[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Proposed Rules]
[Pages 77763-77765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27565]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-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-500-1A11 
airplanes. This proposed AD was prompted by a report that the nose 
radome lightning diverter strips on certain aircraft were painted in 
production; paint on the diverter strips can compromise the nose radome 
lightning protection. This proposed AD would require inspecting for 
paint on the diverter strips on the nose radome, and replacing the nose 
radome 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 February 3, 
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-2022-1650; 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 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-
2022-1650.
     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: Steven Dzierzynski, Aerospace 
Engineer, Avionics and Electrical Systems Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7367; 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-2022-1650; Project Identifier 
MCAI-2022-00210-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 
Steven Dzierzynski, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7367; 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-2022-04, dated February 14, 2022 
(Transport Canada AD CF-2022-04) (also referred to as the MCAI), to 
correct an unsafe condition for certain Airbus Canada Limited 
Partnership Model BD-500-1A11 airplanes. The MCAI states that the 
radome lightning diverter strips on certain aircraft were painted in 
production; paint on the diverter strips can compromise the radome 
lightning protection. Reduced effectiveness of the diverter strips can 
lead to the puncture of the nose radome by lightning and potential arc 
attachment to antennas, structures, and other equipment in the area of 
the radome. The unsafe condition, if not addressed, could result in 
damage to the localizer or glideslope antennas, and consequent loss of 
instrument landing system localizer inputs or deviation information.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI

[[Page 77764]]

in the AD docket at regulations.gov under Docket No. FAA-2022-1650.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-04 specifies procedures for inspecting 
for paint on the lightning diverter strips on the nose radome, and 
replacing the nose radome if the lightning diverter strips are painted.
    The FAA also reviewed Airbus Canada Limited Partnership A220 
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022. This 
service information specifies procedures for inspecting for paint on 
the lightning diverter strips on the nose radome, and replacing and 
painting the nose radome if the lightning diverter strips are painted.
    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-2022-04 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Additional Method of Compliance

    Transport Canada AD CF-2022-04 requires removing and replacing the 
radome in accordance with certain aircraft maintenance publication 
(AMP) data modules (DM). After Transport Canada issued AD CF-2022-04, 
Airbus Canada issued Airbus Canada Limited Partnership A220 Service 
Bulletin BD500-538009, Issue 001, dated April 8, 2022; and Issue 002, 
dated June 2, 2022, which also describes procedures for removing and 
replacing the radome. This proposed AD would therefore also allow 
accomplishing those actions in accordance with Airbus Canada Limited 
Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 
2, 2022.

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-2022-04 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2022-04 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 Transport Canada AD CF-2022-04 for compliance will be 
available at regulations.gov under Docket No. FAA-2022-1650 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 7 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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6 work-hours x $85 per hour = $510...........................            * $0             $510           $3,570
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* The FAA has received no definitive data on which to base the parts cost estimate for the radome replacement.

    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.

[[Page 77765]]

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-2022-1650; Project Identifier MCAI-2022-00210-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 3, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A11 airplanes, certificated in any category, as identified in 
Transport Canada AD CF-2022-04, dated February 14, 2022 (Transport 
Canada AD CF-2022-04).

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that the radome lightning 
diverter strips on certain aircraft were painted in production; 
paint on the diverter strips can compromise the radome lightning 
protection. The FAA is issuing this AD to address reduced 
effectiveness of the diverter strips, which can lead to the puncture 
of the nose radome by lightning and potential arc attachment to 
antennas, structures, and other equipment in the area of the radome. 
The unsafe condition, if not addressed, could result in damage to 
the localizer or glideslope antennas, and consequent loss of 
instrument landing system localizer inputs or deviation information.

(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-2022-04.

(h) Exceptions To Transport Canada AD CF-2022-04

    (1) Where Transport Canada AD CF-2022-04 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-04 specifies removing and 
installing a radome using certain aircraft maintenance publication 
data modules, this AD also allows accomplishing those actions in 
accordance with Airbus Canada Limited Partnership A220 Service 
Bulletin BD500-538009, Issue 002, dated June 2, 2022.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Canada Limited Partnership A220 Service 
Bulletin BD500-538009, Issue 001, dated May 9, 2022.

(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 ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300 or email to: [email protected]. 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 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 (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 Steven Dzierzynski, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7367; 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) Airbus Canada Limited Partnership A220 Service Bulletin 
BD500-538009, Issue 002, dated June 2, 2022.
    (ii) Transport Canada AD CF-2022-04, dated February 14, 2022.
    (3) For Transport Canada AD CF-2022-04, 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) 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.
    (5) 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.
    (6) 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 December 15, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27565 Filed 12-19-22; 8:45 am]
BILLING CODE 4910-13-P