[Federal Register Volume 88, Number 67 (Friday, April 7, 2023)]
[Rules and Regulations]
[Pages 20751-20754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07096]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1308; Project Identifier MCAI-2022-00532-T; 
Amendment 39-22377; AD 2023-05-08]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-04-
05, which applied to certain Airbus Canada Limited Partnership Model 
BD-500-1A10 and BD-500-1A11 airplanes. AD 2021-04-05 required revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. This AD 
was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
the actions in AD 2021-04-05 and requires revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective May 12, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 12, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
30, 2021 (86 FR 10799, February 23, 2021).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1308; 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 service information identified in this final rule, 
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. It is also available at 
regulations.gov under Docket No. FAA-2022-1308.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-04-05, Amendment 39-21426 (86 FR 
10799, February 23, 2021) (AD 2021-04-05). AD 2021-04-05 applied to 
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. AD 2021-04-05 required revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations. The FAA issued AD 2021-04-
05 to address reduced structural integrity of the airplane or reduced 
controllability of the airplane.
    The NPRM published in the Federal Register on October 31, 2022 (87 
FR 65538). The NPRM was prompted by AD CF-2022-18, dated April 14, 
2022, issued by Transport Canada, which is the aviation authority for 
Canada (referred to after this as the MCAI). The MCAI states that the 
manufacturer has published a revision to the airworthiness limitations, 
which contains new or more restrictive requirements, and states that 
failure to comply with the instructions could result in an unsafe 
condition.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2021-04-05 and to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA is issuing this AD to 
address reduced structural integrity of the airplane or reduced 
controllability of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1308.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Delta Airlines (DAL). The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Require MCAI Instead of Service Information

    DAL requested that the FAA require compliance with the MCAI instead 
of service information so that Issue 014.00 of the airworthiness 
limitations is required through incorporation by reference (IBR) of 
Transport Canada AD CF-2022-18. DAL noted that the type certificate 
data sheet (TCDS) for these airplane models (TCDS T00008NY) states that 
any document that is Transport Canada-approved or Transport Canada-
approved through the Manufacturer's Design Approval Representative is 
accepted by the FAA and is considered FAA-approved. DAL added that 
Transport Canada has released AD CF-2022-58, dated October 12, 2022 
(Transport Canada AD CF-2022-58), which mandates Issue 015.00 of Airbus 
Canada Limited Partnership

[[Page 20752]]

A220 Airworthiness Limitations BD500-3AB48-11400-02. DAL further noted 
that Issue 016.00 of Airbus Canada Limited Partnership A220 
Airworthiness Limitations BD500-3AB48-11400-02 is anticipated to be 
issued in December of 2022, with Issue 017.00 possibly being issued in 
June 2023.
    The FAA disagrees with the request to revise the AD. The FAA 
acknowledges that not incorporating by reference the Transport Canada 
AD means that operators may not use later-approved revisions of the 
service information without obtaining an alternative method of 
compliance (AMOC). However, in this case, it was determined that the 
IBR the MCAI method would not be used due to the complexity of the AD 
and the FAA's decision to not mandate new certification maintenance 
requirements (CCMRs). Additionally, the FAA will review each new 
revision of Airbus Canada Limited Partnership A220 Airworthiness 
Limitations BD500-3AB48-11400-02, to determine if the FAA needs to 
issue an AD to require incorporating a new revision. The FAA 
acknowledges that Transport Canada AD CF-2022-58 mandates Issue 015.00 
of Airbus Canada Limited Partnership A220 Airworthiness Limitations 
BD500-3AB48-11400-02. However, the FAA considers that delaying this 
action to require the incorporation of later airworthiness limitations 
would be inappropriate because an unsafe condition exists and the 
airworthiness limitations identified in this final rule address the 
identified unsafe service information that include new or more 
restrictive airworthiness limitations. The FAA has not changed this AD 
in this regard.

Request To Remove a Requirement

    DAL requested the FAA add an exceptions paragraph to the proposed 
AD to no longer mandate the CCMR. DAL stated that since publication of 
AD 2021-04-05, it has had to request an AMOC with each subsequent 
revision of the airworthiness limitations document, and has not been 
allowed to incorporate the new CCMRs in later revisions of the 
airworthiness limitations document. DAL explained that each time it has 
requested an AMOC, the AMOC was delayed and time-limited approved, and 
in several cases nearly led to DAL grounding its fleet.
    The FAA disagrees with removing the reference to the CCMR section 
of the AWLs. The FAA's understanding is that Transport Canada will not 
mandate CCMRs in the future. Since AD 2021-04-05 required the CCMRs 
specified in Airbus Canada Limited Partnership A220 Airworthiness 
Limitations BD500-3AB48-11400-02, Issue 011.00, dated June 18, 2020, 
the FAA has determined that those CCMRs can continue to be mandated, 
but newer revisions of the CCMRs cannot be mandated by the FAA.
    However, equivalent airplane maintenance manual (AMM) tasks may be 
mandated in lieu of CCMRs in future rulemaking. The FAA has not changed 
this AD in this regard.

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, 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

    The FAA reviewed Airbus Canada Limited Partnership A220 
Airworthiness Limitations BD500-3AB48-11400-02, Issue 014.00, dated 
February 3, 2022. This service information describes airworthiness 
limitations for fuel tank systems, safe life limits, and certification 
maintenance requirements.
    This AD also requires Airbus Canada Limited Partnership A220 
Airworthiness Limitations, BD500-3AB48-11400-02, Issue 011.00, dated 
June 18, 2020, which the Director of the Federal Register approved for 
incorporation by reference as of March 30, 2021 (86 FR 10799, February 
23, 2021).
    This service information 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 70 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2021-04-05 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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 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.

[[Page 20753]]

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:
0
a. Removing Airworthiness Directive (AD) 2021-04-05, Amendment 39-21426 
(86 FR 10799, February 23, 2021); and
0
b. Adding the following new AD:

2023-05-08 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22377; Docket No. FAA-2022-1308; 
Project Identifier MCAI-2022-00532-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 12, 2023.

(b) Affected ADs

    This AD replaces AD 2021-04-05, Amendment 39-21426 (86 FR 10799, 
February 23, 2021) (AD 2021-04-05).

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership airplanes, 
certificated in any category, as identified in paragraphs (c)(1) and 
(2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before February 3, 
2022.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before February 3, 
2022.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2021-04-05, with a new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before June 18, 2020: Within 90 days 
after March 30, 2021 (the effective date of AD 2021-04-05), revise 
the existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 011.00, dated June 18, 2020. The initial compliance time for 
doing the tasks is at the time specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 011.00, dated June 18, 2020, or within 90 days after March 30, 
2021, whichever occurs later. Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (i) 
of this AD terminates the requirements of this paragraph for 
Sections 01, ``Airworthiness limitations--Introduction;'' 02, 
``Certification maintenance requirements--General;'' 04, ``ALI 
structural inspections--General;'' 05, ``Life limited parts 
(systems)--General;'' 06, ``Life limited parts (structures)--
General;'' 07, ``Fuel system limitations--General;'' 08, ``Critical 
design configuration control limitations--General;'' 09, ``Power 
plant limitations--General;'' 10, ``Structural repair limitations--
General;'' and 11, ``Limit of validity--General;'' of Airbus Canada 
Limited Partnership A220 Airworthiness Limitations, BD500-3AB48-
11400-02, Issue 011.00, dated June 18, 2020, only.

(h) Retained No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD 
2021-04-05, with a new exception. Except as required by paragraph 
(i) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections), intervals, or CDCCLs may be 
used unless the actions, intervals, and CDCCLs are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (k)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Sections 01, 
``Airworthiness limitations--Introduction;'' 02, ``Certification 
maintenance requirements--General;'' 04, ``ALI structural 
inspections--General;'' 05, ``Life limited parts--General;'' 06, 
``Fuel system limitations--General;'' 07, ``Critical design 
configuration control limitations--General;'' 08, ``Power plant 
limitations--General;'' 09, ``Structural repair limitations--
General;'' and 10, ``Limit of validity--General;'' of Airbus Canada 
Limited Partnership A220 Airworthiness Limitations, BD500-3AB48-
11400-02, Issue 014.00, dated February 3, 2022. The initial 
compliance time for doing the tasks is at the time specified in 
Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 014.00, dated February 3, 2022, or 
within 90 days after the effective date of this AD, whichever occurs 
later. Accomplishing the revision of the existing maintenance or 
inspection program required by this paragraph terminates the actions 
required by paragraph (g) of this AD for Sections 01, 
``Airworthiness limitations--Introduction;'' 02, ``Certification 
maintenance requirements--General;'' 04, ``ALI structural 
inspections--General;'' 05, ``Life limited parts (systems)--
General;'' 06, ``Life limited parts (structures)--General;'' 07, 
``Fuel system limitations--General;'' 08, ``Critical design 
configuration control limitations--General;'' 09, ``Power plant 
limitations--General;'' 10, ``Structural repair limitations--
General;'' and 11, ``Limit of validity--General;'' of Airbus Canada 
Limited Partnership A220 Airworthiness Limitations, BD500-3AB48-
11400-02, Issue 011.00, dated June 18, 2020, only.

(j) New No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) 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

[[Page 20754]]

approved by the DAO, the approval must include the DAO-authorized 
signature.

(l) Additional Information

    (1) Refer to Transport Canada AD CF-2022-18, dated April 14, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-1308.
    (2) For more information about this AD, contact Gabriel Kim, 
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].

(m) 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.
    (3) The following service information was approved for IBR on 
May 12, 2023.
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 014.00, dated February 3, 
2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
March 30, 2021 (86 FR 10799, February 23, 2021).
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 011.00, dated June 18, 
2020.
    (ii) [Reserved]
    (5) 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.
    (6) 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.
    (7) 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 March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07096 Filed 4-6-23; 8:45 am]
BILLING CODE 4910-13-P