[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74527-74530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26410]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1566; Project Identifier MCAI-2022-00290-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 mechanical 
wear damage found on the engine fuel feed system tubes and fuel tube 
connections. This proposed AD would require repetitive inspections of 
the fuel feed system for damage and replacement if necessary, as 
specified in a Transport Canada AD, which is proposed for incorporation 
by reference (IBR). 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 January 20, 
2023.

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-2022-1566; 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:

[[Page 74528]]

     For material that is proposed for IBR in this NPRM contact 
Transport Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; website tc.canada.ca/en/aviation. It is 
also available at regulations.gov under Docket No. FAA-2022-1566.
     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: 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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1566; Project Identifier 
MCAI-2022-00290-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 
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 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

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-08, dated March 3, 2022 (Transport 
Canada AD CF-2022-08) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for 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. The MCAI states 
there have been several in-service findings of mechanical wear damage 
on the engine fuel feed system tubes and fuel tube connections on 
airplanes that are ``post-SB BD500-282004'' or that have the production 
equivalent. Transport Canada AD CF-2019-19R1, dated November 1, 2019 
(Transport Canada AD CF-2019-19R1), among other actions, mandates 
modifying the fuel feed line installations in the fuel collector tanks 
using ACLP Service Bulletin BD500-282004, Issue 1, dated August 30, 
2019. Transport Canada AD CF-2019-19R1 corresponds to FAA AD 2022-02-
07, Amendment 39-21904 (87 FR 7027, February 8, 2022).
    This proposed AD would require repetitive inspections of the fuel 
feed system for damage and replacement if necessary, as specified in 
Transport Canada AD CF-2022-08, which is proposed for incorporation by 
reference. The FAA is proposing this AD to address mechanical wear 
damage on the engine fuel feed system tubes and fuel tube connections. 
The unsafe condition, if not addressed, could result in failure of the 
affected fuel tubes and subsequent failure of the gravity transfer 
system, which could lead to a fuel imbalance resulting in a reduction 
in aircraft functional capabilities and increased crew workload. See 
the MCAI for additional background information.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1566.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-08 specifies procedures for repetitive 
general visual inspections for mechanical wear damage (damage includes 
cracks, scores, scratches, nicks, and gouges) of the fuel feed system 
(the fuel feed tubes, related attaching hardware, and the area where 
the saddle clamp was installed), and rectification, such as replacement 
if any discrepancy is found after measuring any damage found during any 
inspection.
    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 ADDRESSES.

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 
described 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 Transport Canada AD CF-2022-08 described previously, as incorporated 
by reference, except for any group 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 Transport Canada AD CF-2022-08 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2022-08 in its entirety through 
that incorporation,

[[Page 74529]]

except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Service information required by Transport 
Canada AD CF-2022-08 for compliance will be available at 
regulations.gov under Docket No. FAA-2022-1566 after the FAA final rule 
is published.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
This AD is considered interim action and further AD action may follow.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 69 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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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74 work-hours x $85 per hour = $6,290........................              $0           $6,290         $434,010
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                 Estimated Costs of On-Condition Actions
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           Labor cost               Parts cost       Cost per  product
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7 work-hours x $85 per hour =           $57,284   Up to $57,879.
 $595.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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-2022-1566; Project Identifier MCAI-2022-00290-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 20, 2023.

(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.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of mechanical wear damage on the 
engine fuel feed system tubes and fuel tube connections. The FAA is 
issuing this AD to address mechanical wear damage on the engine fuel 
feed system tubes and fuel tube connections. The unsafe condition, 
if not addressed, could result in failure of the affected fuel tubes 
and subsequent failure of the gravity transfer system, which could 
lead to a fuel imbalance resulting in a reduction in aircraft 
functional capabilities and increased crew workload.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (g) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada AD CF-2022-08, dated March 3, 
2022. (Transport Canada AD CF-2022-08).

(h) Exception to Transport Canada AD CF-2022-08

    (1) Where Transport Canada AD CF-2022-08 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where paragraph B. of Part 1 of Transport Canada AD CF-2022-
08 specifies a compliance time for accomplishing the inspection, for 
this AD, the inspection must

[[Page 74530]]

be done at the time specified in paragraph (h)(2)(i) or (ii) of this 
AD, whichever occurs later.
    (i) The compliance time specified in paragraph B. of Part 1 of 
Transport Canada AD CF-2022-08.
    (ii) Within 60 flight hours or 7 days after the effective date 
of this AD, whichever occurs first.
    (3) Where paragraph B. of part II of Transport Canada AD CF-
2022-08 specifies a compliance time for accomplishing the 
inspection, for this AD, the inspection must be done at the time 
specified in paragraph (h)(3)(i) or (ii) of this AD, whichever 
occurs later.
    (i) The compliance time specified in paragraph B. of Part II of 
Transport Canada AD CF-2022-08.
    (ii) Within 60 flight hours or 7 days after the effective date 
of this AD, whichever occurs first.
    (4) Where Transport Canada AD CF-2022-08 refers to hour's air 
time, this AD requires using flight hours.
    (5) Where Transport Canada AD CF-2022-08 specifies to ``rectify 
any discrepancy'' for this AD, replace the text ``rectify any 
discrepancy'' with ``if any mechanical wear damage is found on which 
the measured damage is within the specifications identified in ACLP 
SB BD500-282006, before further flight replace the affected part.''

(i) No Reporting Requirement

    Although the service information referenced in Transport Canada 
AD CF-2022-08 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 the attention of the person identified in 
paragraph (k) of this AD. Information may be emailed to: [email protected] 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; or Airbus Canada Limited 
Partnership (Type Certificate Previously Held by C Series Aircraft 
Limited Partnership (CSALP); Bombardier, Inc.) Transport Canada 
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 
paragraphs (i) and (j)(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.

(k) Additional 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].

(l) 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.
    (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 AD CF-2022-08, dated March 3, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-08, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; website tc.canada.ca/en/aviation.
    (4) 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.
    (5) 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 November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26410 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P