[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Rules and Regulations]
[Pages 27366-27368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08103]
[[Page 27366]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1818; Project Identifier MCAI-2023-00582-T;
Amendment 39-22699; AD 2024-05-08]
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 a report of a fouling condition
(interference) between the gimbal bushing and the airplane horizontal
stabilizer trim actuator (HSTA) structural fitting, which prevented
engagement of the secondary load path. This AD requires replacing the
upper gimbal bushing flanges, 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 May 22, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 22,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1818; 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-2023-1818.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 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 September 6, 2023 (88 FR
60901). The NPRM was prompted by AD CF-2023-23, dated April 5, 2023
(Transport Canada AD CF-2023-23) (also referred to as the MCAI), issued
by Transport Canada, which is the aviation authority for Canada. The
MCAI states that interference was found between the gimbal bushing and
the airplane HSTA structural fitting, which prevented engagement of the
secondary load path. On multiple other Model BD-500-1A10 and BD-500-
1A11 airplanes, similar interference caused visible damage, but the
secondary load path was successfully engaged. Inability to engage the
HSTA secondary load path, following a failure of the primary load path,
may result in a loss of pitch control of the airplane.
In the NPRM, the FAA proposed to require replacing the upper gimbal
bushing flanges, as specified in Transport Canada AD CF-2023-23. 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-2023-1818.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received additional comments from Delta Air Lines (DAL).
The following presents the comment received on the NPRM and the FAA's
response.
Request To Add Exception To Address Discrepancies in Service
Information
DAL requested that an exception be added in the proposed AD to
address a part number discrepancy in the service information specified
in Transport Canada AD CF-2023-23. The commenter stated that the part
number of the pre-modified upper gimbal ring assembly given in the
service information is incorrect and should be corrected from part
number (P/N) 490740-103 to P/N 490740-101.
The FAA agrees with the requested change. The manufacturer has
confirmed that the part number of the pre-modified upper gimbal ring
assembly, as specified in the service information referenced in
Transport Canada AD CF-2023-23, is incorrect and verified that the new
part number specified by the commenter is correct. A new exception has
been added to paragraph (h) of this AD to provide this correction.
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-2023-23 specifies procedures for replacing
the upper gimbal bushing flanges. 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.
[[Page 27367]]
Costs of Compliance
The FAA estimates that this AD affects 4 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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Cost per Cost on U.S.
Labor cost Parts cost product operators
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Up to 24 work-hours x $85 per hour = $2,040.................. $5,883 Up to $7,923 Up to $31,692
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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:
2024-05-08 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22699; Docket No. FAA-2023-1818;
Project Identifier MCAI-2023-00582-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 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-2023-23, dated April 5, 2023 (Transport Canada AD CF-
2023-23).
(d) Subject
Air Transport Association (ATA) of America Code: 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by a report of interference between the
gimbal bushing and the airplane horizontal stabilizer trim actuator
(HSTA) structural fitting. The FAA is issuing this AD to ensure no
interference occurs between the bushing and HSTA. The unsafe
condition, if not addressed, could result in the inability of the
HSTA secondary load path to engage, following a failure of the
primary load path, which may result in a loss of pitch control of
the airplane.
(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-2023-23.
(h) Exceptions to Transport Canada AD CF-2023-23
(1) Where Transport Canada AD CF-2023-23 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2023-23 refers to hours air
time, this AD requires using flight hours.
(3) Where the service information referenced in Transport Canada
AD CF-2023-23 refers to the pre-modified upper gimbal ring assembly
as part number ``490740-103,'' this AD requires replacing that
number with ``490740-101.''
(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) 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.
[[Page 27368]]
(j) Additional Information
For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(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-2023-23, dated April 5, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-23, 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 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/ibr-locations, or email [email protected].
Issued on March 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-08103 Filed 4-16-24; 8:45 am]
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