[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77487-77491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27390]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0882; Project Identifier MCAI-2021-01370-T; 
Amendment 39-22261; AD 2022-25-05]
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 a report that corrosion and 
wear were discovered on the slat tracks due to insufficient grease 
applied to the slat tracks during production. This AD requires 
repetitive cleaning and greasing of all slat tracks to prevent damage 
and corrosion; doing repetitive inspections of the slat tracks for any 
damage or corrosion, and the correct application of grease; and 
applicable corrective actions; as specified in a Transport Canada 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 January 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 23, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0882; 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, 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.
     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 
regulations.gov under Docket No. FAA-2022-0882.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, 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].

SUPPLEMENTARY INFORMATION:

Background

    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 July 21, 2022 (87 FR 43456). 
The NPRM was prompted by CF-2021-43, dated November 29, 2021, issued by 
Transport Canada, which is the aviation authority for Canada (Transport 
Canada AD CF-2021-43) (referred to after this as the MCAI). The MCAI 
states that corrosion and wear were discovered on the slat tracks due 
to insufficient grease applied to the slat tracks during production. 
The MCAI adds that corrosion and wear on the slat tracks could lead to 
loss of one or more slat panels or loss of slat track guidance and 
consequently cause catastrophic structural damage to the wings or other 
parts of the airplane due to slat panels departing from the airplane.

[[Page 77488]]

    In the NPRM, the FAA proposed to require repetitive cleaning and 
greasing of all slat tracks to prevent damage and corrosion; doing 
repetitive inspections of the slat tracks for any damage or corrosion, 
and the correct application of grease; and applicable corrective 
actions, as specified in Transport Canada AD CF-2021-43. The FAA is 
issuing this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0882.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Delta Air Lines (Delta). The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Remove or Extend Timeframe for Reporting Requirement

    Delta requested that the proposed AD be revised to not require 
reporting inspection results. Delta added that if reporting is 
required, the reporting timeframe should be extended to 90 days. Delta 
stated that Transport Canada AD CF-2021-43 was released in 2021 and 
Airbus Canada Limited Partnership has already received significant data 
from other operators. Delta added that continuing to require reporting 
does not provide additional safety. Delta further noted that the 30 day 
reporting compliance time in the proposed AD adds an unnecessary 
burden, and extending the compliance time to 90 days significantly 
reduces that burden.
    The FAA disagrees with the commenter's requests. Airbus Canada 
Limited Partnership is analyzing the inspection results to assist in 
their ongoing investigation and help determine if further corrective 
actions are needed. Regarding the compliance time, the FAA notes that 
Transport Canada AD CF-2021-43 specifies to report within 30 days, 
which aligns with the FAA's standard compliance time for inspection 
reports. The FAA and Airbus Canada concur with Transport Canada's 
decision. However, once this AD is published, any person may request 
approval of an AMOC under the provisions of paragraph (i)(1) of this 
AD. The FAA has not revised this AD regarding this issue.

Request To Clarify Grease Levels for Reporting

    Delta requested that if reporting is required, the FAA clarify what 
constitutes thick or thin levels of grease. Delta noted that Appendix 1 
of Spirit Service Bulletin 500SHW-57-4201, Issue 001, dated November 
17, 2021, specifies to report to specify whether the level of grease is 
thick or thin, but does not specify what measurements qualify as thick 
or thin.
    The FAA agrees to clarify. The FAA has added paragraph (h)(6) of 
this AD to specify the criteria for a thick or thin application of 
grease.

Request To Clarify the Intent of Paragraph (h)(4) of the Proposed AD

    Delta requested that the FAA clarify the intent of paragraph (h)(4) 
of the proposed AD. Delta added that it interprets the meaning to be 
that where Transport Canada AD CF-2021-43 states ``in accordance with 
the applicable SB and only Part B (or Part A) of the VSB'' it should be 
read as ``in accordance with only Part B (or Part A) of the VSB.'' 
Delta added that if its interpretation is incorrect, paragraph (h)(4) 
of the proposed AD should be rewritten to clearly emphasize the correct 
interpretation.
    The FAA agrees to clarify. Delta's interpretation of paragraph 
(h)(4) of this AD is correct. This AD requires using only the 
applicable part of ``the VSB [vendor service bulletin]'' as defined in 
Transport Canada AD CF-2021-43, instead of both ``the VSB'' and ``the 
applicable SB'' as defined in Transport Canada AD CF-2021-43. The FAA 
has revised paragraph (h)(4) of this AD to clarify.

Request To Clarify the Meaning of ``Vendor Service Information''

    Delta requested that paragraph (h)(3) of the proposed AD to clarify 
the meaning of ``vendor service information.'' Delta noted that it 
believes ``vendor service bulletin'' means Spirit Service Bulletin 
500SHW-57-4201, Issue 001, dated November 17, 2021, but Transport 
Canada AD CF-2021-43 does not use the phrase ``vendor service 
information.''
    The FAA agrees to clarify. The phrase ``vendor service bulletin'' 
is referring to Spirit Service Bulletin 500SHW-57-4201, Issue 001, 
dated November 17, 2021, which Transport Canada AD CF-2021-43 defines 
as ``the VSB.'' The FAA has revised paragraph (h)(3) of this AD to 
specify ``the VSB'' for consistency with the terminology in Transport 
Canada AD CF-2021-43.

Request To Exclude Job Set-Up and Job Close-Out Procedures

    Delta asked for clarification whether the job set-up and job close-
out procedures of Spirit Service Bulletin 500SHW-57-4201, Issue 001, 
dated November 17, 2021, are required for compliance with the proposed 
AD. Delta noted that Airbus Canada Limited Partnership Service Bulletin 
BD500-574001, Issue 001, dated November 22, 2021, contains a note 
specifying that the procedures section of the Accomplishment 
Instructions are required for compliance, while the job set-up and job 
close-out sections, with the exception of return-to-service tests, are 
recommended and can be deviated from, provided certain conditions are 
met. Delta added that Spirit Service Bulletin 500SHW-57-4201, Issue 
001, dated November 17, 2021, does not contain a similar note and asked 
for confirmation that the note also applies to Spirit Service Bulletin 
500SHW-57-4201, Issue 001, dated November 17, 2021.
    The FAA agrees to clarify. The note applies only to Airbus Canada 
Limited Partnership Service Bulletin BD500-574001, Issue 001, dated 
November 22, 2021. However, the FAA has determined the ``Job set-up'' 
and ``Job close-out'' sections of Spirit Service Bulletin 500SHW-57-
4201 are recommended steps that can be used at the operator's 
discretion. Therefore, the FAA has added paragraph (h)(7) of this AD to 
specify that only section 2. Procedure of the Accomplishment 
Instructions of ``the VSB'' is required by this AD.

Request To Allow a Transport Canada Global Alternative Method of 
Compliance (AMOC)

    Delta requested that the proposed AD be revised to allow the use of 
Transport Canada AMOC AARDG-2022/A09 when complying with the proposed 
AD. Delta noted that operators reported difficulty completing the 
inspection and grease application without removing the slat track from 
the airplane. Delta added that Transport Canada concluded that the AMOC 
procedures provide an equivalent level of safety as those specified in 
the service information.
    The FAA agrees with the intent of the commenter's request. The FAA 
does not have a process to directly adopt AMOCs issued by Transport 
Canada, and also cannot allow an AMOC until a final rule has been 
issued. However, the FAA has added paragraphs (h)(8) and (9) of this AD 
to allow the provisions specified in the Transport Canada AMOC.

Conclusion

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described

[[Page 77489]]

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

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2021-43 specifies procedures for repetitive 
cleaning and greasing of all slat tracks, including the slat track 
rollers, the slat pinion gear bearings, and the slat pinion gears to 
prevent damage (e.g., metal wear) and corrosion; doing repetitive 
general visual inspections of the slat tracks for any damage or 
corrosion, and the correct application of grease; and applicable 
corrective actions. Corrective actions include repairs, rework, 
measurements of the reworked area, and a magnetic particle inspection 
of the reworked area for any cracking. Transport Canada AD CF-2021-43 
also specifies procedures for reporting the inspection findings. 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 that this AD is an 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 61 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 15 work-hours x $85 per hour = Up              $0   Up to $1,275..............  Up to $77,775.
 to $1,275.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it will take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$5,185, or $85 per product.
    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
8 work-hours x $85 per hour = $680....              $0             $680
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the repair specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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.

[[Page 77490]]

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:

2022-25-05 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22261; Docket No. FAA-2022-0882; 
Project Identifier MCAI-2021-01370-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 23, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, as 
identified in Transport Canada AD CF-2021-43, dated November 29, 
2021 (Transport Canada AD CF-2021-43).

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a report that corrosion and wear were 
discovered on the slat tracks due to insufficient grease applied to 
the slat tracks during production. The FAA is issuing this AD to 
address corrosion and wear on the slat tracks, which could lead to 
loss of one or more slat panels or loss of slat track guidance and 
consequently cause catastrophic structural damage to the wings or 
other parts of the airplane due to slat panels departing from the 
airplane.

(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, Transport Canada AD CF-2021-43.

(h) Exceptions to Transport Canada AD CF-2021-43

    (1) Where Transport Canada AD CF-2021-43 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2021-43 refers to hours air 
time, this AD requires using flight hours.
    (3) Where ``the VSB [vendor service bulletin]'' referenced in 
Transport Canada AD CF-2021-43 specifies to do a magnetic particle 
inspection or an eddy current inspection of the repaired area for 
any cracking, for this AD if any cracking is found, the cracking 
must be repaired before further flight using a method approved by 
the Manager, New York ACO Branch, FAA; or Transport Canada; or 
Airbus Canada Limited Partnership's Transport Canada Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.
    (4) Where Transport Canada AD CF-2021-43 specifies to accomplish 
certain actions using both the ``applicable SB'' and ``the VSB'' as 
defined in Transport Canada AD CF-2021-43, this AD requires using 
only ``the VSB.''.
    (5) Paragraph C. of Transport Canada AD CF-2021-43 specifies to 
report inspection results to Airbus Canada Limited Partnership 
within a certain compliance time. For this AD, report inspection 
results at the applicable time specified in paragraph (h)(5)(i) or 
(ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (6) Where ``the VSB'' referenced in Transport Canada AD CF-2021-
43 specifies to record the level of grease (thin or thick), for this 
AD a thin grease level is one that uniformly covers the slat tracks, 
slat track rollers, slat pinion gear bearings, and the slat pinion 
gears; and a thick grease level is one that extends beyond the slat 
tracks, slat track rollers, slat pinion gear bearings, and the slat 
pinion gears or that inhibits function of the slat tracks.
    (7) Where Transport Canada AD CF-2021-43 specifies accomplishing 
certain actions using ``the VSB,'' for this AD replace the text 
``Part A of the VSB'' with ``section 2., Procedure, of Part A of the 
VSB.'' and replace the text ``Part B of the VSB'' with ``section 2., 
Procedure, of Part B of the VSB.''
    (8) Where step 2.7 of Part B of ``the VSB'' referenced in 
Transport Canada AD CF-2021-43 specifies to inspect certain areas of 
the slat tracks, this AD allows inspecting as specified in 
paragraphs (h)(8)(i) and (ii) of this AD.
    (i) For slat tracks 1 through 3 on the left and right wings: 
Inspect the upper and lower surfaces of the slat tracks and visible 
portions of the side surfaces of the slat tracks only, excluding 
underneath the pinion gear on slat tracks 1 and 3 and underneath the 
forward and aft upper and lower main rollers on slat tracks 1 
through 3.
    (ii) For slat tracks 4 through 11 on the left and right wings: 
Inspect the lower surfaces of the slat tracks only, excluding 
underneath the pinion gear on slat tracks 4, 6, 7, 9, 10, and 11 and 
underneath the forward and aft lower main rollers on slat tracks 4 
through 11.
    (9) Where step 2.5 of Part A of ``the VSB'' referenced in 
Transport Canada AD CF-2021-43 specifies applying grease (04-400) in 
front of the main rollers and side flanges of the slat track, this 
AD allows applying grease as specified in paragraphs (h)(9)(i) and 
(ii) of this AD.
    (i) For slat tracks 1 through 3 on the left and right wings: 
Apply grease (04-004) on the slat tracks in the side flanges of the 
slat tracks, the portions of the slat tracks in front of the forward 
upper and lower main rollers, and the upper and lower surfaces of 
the slat tracks between the forward and aft upper and lower main 
rollers, excluding underneath the aft upper and lower main rollers.
    (ii) For slat tracks 4 through 11 on the left and right wings: 
Apply grease (04-004) on the slat tracks in the side flanges of the 
slat tracks, the portions of the slat tracks in front of the forward 
upper and lower main rollers, and the lower surfaces of the slat 
tracks between the forward and aft lower main rollers, excluding 
underneath the pinion gear on slat tracks 4, 6, 7, 9, 10, and 11 and 
underneath the aft lower main roller on slat tracks 4 through 11.

(i) 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; or Airbus Canada Limited 
Partnership's Transport Canada DAO. If approved by the DAO, the 
approval must include the DAO-authorized signature.

(j) Additional Information

    For more information about this AD, contact Chirayu Gupta, 
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].

(k) 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.

[[Page 77491]]

    (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-2021-43, dated November 29, 2021,
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2021-43, 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 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 November 28, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27390 Filed 12-16-22; 8:45 am]
BILLING CODE 4910-13-P