[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56459-56462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17772]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules 
and Regulations  

[[Page 56459]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1566; Project Identifier MCAI-2022-00290-T; 
Amendment 39-22521; AD 2023-16-02]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 
airplanes. This AD was prompted by reports of mechanical wear damage 
found on the engine fuel feed system tubes and fuel tube connections. 
This AD requires repetitive inspections of the fuel feed system for 
damage, and replacement 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 September 22, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1566; 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-2022-1566.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM published in the Federal Register on December 6, 2022 (87 FR 
74527). The NPRM was prompted by AD CF-2022-08, dated March 3, 2022, 
issued by Transport Canada, which is the aviation authority for Canada 
(Transport Canada AD CF-2022-08) (also referred to as the MCAI). The 
MCAI states there have been several in-service findings of mechanical 
wear damage on the engine fuel feed system tubes and fuel tube 
connections on airplanes that are ``post-SB BD500-282004'' or that have 
the production equivalent. Airbus Canada Limited Partnership (ACLP) 
Service Bulletin BD500-282004, Issue 1, dated August 30, 2019, was 
mandated by Transport Canada AD CF-2019-19R1, dated November 1, 2019, 
and specifies, among other actions, modifying the fuel feed line 
installations in the fuel collector tanks. Transport Canada AD CF-2019-
19R1 corresponds to FAA AD 2022-02-07, Amendment 39-21904 (87 FR 7027, 
February 8, 2022) (AD 2022-02-07).
    In the NPRM, the FAA proposed to require repetitive inspections of 
the fuel feed system for damage and replacement if necessary, as 
specified in Transport Canada AD CF-2022-08. The NPRM also proposed to 
address mechanical wear damage on the engine fuel feed system tubes and 
fuel tube connections, as specified in Transport Canada AD CF-2022-08. 
The unsafe condition, if not addressed, could result in failure of the 
affected fuel tubes and subsequent failure of the gravity transfer 
system, which could lead to a fuel imbalance resulting in a reduction 
in aircraft functional capabilities and increased crew workload.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1566.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from The 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 Add Exception To Identify Correct Washer Part Number

    DAL stated that the service information specified by Transport 
Canada AD CF-2022-08 (ACLP Service Bulletin BD500-282006, Issue 002, 
dated December 21, 2021) introduced incorrect, demodifying washer part 
number NAS1149E0332R at post-FAA AD 2022-02-07 locations. DAL requested 
that the FAA require the use of ACLP Service Bulletin BD500-282006, 
Issue 003, dated September 23, 2022, or later revision to prevent 
demodification of post-FAA AD 2022-02-07 airplanes.
    The FAA agrees that the washer part number NAS1149E0332R is 
incorrect. The correct part number is NAS1149D0332J. The FAA further 
agrees that Issue 003 of the referenced service information corrects 
the washer part number. However, the FAA finds it unnecessary to change 
the compliance method in this AD as requested. Transport Canada AD CF-
2002-08 allows later approved revisions of the service information, so 
Issue 003 is

[[Page 56460]]

already included as acceptable service information in this AD. To 
address the part number error, the FAA has instead added an exception 
in paragraph (h)(6) of this AD to identify the correct washer part 
number.

Request To Change Paragraph Reference for Exceptions

    DAL stated paragraph (g) should be changed to ``Except as specified 
in paragraph (h) of this AD'' in lieu of ``Except as specified in 
paragraph (g) of this AD'' to reference the Exceptions paragraph.
    The FAA agrees that (g) was referenced in error, and has revised 
paragraph (g) of this AD accordingly.

Request for Change in Compliance Time Due to Parts Shortage

    DAL reviewed the compliance time as stated in Transport Canada AD 
CF-2022-08, dated March 3, 2022, relating to the worldwide parts 
shortage resulting in low stock on parts required to accomplish this 
inspection. DAL has noted a large portion of its fleet will have to be 
inspected within 850 hours once the FAA AD is issued. The part 
shortages will risk grounding airplanes and will increase out-of-
service time due to the ground time required to do inspections. This 
will cause a significant negative economic impact on the operators and 
the public by reducing the airplanes' service time, which, as noted by 
the commenter, was not considered in the Costs of Compliance section of 
the NPRM. DAL would like for the FAA to assist in ensuring parts 
support.
    Although the FAA is not involved in controlling the availability of 
parts worldwide, the FAA has received assurance from the parts original 
equipment manufacturer (OEM) that parts will be available for most 
airplanes within the required compliance time. If parts may not be 
available in a timely manner for certain airplanes, paragraph (j)(1) of 
this AD allows operators to request approval of an alternative method 
of compliance to extend the compliance time, based on a showing that 
the extension will not adversely affect safety.
    Regarding the commenter's concern that the AD's impact on 
operations was not considered in the NPRM, the FAA notes that the cost 
information provided in an AD describes only the direct costs of the 
specific actions required by the AD. The FAA recognizes that in doing 
the required actions, operators might incur incidental costs in 
addition to the direct costs. The cost analysis in ADs, however, 
typically does not include incidental costs, including airplane down 
time, which might vary significantly among operators. Even if 
additional down time is necessary for some airplanes in some cases, the 
FAA does not have sufficient information to evaluate the number of 
potentially affected airplanes or the amount of additional downtime 
that may be required. Therefore, it would be impossible to estimate 
such costs.

Request To Clarify Part Configuration

    DAL stated paragraph (g) of the proposed AD needs to clarify the 
saddle clamp configuration in Figure 1 of the service information 
referenced in Transport Canada AD CF-2022-08. (The FAA assumes the 
commenter is referring to Figure 1, Sheet 2, which identifies item 
numbers ``15 OR 16 OR 17''; Figure 1, Sheet 4, which identifies 
``THREADED COUPLING BODY B0305072-20DE OR -24DE''; and Figure 1, Sheet 
5, which identifies ``RIGID COUPLING BODY B0305118-20A or -24A.'') The 
commenter stated that use of the term ``or'' in these locations 
incorrectly implies that the parts are interchangeable. DAL stated that 
operators should instead refer to Figure 1 in Issue 003 of ACLP Service 
Bulletin BD500-282006 for the correct installation specifications.
    The FAA agrees to add clarification regarding the referenced 
information. The FAA has received confirmation from Airbus Canada that 
in all cases where the term ``OR'' is used in the figures described 
above, reference is made to the clamp assembly in each instance and the 
parts are applicable to all affected airplanes, and are identified as 
``two-way interchangeable'' in the Illustrated parts data publication 
(IPDP). The operator may also refer to the IPDP for clarification.

Request To Revise Punctuation

    DAL requested that paragraph (h)(4) of the proposed AD be changed 
to remove the apostrophe in ``hour's air time because the word 
``hour's'' is not used in Transport Canada AD CF-2022-08.
    The FAA has revised paragraph (h)(4) of this AD to quote the phrase 
from the Transport Canada AD verbatim.

Request for Clarification of Required for Compliance (RC) Procedure

    DAL requested clarification of the RC steps in the service 
information referenced in Transport Canada CF-2022-08. DAL requested 
that the proposed AD clarify that the RC paragraph is referring to 
Section 3 procedure and not the steps under the title ``Procedure.''
    The FAA provides the following clarification. Only Section 3 
Procedure (in each Part) under the title Procedure is required for 
compliance. Section 2, Job set-up, and section 4, Job close-up, are 
recommended but not required. Paragraph (h)(7) of this AD has been 
added to clarify these requirements.

Request To Clarify Conditions for Replacement

    Paragraph (h)(5) of the proposed AD stated that replacement of the 
affected part would be required ``if any mechanical wear damage is 
found on which the measured damage is within the specifications 
identified in ACLP SB BD500-282006.'' Delta requested that ``within the 
specifications'' be changed to ``outside of the specifications.''
    The FAA agrees that if the measured damage exceeds the allowable 
damage value given by the service bulletin, then the part is required 
to be replaced. If the part does not exceed the allowable limits, then 
the part is not required to be replaced. The FAA has changed paragraph 
(h)(5) of this AD to define wear damage requiring replacement, i.e., 
when mechanical wear damage is found on which the measured damage 
exceeds the allowable limits identified in the referenced service 
information.

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 AD CF-2022-08 specifies procedures for repetitive 
general visual inspections for signs of mechanical wear damage (damage 
includes cracks, scores, scratches, nicks, and gouges) of the fuel feed 
system (the fuel feed tubes, related attaching hardware, and the area 
where the saddle clamp was installed), and replacement of affected 
parts (including the fuel tube, related saddle clamp, attaching 
hardware, and fuel shutoff valve) if any

[[Page 56461]]

damage is found that exceeds the allowable limits.
    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.

Interim Action

    The FAA considers that this AD is 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 affects 69 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
----------------------------------------------------------------------------------------------------------------
74 work-hours x $85 per hour = $6,290........................              $0           $6,290         $434,010
----------------------------------------------------------------------------------------------------------------

    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 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
7 work-hours x $85 per hour = $595....         $57,284    Up to $57,879
------------------------------------------------------------------------

    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:

2023-16-02 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22521; Docket No. FAA-2022-1566; 
Project Identifier MCAI-2022-00290-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 22, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all 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.

(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 
engine fuel feed system tubes and fuel tube connections. The FAA is 
issuing this AD to address mechanical wear damage on the engine fuel 
feed system tubes and fuel tube connections. The unsafe condition, 
if not addressed, could result in failure of the affected fuel tubes 
and subsequent failure of the gravity transfer system, which could 
lead to a fuel imbalance resulting in a reduction in aircraft 
functional capabilities and increased crew workload.

(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-2022-08, dated March 3, 2022 
(Transport Canada AD CF-2022-08).

[[Page 56462]]

(h) Exceptions To Transport Canada AD CF-2022-08

    (1) Where Transport Canada AD CF-2022-08 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where paragraph B. of Part 1 of Transport Canada AD CF-2022-
08 specifies a compliance time for accomplishing the inspection, for 
this AD, the inspection must be done at the time specified in 
paragraph (h)(2)(i) or (ii) of this AD, whichever occurs later.
    (i) The compliance time specified in paragraph B. of Part 1 of 
Transport Canada AD CF-2022-08.
    (ii) Within 60 flight hours or 7 days after the effective date 
of this AD, whichever occurs first.
    (3) Where paragraph B. of part II of Transport Canada AD CF-
2022-08 specifies a compliance time for accomplishing the 
inspection, for this AD, the inspection must be done at the time 
specified in paragraph (h)(3)(i) or (ii) of this AD, whichever 
occurs later.
    (i) The compliance time specified in paragraph B. of Part II of 
Transport Canada AD CF-2022-08.
    (ii) Within 60 flight hours or 7 days after the effective date 
of this AD, whichever occurs first.
    (4) Where Transport Canada AD CF-2022-08 refers to ``hours air 
time,'' this AD requires replacing those words with ``flight 
hours.''
    (5) Where Transport Canada AD CF-2022-08 specifies to ``rectify 
any discrepancy,'' this AD requires replacing those words with ``if 
any mechanical wear damage is found on which the measured damage 
exceeds the allowable limits identified in ACLP SB BD500-282006, 
before further flight replace the affected part.''
    (6) Where the service information referenced in Transport Canada 
AD CF-2022-08 specifies ``washer part number NAS1149E0332R,'' this 
AD requires replacing those words with ``washer part number 
NAS1149D0332J.''
    (7) Where Transport Canada AD CF-2022-08 requires actions ``in 
accordance with Parts C and D Accomplishment Instructions of ACLP SB 
BD500-282006,'' and ``in accordance with Parts A and B 
Accomplishment Instructions of ACLP SB BD500-282006,'' this AD 
requires replacing those words with ``in accordance with Section 3 
Procedure in each Part of the Accomplishment Instructions of ACLP SB 
BD500-282006.''

(i) No Reporting Requirement

    Although the service information referenced in Transport Canada 
AD CF-2022-08 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 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 
paragraphs (i) and (j)(2) of this AD, if any service information 
contains procedures that are identified as RC, those procedures must 
be done to comply with this AD; any procedures that are not 
identified as RC are recommended. Those procedures 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 
identified as RC can be done and the airplane can be put back in an 
airworthy condition. Any substitutions or changes to procedures 
identified as RC require approval of an AMOC.

(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 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-2022-08, dated March 3, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-08, 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 August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-17772 Filed 8-17-23; 8:45 am]
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