[Federal Register Volume 88, Number 64 (Tuesday, April 4, 2023)]
[Rules and Regulations]
[Pages 19815-19817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06989]



[[Page 19815]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0658; Project Identifier MCAI-2023-00315-T; 
Amendment 39-22402; AD 2023-07-01]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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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 several unscheduled PW1500G 
engine removals due to certain crew alerting system (CAS) messages 
being displayed, high vibration, or debris found on the magnetic chip 
collector of a bearing compartment. This AD prohibits dispatch of an 
airplane with an affected engine having an applicable CAS message 
displayed, unless the bearing compartment chip collector and oil filter 
are inspected and any debris found is dispositioned, 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 April 19, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publications listed in this AD as of April 19, 
2023.
    The FAA must receive comments on this AD by May 19, 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-2023-0658; 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 
street address for Docket Operations is listed above.
    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 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. It is also available at 
regulations.gov under Docket No. FAA-2023-0658.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7366; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-0658; Project Identifier MCAI-
2023-00315-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Joseph 
Catanzaro, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7366; email [email protected]. Any 
commentary that the FAA receives that 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 Emergency AD CF-2023-12, dated February 23, 
2023 (Transport Canada Emergency AD CF-2023-12) (also referred to as 
the MCAI), to correct an unsafe condition for certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
    The MCAI states that since early 2021, there have been several 
unscheduled PW1500G engine removals due to CAS message L/R ENGINE FAULT 
with associated INFO message OIL DEBRIS ABOVE LIMIT being displayed, 
high vibration, or debris found on the magnetic chip collector of 
bearing compartment No. 3 (BC3). The investigation by Pratt & Whitney 
found that in most instances, the No. 3 bearings originated from a 
single manufacturing lot that have a possible defect.
    In December 2022, an airplane experienced engine stall and 
uncommanded in-flight shutdown (IFSD) while in cruise. Prior to the 
IFSD event, the airplane had received advisory-level CAS message R 
ENGINE FAULT with associated INFO message 79 R ENGINE FAULT-OIL DEBRIS 
ABOVE LIMIT during the previous flight, and the fault was deferred in 
accordance with the approved minimum equipment list (MEL). The No. 3 
bearing installed on the event engine was found to be from the suspect 
lot, and post-event inspection found metallic debris on the BC3 chip 
collector.

[[Page 19816]]

    This AD is intended to prevent a No. 3 bearing failure. This 
condition, if not addressed, could result in unrecoverable engine 
failure or power loss for both engines and consequent reduced control 
of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0658.

Related Service Information Under 1 CFR Part 51

    Transport Canada Emergency AD CF-2023-12 prohibits dispatch of an 
airplane with an affected engine having an applicable CAS message 
displayed, unless the BC3 chip collector and oil filter are inspected 
and any debris found is dispositioned. 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.

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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in Transport 
Canada Emergency AD CF-2023-12 described previously, except for any 
differences identified as exceptions in the regulatory text of this 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, 
Transport Canada Emergency AD CF-2023-12 is incorporated by reference 
in this AD. This AD requires compliance with Transport Canada Emergency 
AD CF-2023-12 in its entirety through that incorporation, except for 
any differences identified as exceptions in the regulatory text of this 
AD. Using common terms that are the same as the heading of a particular 
section in Transport Canada Emergency AD CF-2023-12 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the sections 
titled ``Compliance'' and ``Corrective Actions'' in Transport Canada 
Emergency AD CF-2023-12.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because a No. 3 bearing failure could result in unrecoverable engine 
failure or power loss for both engines and consequent reduced control 
of the airplane. Accordingly, notice and opportunity for prior public 
comment are impracticable and contrary to the public interest pursuant 
to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 84 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
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1 work-hour x $85 per hour = $85.............................              $0              $85           $7,140
----------------------------------------------------------------------------------------------------------------

    The FAA estimates it would take 2 hours for any required inspection 
and debris disposition at $85 per hour, for a total cost of $170 per 
engine.

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.

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    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2023-07-01 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22402; Docket No. FAA-2023-0658; 
Project Identifier MCAI-2023-00315-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 19, 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 Emergency AD CF-2023-12, dated February 23, 2023 (Transport 
Canada Emergency AD CF-2023-12).

(d) Subject

    Air Transport Association (ATA) of America Code 72, Turbine/
turboprop engine.

(e) Unsafe Condition

    This AD was prompted by several unscheduled PW1500G engine 
removals due to crew alerting system (CAS) message L/R ENGINE FAULT 
with associated INFO message OIL DEBRIS ABOVE LIMIT being displayed, 
high vibration, or debris found on the magnetic chip collector of 
bearing compartment No. 3 (BC3). The FAA is issuing this AD to 
prevent a No. 3 bearing failure. The unsafe condition, if not 
addressed, could result in unrecoverable engine failure or power 
loss for both engines and consequent reduced control of 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 Emergency AD CF-2023-12.

(h) Exception to Transport Canada Emergency AD CF-2023-12

    Where Transport Canada Emergency AD CF-2023-12 refers to its 
effective date, this AD requires using the effective date of this 
AD.

(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 Design Approval Organization (DAO). 
If approved by the DAO, the approval must include the DAO-authorized 
signature.

(j) Additional Information

    For more information about this AD, contact Joseph Catanzaro, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7366; 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 Emergency AD CF-2023-12, dated February 23, 
2023.
    (ii) [Reserved]
    (3) For Transport Canada Emergency AD CF-2023-12, 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 March 28, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-06989 Filed 3-30-23; 4:15 pm]
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