursion. Accordingly, notice and opportunity
for prior public comment are impracticable and contrary to the
[[Page 50562]]
public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
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 69 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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1 work-hour x $85 per hour = $85............................. $0 $85 $5,865
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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, 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.
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:
2022-16-08 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22137; Docket No. FAA-2022-0990;
Project Identifier MCAI-2022-00372-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 1,
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-2022-11, dated March 17, 2022
(TCCA AD CF-2022-11).
(d) Subject
Air Transport Association (ATA) of America Code 72, Turbine/
turboprop engine.
(e) Unsafe Condition
This AD was prompted by a report of a dual-engine automatic
shutdown on landing. The FAA is issuing this AD to address an
erroneous uncontrolled high thrust detection in flight, which would
result in engine shutdown on landing with or without indications or
crew alerting system messages displayed before landing, and, in the
case of an automatic dual-engine shutdown upon landing, could result
in loss of braking, loss of control of the airplane, and a runway
excursion.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Within 120 days from the effective date of this AD, revise the
existing airplane flight manual (AFM) in accordance with paragraph D
of TCCA AD CF-2022-11.
(h) 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; telephone 516-228-7300. 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.
(i) 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; email [email protected].
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
[[Page 50563]]
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-2022-11, dated
March 17, 2022.
(ii) [Reserved]
(3) For TCCA AD CF-2022-11, contact TCCA, Transport Canada
National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone 888-663-3639; email [email protected]; internet 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 www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-17789 Filed 8-15-22; 4:15 pm]
BILLING CODE 4910-13-P