[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67845-67849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2022-23012]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1308; Project Identifier MCAI-2022-00532-T]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership (Type 
Certificate Previously Held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Airplanes

    Editorial Note:  Proposed rule document 2022-23012 was 
originally published on pages 65538 through 65541 in the issue of 
Monday, October 31, 2022. In that publication on page 65541, in the 
second column, under the ``(m) Material Incorporated by Reference'' 
heading, paragraph ``(3)'', ``December 5, 2022'' should read ``[DATE 
35 DAYS AFTER

[[Page 67846]]

PUBLICATION OF THE FINAL RULE]''. The corrected document is 
published here in its entirety.
AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-04-05, which applies to certain Airbus Canada Limited Partnership 
Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2021-04-05 requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2021-04-05, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would continue to require the actions in AD 2021-04-05 and require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. 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 December 
15, 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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1308; 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.
    Material Incorporated by Reference:
     For service information identified in this NPRM, contact 
Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, 
Mirabel, Qu[eacute]bec J7N 3C6, Canada; telephone 450-476-7676; email 
[email protected]; website a220world.airbus.com.
     You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1308; Project Identifier 
MCAI-2022-00532-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 
the 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 
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, 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

    The FAA issued AD 2021-04-05, Amendment 39-21426 (86 FR 10799, 
February 23, 2021) (AD 2021-04-05), which applies to certain Airbus 
Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. 
AD 2021-04-05 requires revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. AD 2021-04-05 resulted from a determination 
that new or more restrictive airworthiness limitations are necessary. 
The FAA issued AD 2021-04-05 to address reduced structural integrity of 
the airplane or reduced controllability of the airplane.

Actions Since AD 2021-04-05 Was Issued

    Since the FAA issued AD 2021-04-05, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2022-18, dated April 14, 
2022 (TCCA AD CF-2022-18) (also referred to after this as the MCAI), to 
correct an unsafe condition for certain Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. Airplanes with 
an original airworthiness certificate or original export certificate of 
airworthiness issued after February 3, 2022, must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability.
    You may examine the MCAI in the AD docket at regulations.gov by 
searching for and locating Docket No. FAA-2022-1308.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane.

Related Service Information Under 1 CFR Part 51

    Airbus Canada Limited Partnership has issued A220 Airworthiness

[[Page 67847]]

Limitations, BD500-3AB48-11400-02, Issue 014.00, dated February 3, 
2022. This service information describes airworthiness limitations for 
fuel tank systems, safe life limits, and certification maintenance 
requirements.
    This proposed AD would also require Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, Issue 
011.00, dated June 18, 2020, which the Director of the Federal Register 
approved for incorporation by reference as of March 30, 2021 (86 FR 
10799, February 23, 2021).
    This service information 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 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 2021-
04-05. This proposed AD would require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Revising the existing 
maintenance or inspection program as proposed in this AD would 
terminate the retained requirements from AD 2021-04-05 in paragraph (g) 
of this proposed AD, for Sections 01, ``Airworthiness limitations--
Introduction;'' 02, ``Certification maintenance requirements--
General;'' 04, ``ALI structural inspections--General;'' 05, ``Life 
limited parts (systems)--General;'' 06, ``Life limited parts 
(structures)--General;'' 07, ``Fuel system limitations--General;'' 08, 
``Critical design configuration control limitations--General;'' 09, 
``Power plant limitations--General;'' 10, ``Structural repair 
limitations--General;'' and 11, ``Limit of validity--General;'' of 
Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 011.00, dated June 18, 2020, only.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(k)(1) of this proposed AD.

Differences Between This Proposed AD and the MCAI

    TCCA AD CF-2022-18 specifies to incorporate all sections of the 
airworthiness limitations document. This proposed AD would not require 
the incorporation of Section 03, ``Candidate CMR limitations--
General,'' of Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 014.00, dated February 3, 
2022. However, this proposed AD would continue to require the 
incorporation of Section 03, ``Candidate CMR limitations--General,'' of 
Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 011.00, dated June 18, 2020.

Costs of Compliance

    The FAA estimates that this proposed AD affects 70 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2021-04-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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:

[[Page 67848]]

0
a. Removing Airworthiness Directive (AD) 2021-04-05, Amendment 39-21426 
(86 FR 10799, February 23, 2021); and
0
b. Adding the following new AD:

Airbus Canada Limited Partnership (Type Certificate Previously Held 
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): 
Docket No. FAA-2022-1308; Project Identifier MCAI-2022-00532-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 15, 2022.

(b) Affected ADs

    This AD replaces AD 2021-04-05, Amendment 39-21426 (86 FR 10799, 
February 23, 2021) (AD 2021-04-05).

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership airplanes, 
certificated in any category, as identified in paragraphs (c)(1) and 
(2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before February 3, 
2022.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before February 3, 
2022.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2021-04-05, with a new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before June 18, 2020: Within 90 days 
after March 30, 2021 (the effective date of AD 2021-04-05), revise 
the existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 011.00, dated June 18, 2020. The initial compliance time for 
doing the tasks is at the time specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 011.00, dated June 18, 2020, or within 90 days after March 30, 
2021, whichever occurs later. Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (i) 
of this AD terminates the requirements of this paragraph for 
Sections 01, ``Airworthiness limitations--Introduction;'' 02, 
``Certification maintenance requirements--General;'' 04, ``ALI 
structural inspections--General;'' 05, ``Life limited parts 
(systems)--General;'' 06, ``Life limited parts (structures)--
General;'' 07, ``Fuel system limitations--General;'' 08, ``Critical 
design configuration control limitations--General;'' 09, ``Power 
plant limitations--General;'' 10, ``Structural repair limitations--
General;'' and 11, ``Limit of validity--General;'' of Airbus Canada 
Limited Partnership A220 Airworthiness Limitations, BD500-3AB48-
11400-02, Issue 011.00, dated June 18, 2020, only.

(h) Retained No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2021-04-05, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections), intervals, or CDCCLs may be 
used unless the actions, intervals, and CDCCLs are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Sections 01, 
``Airworthiness limitations--Introduction;'' 02, ``Certification 
maintenance requirements--General;'' 04, ``ALI structural 
inspections--General;'' 05, ``Life limited parts--General;'' 06, 
``Fuel system limitations--General;'' 07, ``Critical design 
configuration control limitations--General;'' 08, ``Power plant 
limitations--General;'' 09, ``Structural repair limitations--
General;'' and 10, ``Limit of validity--General;'' inclusive of 
Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 014.00, dated February 3, 2022. The 
initial compliance time for doing the tasks is at the time specified 
in Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 014.00, dated February 3, 2022, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    Accomplishing the revision of the existing maintenance or 
inspection program required by this paragraph terminates the actions 
required by paragraph (g) of this AD for Sections 01, 
``Airworthiness limitations--Introduction;'' 02, ``Certification 
maintenance requirements--General;'' 04, ``ALI structural 
inspections--General;'' 05, ``Life limited parts (systems)--
General;'' 06, ``Life limited parts (structures)--General;'' 07, 
``Fuel system limitations--General;'' 08, ``Critical design 
configuration control limitations--General;'' 09, ``Power plant 
limitations--General;'' 10, ``Structural repair limitations--
General;'' and 11, ``Limit of validity--General;'' of Airbus Canada 
Limited Partnership A220 Airworthiness Limitations, BD500-3AB48-
11400-02, Issue 011.00, dated June 18, 2020, only.

(j) New No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) 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 Transport Canada Civil Aviation (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.

(l) Additional Information

    (1) Refer to TCCA AD CF-2022-18, dated April 14, 2022, for 
related information. This TCCA AD may be found in the AD docket 
regulations.gov by searching for and locating Docket No. FAA-2022-
1308.
    (2) For more information about this AD, contact Gabriel Kim, 
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].

(m) 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.

[[Page 67849]]

    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
[DATE 35 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE].
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 014.00, dated February 3, 
2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
March 30, 2021 (86 FR 10799, February 23, 2021).
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500- 3AB48-11400-02, Issue 011.00, dated June 18, 
2020.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact 
Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, 
Mirabel, Qu[eacute]bec J7N 3C6, Canada; telephone 450-476-7676; 
email [email protected]; website a220world.airbus.com.
    (6) You may view this service information 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.
    (7) You may view this service information 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 October 17, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. R1-2022-23012 Filed 11-9-22; 8:45 am]
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