[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Rules and Regulations]
[Pages 42606-42609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14006]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0654; Project Identifier MCAI-2022-01505-T; 
Amendment 39-22467; AD 2023-12-09]
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

[[Page 42607]]

by reports that, during instrument landing system (ILS) approaches, the 
flight control system reverted from primary flight control computer 
(PFCC) normal mode operating in autopilot to remote electronics unit 
(REU) direct mode, and then, after a period of time, to PFCC direct 
mode. This AD requires installation of a PFCC software update; and a 
records review or detailed inspection to identify pre-existing repairs 
or damage within certain limits to certain structures, and obtaining 
and following additional instructions, if necessary, 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 August 7, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 7, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0654; 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 Street, 
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-2023-0654.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone (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 March 30, 2023 (88 FR 19019). 
The NPRM was prompted by AD CF-2022-65, dated November 23, 2022, issued 
by Transport Canada, which is the aviation authority for Canada (also 
referred to as the MCAI). The MCAI states that airplanes equipped with 
the CAT IIIB Autoland option, have had numerous occurrences during ILS 
approaches where the flight control system has reverted from PFCC 
normal mode operating in autopilot to REU direct mode, and then, after 
a period of time, to PFCC direct mode. During these occurrences, the 
caution message FLT CTRL DIRECT is posted on the engine indication and 
crew alerting system (EICAS). The MCAI states that it requires a PFCC 
software update, which includes control law updates that require review 
and disposition of previous repairs and damage assessments prior to 
conducting the software update. These pre-existing repairs and damage 
may exceed the Aircraft Structural Repair Publication (ASRP) permitted 
damage limits for affected structures and would affect the control 
laws.
    In the NPRM, the FAA proposed to require installing updated PFCC 
software; this installation includes pre-requisites that must be met 
prior to the installation (installing certain database versions and 
software). In addition, the installation requires a records review or 
detailed inspection to identify pre-existing repairs and damages (that 
were within ASRP limits) to certain structures and obtaining and 
following additional instructions, as specified in Transport Canada AD 
CF-2022-65. The FAA is issuing this AD to address reversion to direct 
mode during ILS approaches, which, if not corrected, could impact 
flight control functions, which could prevent continued safe flight and 
landing. See the MCAI for additional background information.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0654.

Discussion of Final Airworthiness Directive

Comments

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

Request for Clarification if Repair Review Is a Required for Compliance 
(RC) Action

    Delta requested to include an exception in paragraph (h) of the 
proposed AD to clarify that step 3.2 of the Accomplishment Instructions 
in Airbus Canada Limited Partnership A220 Service Bulletin (SB) BD500-
270020, Issue No. 001, dated September 28, 2022, is not required for 
compliance (RC).
    The FAA disagrees with adding an exception for Procedure section 
3.2 of Airbus Canada Limited Partnership A220 SB BD500-270020, Issue 
No. 001, dated September 28, 2022. The note of step 1 of the Procedure 
section states ``The Procedure section of the Accomplishment 
Instructions is Required for Compliance (RC) and must be done to comply 
with the AD.'' The software of the PFCC is updated so that the new 
Control Laws (CLAWS) obey the compliance requirements for the Maximum 
Landing Weight (MLW) increase and to resolve inadvertent Direct Mode 
reversions in approach on CAT IIIB capable configuration. The unsafe 
condition is addressed by the software update which also includes the 
control laws updates. There is a statement in the Background section of 
the proposed AD that references the Transport Canada AD CF-2022-65 
note, which mentions the PFCC software update also includes control 
laws updates. No changes have been made to this AD regarding this 
issue.

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.

[[Page 42608]]

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-65 specifies procedures for installing 
updated PFCC software; this installation includes pre-requisites that 
must be met prior to the installation (installing certain database 
versions and software). In addition, the installation requires a 
records review or detailed inspection to identify pre-existing repairs 
and damages (that were within ASRP limits) to certain structures and 
obtaining and following additional instructions. 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 72 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................             $14             $354          $25,488
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition 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.

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:

2023-12-09 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22467; Docket No. FAA-2023-0654; 
Project Identifier MCAI-2022-01505-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 7, 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-2022-65, dated November 23, 2022 (Transport Canada AD 
CF-2022-65).

(d) Subject

    Air Transport Association (ATA) of America Code: 27, Flight 
control system.

(e) Unsafe Condition

    This AD was prompted by reports that, during instrument landing 
system (ILS) approaches, the flight control system reverted from 
primary flight control computer (PFCC) normal mode operating in 
autopilot to remote electronics unit (REU) direct mode, and then, 
after a period of time, to PFCC direct mode. The FAA is issuing this 
AD to address reversion to direct mode during ILS approaches, which, 
if not corrected, could impact flight control functions and could 
prevent continued safe flight and landing.

(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-2022-65.

(h) Exceptions to Transport Canada AD CF-2022-65

    (1) Where Transport Canada AD CF-2022-65 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where the service information referenced in Transport Canada 
AD CF-2022-65 specifies installing software updates on the PFCCs 
using a USB-type device, this AD also allows the use of a portable 
maintenance access terminal (PMAT)-type device.

    Note 1 to paragraph (h)(2): When using a PMAT-type device, 
guidance for updating the software can be found in Airbus Canada 
Service Bulletin (SB) BD500-270020, Issue 001, dated September 28, 
2022.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to

[[Page 42609]]

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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j)(1) of this AD. Information may be emailed 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, International 
Validation 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

    (1) For more information about this AD, contact Steven 
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone (516) 228-7300; email [email protected].
    (2) For Airbus Canada service information identified in this AD 
that is not incorporated by reference, 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 Street, Des Moines, WA. For information on 
the availability of this material at the FAA, call 206-231-3195.

(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-2022-65, dated November 23, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-65, 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 
Street, 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 June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-14006 Filed 6-30-23; 8:45 am]
BILLING CODE 4910-13-P