[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80034-80037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28270]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0981; Project Identifier MCAI-2022-00032-T; 
Amendment 39-22285; AD 2022-26-06]
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 reports of flight control 
(horizontal stabilizer, rudder, and elevator) decals degrading and 
peeling (damage), reports of operators painting over these decals, and 
reports that procedures to replace these decals were inaccurate, 
potentially causing incorrect positioning of replacement decals. This 
AD requires inspecting the left and right horizontal stabilizer decals 
for visibility and damage; and for certain airplanes, inspecting the 
rudder and left and right elevator decals for visibility and damage; 
and doing 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 February 2, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 2, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0981; 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-2022-0981.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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 29, 2022 (87 FR 45709). 
The NPRM was prompted by AD CF-2022-01, dated January 7, 2022, issued 
by Transport Canada, which is the aviation authority for Canada 
(referred to after this as the MCAI). The MCAI states that flight 
control decals have been degrading and peeling, operators have been 
painting over these decals, and procedures to replace these decals were 
inaccurate, potentially causing incorrect positioning of replacement 
decals. An investigation determined that the degradation and peeling of 
the flight control decals were caused by an incorrect clear protective 
coating being applied during production, and that flight control decals 
were being painted over because of unclear in-service procedures. The 
in-service procedures were revised to clearly state that the flight 
control decals are to be masked prior to painting, and to ensure the 
flight control decals are properly placed. Flight control decals that 
are damaged or incorrectly positioned could introduce rigging offset of 
flight control surfaces, which, when combined with other failures or 
severe maneuvers, could result in loss of flight control surface 
effectiveness or structural loading that exceeds the airframe's 
capability. See the MCAI for additional background information.

[[Page 80035]]

    In the NPRM, the FAA proposed to require inspecting the left and 
right horizontal stabilizer decals for visibility and damage; 
inspecting the rudder and left and right elevator decals for visibility 
and damage for certain airplanes; and doing applicable corrective 
actions.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0981.

Discussion of Final Airworthiness Directive

Comments

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

Request for Definition Clarification

    Delta requested the final rule include a statement that clearly 
defines ``refer to'' and ``in accordance with'' to give operators a 
concise understanding of what steps must be complied with and what 
steps are recommended, done as part of other actions, or done with 
accepted methods different from those given in the listed instructions.
    The FAA agrees to clarify the actions that are required for 
compliance in the service information referenced in the MCAI. In Parts 
A, B, C, and D of the service information referenced in the MCAI, some 
steps are required for compliance--or ``RC''--and must be done 
following the instructions in the service information; other steps may 
be done using other approved methods chosen by the operator. The 
service information states that the Procedure section of the 
Accomplishment Instructions is RC and must be done to comply with the 
MCAI (and this AD), but the job set-up and job close-up sections, with 
the exception of the return-to-service tests, are recommended only. 
Therefore, the actions in the Procedure section are RC, but the job 
set-up and close-up sections are not. The FAA has not changed this AD 
as a result of this comment.

Request for Change in Sequence of Required Actions

    Delta requested that the proposed AD be revised to include a 
statement that allows operators to perform the maintenance review tasks 
prior to accomplishing the inspection and replacement of the decals. 
The service information specified in the MCAI has the operator perform 
an inspection of the decals and then a maintenance record review to 
determine which actions to perform.
    The FAA agrees with the request, provided all required corrective 
actions based on the results of the records review are accomplished as 
specified in the service information referenced in the MCAI. Operators 
may not need to repeat the inspections if the tasks in the maintenance 
record review accomplished the same task. The FAA has added paragraph 
(h)(3) of this AD to define this exception to the service information 
specified in the MCAI.

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 in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments 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 CF-2022-01 specifies procedures for inspecting the 
left and right horizontal stabilizer decals for visibility and damage, 
and corrective actions. For certain airplanes, Transport Canada CF-
2022-01 specifies procedures for inspecting the rudder and left and 
right elevator decals for visibility and damage. The corrective actions 
include replacing, restoring, and preserving the condition and 
placement of the flight control decals, and re-rigging the rudder and 
elevator control surfaces. 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.

Costs of Compliance

    The FAA estimates that this AD affects 56 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                     Cost per      Cost on U.S.
                           Labor cost                               Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850.............................              $0            $850         $47,600
----------------------------------------------------------------------------------------------------------------

    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 
airplanes that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
               Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340......            $220            $560
------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition re-rigging actions specified in this AD.
    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

[[Page 80036]]

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.

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:

2022-26-06 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22285; Docket No. FAA-2022-0981; 
Project Identifier MCAI-2022-00032-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 2, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership (Type 
certificate previously held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 
airplanes, certificated in any category, as identified in Transport 
Canada AD CF-2022-01, dated January 7, 2022 (Transport Canada AD CF-
2022-01).

(d) Subject

    Air Transport Association (ATA) of America Code: 11, Placards 
and markings.

(e) Unsafe Condition

    This AD was prompted by reports of flight control (horizontal 
stabilizer, rudder, and elevator) decals degrading and peeling 
(damage), reports of operators painting over these decals, and 
reports that procedures to replace these decals were inaccurate, 
potentially causing incorrect positioning of replacement decals. The 
FAA is issuing this AD to address flight control decals that are 
damaged or incorrectly positioned, which could introduce rigging 
offset of flight control surfaces, and when combined with other 
failures or severe maneuvers, could result in loss of flight control 
surface effectiveness or structural loading that exceeds the 
airframe's capability.

(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-2022-01.

(h) Exceptions to Transport Canada AD CF-2022-01

    (1) Where Transport Canada AD CF-2022-01 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-01 refers to ``hours air 
time,'' this AD requires using ``flight hours.''
    (3) Where the service information referenced in Transport Canada 
AD CF-2022-01 specifies to inspect the decals and then perform a 
maintenance record review to determine the course of action, this AD 
allows the maintenance records review to be done first, and 
conditional actions, if any, are subsequently required, depending on 
the results of that records review.

(i) Additional FAA 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 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 (i)(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.

(j) Additional Information

    For more information about this AD, contact Gabriel Kim, 
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.
    (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-2022-01, dated January 7, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-01, 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.

[[Page 80037]]

    (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 December 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28270 Filed 12-28-22; 8:45 am]
BILLING CODE 4910-13-P