[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Proposed Rules]
[Pages 33300-33303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09015]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1285; Project Identifier MCAI-2023-01146-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).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2023-05-08, which applies to certain Airbus Canada Limited Partnership 
Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2023-05-08 requires 
required revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. Since the FAA issued AD 2023-05-08, the FAA has determined 
that new or more restrictive airworthiness limitations are necessary. 
This proposed AD would continue to require certain actions in AD 2023-
05-08 and require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by June 13, 2024.

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-2024-1285; 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 Airbus Canada Limited Partnership material, 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.
     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: Gabriel D. Kim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7343; 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-2024-1285; Project Identifier 
MCAI-2023-01146-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 
the 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 
Gabriel D. Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590, telephone 516-228-7343; email [email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2023-05-08, Amendment 39-22377 (88 FR 20751, 
April 7, 2023) (AD 2023-05-08), for certain Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2023-05-08 
requires revising the existing maintenance or inspection program, as

[[Page 33301]]

applicable, to incorporate new or more restrictive airworthiness 
limitations. AD 2023-05-08 resulted from a determination that new or 
more restrictive airworthiness limitations are necessary. The FAA 
issued AD 2023-05-08 to supersede AD 2021-04-05, Amendment 39-21426 (86 
FR 10799, February 23, 2021). AD 2023-05-08 terminated the actions 
specified in AD 2021-04-05, except for Section 03, ``Candidate CMR 
Limitations--General'', of Airbus Canada Limited Partnership A220 
Airworthiness Limitations, BD500-3AB48-11400-02, Issue 011.00, dated 
June 18, 2020. The FAA issued AD 2023-05-08 to address reduced 
structural integrity of the airplane or reduced controllability of the 
airplane.

Actions Since AD 2023-05-08 Was Issued

    Since the FAA issued AD 2023-05-08, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2023-69, dated October 5, 
2023 (TCCA AD CF-2022-18) (also referred to after this as the MCAI), to 
correct an unsafe condition for certain Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. Airplanes with 
an original airworthiness certificate or original export certificate of 
airworthiness issued after August 17, 2023, must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability.
    The FAA is proposing this AD to address new or more restrictive 
airworthiness limitations are necessary. The FAA is proposing this AD 
to address reduced structural integrity of the airplane or reduced 
controllability of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1285.

Related Service Information Under 1 CFR Part 51

    Airbus Canada Limited Partnership has issued A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 017.01, dated August 17, 2023, 
which describes airworthiness limitations for fuel tank systems, safe 
life limits, and certification maintenance requirements.
    This proposed AD would also require Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, Issue 
014.00, dated February 3, 2022, which the Director of the Federal 
Register approved for incorporation by reference as of May 12, 2023 (88 
FR 20751, April 7, 2023).
    This proposed AD would also require Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, Issue 
011.00, dated June 18, 2020, which the Director of the Federal Register 
approved for incorporation by reference as of March 30, 2021 (86 FR 
10799, February 23, 2021).
    This service information 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.

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 
[and service information] referenced above. The FAA is issuing this 
NPRM after determining that the unsafe condition described previously 
is likely to exist or develop on other products of the same type 
design.

Proposed Requirements of This NPRM

    This proposed AD would retain all requirements of AD 2023-05-08, 
which includes retaining Section 03, ``Candidate CMR Limitations--
General,'' of Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 011.00, dated June 18, 2020. 
This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. Revising the existing 
maintenance or inspection program as proposed in this AD would 
terminate the retained requirements from AD 2023-05-08 that are 
specified in paragraph (i) of this proposed AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(m)(1) of this proposed AD.

Differences Between This NPRM and the MCAI or Service Information

    TCCA AD CF-2023-69 specifies to incorporate all sections of the 
airworthiness limitations document. This proposed AD would not require 
the incorporation of Section 03, ``Candidate CMR limitations,'' of 
Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 017.01, dated August 17, 2023. However, 
this proposed AD would continue to require the incorporation of Section 
03, ``Candidate CMR limitations--General,'' of Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, Issue 
011.00, dated June 18, 2020, which is identical to the list of CCMRs 
identified in Issue 017.01.

Costs of Compliance

    The FAA estimates that this proposed AD affects 99 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2023-05-08 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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

[[Page 33302]]

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:
0
a. Removing Airworthiness Directive 2023-05-08, Amendment 39-22377 (88 
FR 20751, April 7, 2023); and
0
b. 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-2024-1285; Project Identifier MCAI-2023-01146-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 13, 2024.

(b) Affected ADs

    This AD replaces AD 2023-05-08, Amendment 39 22377 (88 FR 20751, 
April 7, 2023) (AD 2023-05-08).

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership airplanes, 
certificated in any category, as identified in paragraphs (c)(1) and 
(2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before August 17, 
2023.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before August 17, 
2023.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With Revised Language

    This paragraph restates the requirements of paragraph (g) of AD 
2023-05-08, with revised language. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before June 18, 2020: Within 90 days 
after March 30, 2021 (the effective date of AD 2021-04-05, Amendment 
39-21426 (86 FR 10799, February 23, 2021)), revise the existing 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Section 03, ``Candidate CMR Limitations--
General,'' of Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 011.00, dated June 18, 
2020. The initial compliance time for doing the tasks is at the time 
specified in Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 011.00, dated June 18, 
2020, or within 90 days after March 30, 2021, whichever occurs 
later.

(h) Retained No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With Revised Language

    This paragraph restates the requirements of paragraph (h) of AD 
2023-05-08 with revised language. After the existing maintenance or 
inspection program has been revised as required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections), intervals, or 
CDCCLs may be used unless the actions, intervals, and CDCCLs are 
approved as an alternative method of compliance.

(i) Retained Revision of the Existing Maintenance or Inspection 
Program, With a New Terminating Action

    This paragraph restates the requirements of paragraph (i) of AD 
2023-05-08, with a new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before February 3, 2022: Within 90 days 
after May 12, 2023 (the effective date of AD 2023-05-08), revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Sections 01, 
``Airworthiness limitations--Introduction;'' 02, ``Certification 
maintenance requirements--General;'' 04, ``ALI structural 
inspections--General;'' 05, ``Life limited parts--General;'' 06, 
``Fuel system limitations--General;'' 07, ``Critical design 
configuration control limitations--General;'' 08, ``Power plant 
limitations--General;'' 09, ``Structural repair limitations--
General;'' and 10, ``Limit of validity--General;'' inclusive of 
Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 014.00, dated February 3, 2022. The 
initial compliance time for doing the tasks is at the time specified 
in Airbus Canada Limited Partnership A220 Airworthiness Limitations, 
BD500-3AB48-11400-02, Issue 014.00, dated February 3, 2022, or 
within 90 days after May 12, 2023 (the effective date of AD 2023-05-
08), whichever occurs later. Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (k) 
of this AD terminates the requirements of this paragraph.

(j) Retained No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With a New Exception

    This paragraph restates the requirements of paragraph (j) of AD 
2023-05-08, with a new exception. Except as required by paragraph 
(k) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (i) of this AD, no 
alternative actions (e.g., inspections), intervals, or CDCCLs may be 
used unless the actions, intervals, and CDCCLs are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (m)(1) of this AD.

(k) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 017.01, dated August 17, 2023, except for the information 
specified in Section 03, ``Candidate CMR Limitations--General''. The 
initial compliance time for doing the tasks is at the time specified 
in Airbus Canada Limited Partnership A220

[[Page 33303]]

Airworthiness Limitations, BD500-3AB48-11400-02, Issue 017.01, dated 
August 17, 2023, or within 90 days after the effective date of this 
AD, whichever occurs later. Accomplishing the revision of the 
existing maintenance or inspection program required by this 
paragraph terminates the actions required by paragraph (i) of this 
AD.

(l) New No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (k) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (m)(1) of this 
AD.

(m) 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 the address identified 
in paragraph (n)(2) of this AD. Information may be emailed to: 9-
[email protected].
    (i) 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.

(n) Additional Information

    (1) Refer to Transport Canada AD CF-2023-69, dated October 5, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2024-1285.
    (2) For more information about this AD, contact Gabriel D. Kim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7343; email [email protected].

(o) 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.
    (3) The following service information was approved for IBR on 
[DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 017.01, dated August 17, 
2023.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
May 12, 2023 (88 FR 20751, April 7, 2023).
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 014.00, dated February 3, 
2020.
    (ii) [Reserved]
    (5) The following service information was approved for IBR on 
March 30, 2021 (86 FR 10799, February 23, 2021).
    (i) Airbus Canada Limited Partnership A220 Airworthiness 
Limitations, BD500-3AB48-11400-02, Issue 011.00, dated June 18, 
2020.
    (ii) [Reserved]
    (6) For Airbus Canada Limited Partnership material, 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.
    (7) 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.
    (8) 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 April 20, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09015 Filed 4-26-24; 8:45 am]
BILLING CODE 4910-13-P