[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
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 4910-13-P