[Federal Register Volume 89, Number 53 (Monday, March 18, 2024)]
[Rules and Regulations]
[Pages 19228-19231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05493]


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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; 
Amendment 39-22685; AD 2024-04-06]
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 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 AD requires 
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 incorporated 
by reference. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 22, 
2024.

ADDRESSES: 
    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 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 identified in this final rule, 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 that is incorporated by 
reference 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-2023-1709.

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 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 NPRM published in the Federal 
Register on August 14, 2023 (88 FR 54949). The NPRM was prompted by AD 
CF-2022-70, dated December 21, 2022, issued by Transport Canada, which 
is the aviation authority for Canada (Transport Canada AD CF-2022-70) 
(also referred to as the MCAI). 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

[[Page 19229]]

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 issuing 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.

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 one commenter, Delta Air 
Lines (Delta). The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Request To Update the Service Information to the Latest Revision

    Delta requested that an exception be added to paragraph (h) of the 
proposed AD to clarify the steps in vendor service bulletin referenced 
in Airbus Service Bulletin BD500-282015 Issue 003, dated November 10, 
2022, until Issue 004 is published. Delta noted that when Airbus 
Service Bulletin BD500-282015 Issue 004 is published, operators can use 
Issue 004 as specified in Transport Canada AD CF-2022-70, which 
includes the text ``ACLP SB BD500-282015, Issue 003, dated 10 November 
2022, or later revisions approved by the Chief, Continuing 
Airworthiness, Transport Canada.''
    The FAA agrees that operators can use Airbus Service Bulletin 
BD500-282015 Issue 004 that was published on December 4, 2023, which 
includes changes to the steps in the vender service bulletin referenced 
in Airbus Service Bulletin BD500-282015 Issue 003, dated November 10, 
2022. However, the FAA has not added an exception to this AD because 
the MCAI, which is incorporated by reference, already permits later 
approved revisions of the service information. In any event, operators 
can use Airbus Service Bulletin BD500-282015 Issue 003, dated November 
10, 2022, without exceptions, to address the unsafe condition.

Request for Allowance To Replace Instead of Repair the Fuel Tube

    Delta requested another exception be added to paragraph (h) of the 
proposed AD to allow performing step 2.7 in lieu of step 2.6 of Airbus 
Service Bulletin BD500-282015 Issue 003, dated November 10, 2022. Step 
2.6 states ``On the fuel tube (1), if there is damage to the paint only 
(with no bare metal visible)'' and Step 2.7 states ``On the fuel tube 
(1), if there is damage and bare metal is exposed.'' Determining paint 
damage to a fuel tube is subjective and difficult to ensure just paint 
was removed. Delta would like to replace the motive flow tubes instead 
of repairing them as required in Step 2.6. Delta stated that during the 
accomplishment of Step 2.5 that requires a visual inspection of the 
fuel tube (1) for damage, the option to replace the fuel tube(s) should 
be made available.
    The FAA agrees with the request. Paint damage assessment is 
subjective and replacing the fuel tube(s) is an acceptable method of 
compliance instead of repairing the fuel tube(s). The FAA has changed 
this AD to include an additional exception to paragraph (h) of this AD.

Request for Allowance for Alternative Access

    Delta requested that the FAA identify required for compliance (RC) 
steps in the vendor service information referenced in Airbus Service 
Bulletin BD500-282015 Issue 003, dated November 10, 2022. Delta stated 
there is no RC paragraph in the vendor service information and that 
there are errors in the open-up steps. Delta stated that it is 
important for the FAA to identify RC steps so that operators can 
correctly gain access to the motive flow tubes in collector tanks 
common to Ribs 5-6 of the left-hand and right-hand wing.
    The FAA acknowledges the commenter's request; however, although the 
vendor service information does not identify RC steps, it does allow 
operators to use alternative access. In the job set-up section of the 
vendor service information, it specifies that ``The steps in the Job 
set-up section of this service bulletin are recommended steps. The 
steps give a recommendation to get access to the work area. This 
recommendation is to give a safe work area and to minimize possible 
damage to surrounding aircraft parts. Alternative steps can be used at 
the discretion of the operator.'' 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, 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-2022-70 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 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 84 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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                  $0  Up to $1,403.................  Up to $117,810.
 hour = $1,403.
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[[Page 19230]]

    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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                                                             Cost per
              Labor cost                   Parts cost        product
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12 work-hours x $85 per hour = $1,020.          $5,256           $6,276
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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 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:

2024-04-06 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22685; Docket No. FAA-2023-1709; 
Project Identifier MCAI-2022-01642-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 22, 2024.

(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.

(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 specifies ``hours air 
time'', this AD requires replacing that text with ``flight hours.''
    (3) Where Part II of Transport Canada AD CF-2022-70 specifies 
``rectify as required,'' this AD requires replacing that text with 
``accomplish all corrective actions before further flight.''
    (4) Where the service information referenced in Part II of 
Transport Canada AD CF-2022-70 specifies to do rework if there is no 
damage or paint damage only, operators may either do the rework or 
replace the fuel tubes as specified in the service information 
referenced in Part II of Transport Canada AD CF-2022-70.

(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.

[[Page 19231]]

    (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 material that is incorporated by reference 
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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on March 11, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-05493 Filed 3-15-24; 8:45 am]
BILLING CODE 4910-13-P