[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54949-54952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17017]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1709; Project Identifier MCAI-2022-01642-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-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by reports of 
mechanical wear damage on the motive flow fuel-feed tubes that were 
secured by bonding clamps and clamp blocks inside the collector tank. 
This proposed AD would require repetitive operational checks of the 
gravity cross flow shut-off valve and, for certain airplanes, a one-
time inspection of the motive flow fuel-feed tubes at the clamp blocks 
location, and corrective action 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 September 
28, 2023.

[[Page 54950]]


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-2023-1709; 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-2023-1709.
     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.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aviation Safety 
Engineer, FAA, 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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1709; Project Identifier 
MCAI-2022-01642-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 
Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7366; 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-2022-70, dated December 21, 2022 
(Transport Canada AD CF-2022-70) (also referred to as the MCAI), to 
correct an unsafe condition for certain 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. The MCAI states there have been several findings 
of mechanical wear damage on the motive flow fuel-feed tubes that were 
secured by bonding clamps and clamp blocks inside the collector tank. 
In some instances, the wear damage led to a hole in a motive flow fuel-
feed tube resulting in a fuel imbalance during flight that required the 
flightcrews to correct the imbalance using the gravity transfer system. 
Failure of the affected motive flow fuel-feed tubes and a subsequent 
failure of the gravity transfer system could lead to a fuel imbalance 
condition resulting in a reduction in airplane functional capabilities 
and increased crew workload.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2023-1709.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-70 specifies procedures for performing 
a repetitive operational check of the gravity cross flow shut-off valve 
and, for certain airplanes, inspecting the motive flow fuel-feed tubes 
for mechanical wear damage (damage includes cracks, scores, scratches, 
nicks, and gouges) and pre-load condition, and, based on findings, 
replacing the motive flow fuel-feed tube.
    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 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 
referenced 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-2022-70 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed 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, the 
FAA proposes to incorporate Transport Canada AD CF-

[[Page 54951]]

2022-70 by reference in the FAA final rule. This proposed AD would, 
therefore, require compliance with Transport Canada AD CF-2022-70 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-2022-70 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1709 after the FAA final rule is published.

Interim Action

    The FAA considers that this proposed AD would be an interim action. 
If final action is later identified, the FAA might consider further 
rulemaking then.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 84 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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               Labor cost                   Parts cost         Cost per  product        Cost on U.S. operators
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Up to 16.5 work-hours x $85 per hour =               $0   Up to $1,403..............  Up to $117,810.
 $1,403.
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    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
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          Labor cost                 Parts cost       Cost per  product
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12 work-hours x $85 per hour =              $5,256               $6,276
 $1,020.......................
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    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.


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-2023-1709; Project Identifier MCAI-2022-01642-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 28, 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-2022-70, dated December 21, 2022 (Transport Canada AD 
CF-2022-70).

(d) Subject

    Air Transport Association (ATA) of America Code: 28, Fuel.

(e) Unsafe Condition

    This AD was prompted by reports of mechanical wear damage on the 
motive flow fuel-feed tubes that were secured by bonding clamps and 
clamp blocks inside the collector tank. The FAA is issuing this AD 
to address mechanical wear damage on the motive flow fuel-feed 
tubes. Failure of the affected motive flow fuel-feed tubes and a 
subsequent failure of the gravity transfer system could lead to a 
fuel imbalance condition resulting in a reduction in airplane 
functional capabilities and increased crew workload.

[[Page 54952]]

(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-2022-70.

(h) Exceptions to Transport Canada AD CF-2022-70

    (1) Where Transport Canada AD CF-2022-70 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-70 refers to hours air 
time, this AD requires using flight hours.
    (3) Where Part II of Transport Canada AD CF-2022-70 specifies to 
inspect the motive flow fuel-feed tubes, and ``rectify as 
required,'' this AD requires accomplishment of all corrective 
actions before further flight.

(i) No Reporting Requirement

    Although the service information referenced in Transport Canada 
AD CF-2022-70 specifies to submit certain information to the 
manufacturer, this AD does not include that requirement.

(j) 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 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 
International Validation Branch, mail it to ATTN: Program Manager, 
Continuing Operational Safety, at the address identified in 
paragraph (k) of this AD or email to: [email protected]. If 
mailing information, also submit information by email. 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 (Type Certificate Previously Held by C Series 
Aircraft Limited Partnership (CSALP); Bombardier, Inc.)'s Transport 
Canada Design Approval Organization (DAO). If approved by the DAO, 
the approval must include the DAO-authorized signature.

(k) Additional Information

    For more information about this AD, contact Joseph Catanzaro, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7366; 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) Transport Canada AD CF-2022-70, dated December 21, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-70, 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 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.
    (5) 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 August 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17017 Filed 8-11-23; 8:45 am]
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