[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Proposed Rules]
[Pages 72008-72010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22546]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / 
Proposed Rules  

[[Page 72008]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1997; Project Identifier MCAI-2023-00383-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).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This proposed AD was prompted by the determination that 
reliance on DAL D software for flight critical fly-by-wire (FBW) 
rigging functions may result in undetected inaccurate positioning of 
the primary flight control surfaces. This proposed AD would require the 
use of specific issues of the aircraft maintenance publication (AMP) 
for electrical rigging procedures, and an electrical rigging 
confirmation check of primary flight control surfaces for certain 
airplanes, 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 December 4, 
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-2023-1997; 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 AD, contact 
Transport Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]. You may find this material on the 
Transport Canada website at 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.

FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 516-228-7300; 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-2023-1997; Project Identifier 
MCAI-2023-00383-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 
William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: 516-228-7300; 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-2023-15, dated March 2, 2023 (Transport 
Canada AD CF-2023-15) (also referred to as the MCAI), to correct an 
unsafe condition for all Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes. The MCAI states that during the 
airplane design review, it was discovered that the FBW electrical 
rigging functions rely in part on the primary flight control computer 
maintenance partition certified to design assurance level (DAL) D. The 
reliance on DAL D software for flight critical FBW rigging functions 
may result in undetected inaccurate

[[Page 72009]]

positioning of the primary flight control surfaces.
    The FAA is issuing this AD to ensure accurate rigging of the 
aircraft primary flight control surfaces. Undetected inaccurate 
positioning of the primary flight control surfaces, in combination with 
an additional failure or extreme maneuvers, can lead to runway 
excursion or exceedance of the structure ultimate load.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1997.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2023-15 specifies using specific AMP issues 
for electrical rigging procedures for primary flight control surfaces, 
and, for certain airplanes, performing an electrical rigging 
confirmation check of primary flight control surfaces.
    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.

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-2023-15 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-2023-15 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2023-15 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-2023-15 for compliance will be 
available at regulations.gov under Docket No. FAA-2023-1997 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 72 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                    Parts cost          Cost per product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 9 work-hours x $85 per hour =                     $0  Up to $765...............  Up to $55,080.
 $765.
----------------------------------------------------------------------------------------------------------------

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-2023-1997; Project Identifier MCAI-2023-00383-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by December 4, 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 27, Flight 
Controls.

[[Page 72010]]

(e) Unsafe Condition

    It is possible that the surface travel checks were not done 
after the electrical rigging of the ailerons, the elevators, and the 
rudder. If this occurs, it is possible that the ailerons, the 
elevators, and the rudder will not be able to reach their maximum 
travel or return to their neutral position. The FAA is issuing this 
AD to ensure accurate rigging of the aircraft primary flight control 
surfaces by adding physical travel and centering checks of primary 
flight control surfaces. The unsafe condition, if not addressed, 
could result in undetected inaccurate positioning of the primary 
flight control surfaces which in combination with an additional 
failure or extreme maneuvers can lead to runway excursion or 
structure ultimate load exceedance.

(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-2023-15, dated March 2, 2023 
(Transport Canada AD CF-2023-15).

(h) Exception to Transport Canada AD CF-2023-15

    In Transport Canada AD CF-2023-15, instead of using the 
compliance time specified in Part II, comply with Part II at the 
later of the times specified in paragraphs (h)(1) and (2) of this 
AD.
    (1) For airplanes on which the actions specified in Airbus 
Canada Limited Partnership A220 Service Bulletin BD500-270016 have 
not been done before the effective date of this AD: Within 930 
flight hours after the effective date of this AD.
    (2) For airplanes on which the actions specified in Airbus 
Canada Limited Partnership A220 Service Bulletin BD500-270016 have 
been done before the effective date of this AD: Within 4,900 flight 
hours after accomplishment of the actions specified in Airbus Canada 
Limited Partnership A220 Service Bulletin BD500-270016, or within 
930 flight hours after the effective date of this AD, whichever 
occurs later.

(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 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.

(j) Additional Information

    (1) For more information about this AD, contact William 
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: [email protected].
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) of this AD.

(k) 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-2023-15 dated March 2, 2023.
    (ii) [Reserved]
    (3) 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.
    (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 October 5, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22546 Filed 10-18-23; 8:45 am]
BILLING CODE 4910-13-P