[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45758-45760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11410]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1997; Project Identifier MCAI-2023-00383-T; 
Amendment 39-22748; AD 2024-10-03]
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 all 
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 
airplanes. This AD was prompted by the determination that reliance on 
design assurance level (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 AD requires 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 incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective June 28, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 28, 
2024.

ADDRESSES: 
    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 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, 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-2023-1997.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM was published in the Federal Register on October 19, 2023 (88 FR 
72008). The NPRM was prompted by AD CF-2023-15, dated March 2, 2023 
(also referred to as the MCAI), issued by Transport Canada, which is 
the aviation authority for Canada. 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, which was certified to DAL D. The reliance on 
DAL D software for flight-critical FBW rigging functions may result in 
undetected inaccurate positioning of the primary flight control 
surfaces.
    In the NPRM, the FAA proposed to require the use of specific issues 
of the AMP for electrical rigging procedures, and an electrical rigging 
confirmation check of primary flight control surfaces for certain 
airplanes, as specified in Transport Canada AD CF-2023-15. The FAA is 
issuing this AD to address a potential 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1997.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from Delta Airlines (DAL). The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Revise the Applicability Statement

    DAL requested that the applicability of paragraph (c) of the 
proposed AD be revised to match the applicability of Transport Canada 
CF-2023-15. DAL noted that Part I of Transport Canada AD CF-2023-15 
applies to all Model BD-500-1A10 and BD-500-1A11 airplanes. Delta 
asserted that Part I would not be required by the FAA's proposed AD. 
DAL stated that Part II of Transport Canada AD CF-2023-15 applies to a 
subset of the manufacturer serial numbers (MSNs) identified in the 
applicability of the FAA's proposed AD.
    The FAA infers that DAL requests revising paragraph (c) of the AD 
to reflect the applicability of each Part of Transport Canada AD CF-
2023-15. The FAA also notes that Delta incorrectly assumed that this 
FAA AD does not require the actions of Part I of Transport Canada AD 
CF-2023-15.
    The overall applicability of an AD (paragraph (c) of this AD) 
includes all airplanes affected by any of the requirements of the AD. 
If the applicability of an individual requirement in an AD is a subset 
of the overall applicability, then that individual requirement would 
also

[[Page 45759]]

identify the airplanes affected by that requirement. Transport Canada 
AD CF-2023-15 identifies the airplanes affected by each Part. Since 
this AD requires all actions of Transport Canada AD CF-2023-15, 
including the actions in Part I, no additional exceptions are needed. 
The FAA has not changed this AD as a result of this comment.

Request To Clarify Compliance Time

    DAL requested that a new exception be added to paragraph (h) of the 
proposed AD to state that where Transport AD CF-2023-15 refers to its 
effective date, operators should use the FAA's effective date instead.
    The FAA agrees that an exception should be added to clarify the 
starting point for the compliance time for Part I of Transport Canada 
AD CF-2023-15. This AD has been revised to add paragraph (h)(1) of this 
AD stating that the compliance period starts from the effective date of 
the FAA AD.

Request To Provide Relief From Re-Accomplishment of Certain Actions

    DAL asserted that paragraph (h)(2) of the proposed AD requires re-
accomplishment of the electrical rigging on airplanes on which the 
actions specified in Airbus Canada Limited Partnership Service Bulletin 
BD500-270016 were accomplished prior to the effective date of this AD, 
although such re-accomplishment is not required by Transport Canada AD 
CF-2023-15 or the service bulletin. DAL noted that because paragraph 
(f) of the proposed AD stated that the actions of the AD are required 
``unless already done,'' those actions do not need to be re-
accomplished after the effective date of this AD, since Part II of 
Transport Canada AD CF-2023-15 requires the electrical rigging 
procedure only once.
    The FAA agrees with the request. Paragraph (h)(2) of the proposed 
AD incorrectly included provisions for airplanes on which the actions 
of SB BD500-270016 were already accomplished. And, as the commenter 
noted, paragraph (f) of this AD specifies that required actions done 
before the effective date of the AD do not need to be repeated. 
Paragraph (h)(2) of this AD has been removed, and replaced with an 
exception changing ``hours air time'' to ``flight hours.''

Request To Allow Use of Later-Approved Service Information

    DAL also noted that Transport Canada AD CF-2023-15 allows the use 
of later revisions of the service bulletin, where the proposed AD is 
not specific as to which service bulletin revision is required.
    The FAA provides the following clarification regarding later-
approved service bulletin revisions in this AD. DAL noted that the 
proposed AD did not mention later-approved service bulletins, although 
Transport Canada AD CF-2023-15 allows the use of later revisions of the 
service bulletin. Because this AD automatically adopts this provision 
as part of the requirements of Transport Canada AD CF-2023-15, this AD 
also allows later-approved versions of the service bulletin.

Request To Clarify Reporting Requirements

    DAL requested that the proposed AD be revised to state that no 
reporting is required. DAL stated that no reporting should be necessary 
if the operator is already recording in applicable airplane records 
accomplishment of the service information referenced in Transport 
Canada AD CF-2023-15. Furthermore, DAL declared reporting 
accomplishment does not provide any technical value, nor does it affect 
the airworthiness of the airplane.
    The FAA finds that although reporting is not necessary to comply 
with this AD, there is no need to include an exception in this AD to 
explain this. A ``reporting requirement'' in an AD typically requests 
findings from an inspection to enable the manufacturer to learn more 
about the cause of the AD and determine appropriate corrective actions. 
In this case, the service information referenced in Transport Canada AD 
CF-2023-15 merely requests that operators inform Airbus Canada of the 
completion of the service bulletin for their airplanes and does not 
specify submitting specific information such as test results. 
Therefore, no change is necessary to this AD.

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-2023-15 specifies using specific AMP 
versions 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 
the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 72 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 9 work-hours x $85 per hour =                  $0   Up to $765................  Up to $55,080.
 $765.
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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

[[Page 45760]]

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:

2024-10-03 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22748; Docket No. FAA-2023-1997; 
Project Identifier MCAI-2023-00383-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 28, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Canada Limited Partnership Model 
BD-500-1A10 and BD-500-1A11 airplanes, certified in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(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) Exceptions to Transport Canada AD CF-2023-15

    (1) Where Transport Canada AD CF-2023-15 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2023-15 refers to hours air 
time, this AD requires replacing those words with flight hours.

(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) For Airbus Canada Limited Partnership service information 
identified in this AD that is not incorporated by reference, 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.

(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 Transport Canada AD CF-2023-15, 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 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 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.html, or email [email protected].

    Issued on May 8, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-11410 Filed 5-23-24; 8:45 am]
BILLING CODE 4910-13-P