[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Rules and Regulations]
[Pages 11213-11216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03548]
[[Page 11213]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T;
Amendment 39-22939; AD 2025-02-06]
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 a report that the nose radome
lightning diverter strips on certain aircraft were painted in
production; paint on the diverter strips can compromise the nose radome
lightning protection. This AD requires inspecting for paint on the
diverter strips on the nose radome, and replacing the nose radome 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 9, 2025.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 9,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1650; 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 Transport Canada material identified 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 at tc.canada.ca/en/
aviation.
For Airbus Canada Limited Partnership material identified
in this AD, 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. It is also available at regulations.gov under
Docket No. FAA-2022-1650.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, 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-500-1A11 airplanes. The NPRM published in
the Federal Register on December 20, 2022 (87 FR 77763) (the NPRM). The
NPRM was prompted by AD CF-2022-04, dated February 14, 2022, issued by
Transport Canada, which is the aviation authority for Canada (Transport
Canada AD CF-2022-04) (also referred to as the MCAI). The MCAI states
that the nose radome lightning diverter strips on certain aircraft were
painted in production; paint on the diverter strips can compromise the
nose radome lightning protection. Reduced effectiveness of the diverter
strips can lead to the puncture of the nose radome by lightning and
potential arc attachment to antennas, structures, and other equipment
in the area of the nose radome.
In the NPRM, the FAA proposed to require inspecting for paint on
the diverter strips on the nose radome, and replacing the nose radome
if necessary, as specified in Transport Canada AD CF-2022-04. The FAA
is issuing this AD to address the unsafe condition on these products.
The unsafe condition, if not addressed, could result in damage to the
localizer or glideslope antennas, and consequent loss of instrument
landing system localizer inputs or deviation information.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 by adding an AD that would apply to certain
Airbus Canada Limited Partnership Model BD-500-1A11 airplanes. The
first SNPRM published in the Federal Register on July 14, 2023 (88 FR
45102) (the first SNPRM). The first SNPRM was prompted by the FAA
determination that the affected nose radomes may be installed as
rotable spares on airplanes outside of the applicability of the NPRM.
In the first SNPRM, the FAA proposed to expand the applicability to
apply to airplanes equipped with specific part numbers and serial
numbers of nose radomes. The FAA issued a second SNPRM that would apply
to certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. The second SNPRM published in the Federal Register
on February 20, 2024 (89 FR 12788) (the second SNPRM). The second SNPRM
was prompted by the FAA determination that the affected nose radomes
may be installed as rotable spares on Airbus Canada Limited Partnership
Model BD-500-1A10 airplanes. In the second SNPRM, the FAA proposed to
expand the applicability to include Model BD-500-1A10 airplanes
equipped with specific part numbers and serial numbers of nose radomes.
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-2022-1650.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from two commenters, including Delta Air
Lines (Delta) and JetBlue Airways (JetBlue). The following presents the
comments received on the second SNPRM and the FAA's response to each
comment.
Request To Revise Heading of Paragraph (h) of the Proposed AD
Delta requested that the heading of paragraph (h) of the proposed
AD be changed to ``Exceptions to Transport Canada AD CF-2022-04'' since
there is more than one exception listed in paragraph (h) of the
proposed AD.
The FAA agrees for the reason provided and has changed this AD
accordingly.
Request To Add Exceptions To Allow Use of Alternative Service
Information
Delta also requested revising paragraph (h) of the proposed AD to
add the following exceptions: (1) where Transport Canada AD CF-2022-04
specifies removing and installing nose
[[Page 11214]]
radomes using certain aircraft maintenance publication data modules,
allow a repair of affected nose radomes by replacing the lightning
diverter strips with new, unpainted lightning diverter strips in
accordance with (Airbus Canada Limited Partnership) A220 (Aircraft
Structure Repair Publication (ASRP)) Task BD500-A-J53-81-80-01AAA-664A-
A, Issue 004, dated January 17, 2024 (ASRP Task BD500-A-J53-81-80-
01AAA-664A-A); and (2) where Airbus Canada Limited Partnership A220
Service Bulletin (SB) BD500-538009, Issue 002, dated June 2, 2022 (SB
BD500-538009, Issue 002) specifies to remove and discard the nose
radomes, allow a repair of removed nose radomes by replacing the
lightning diverter strips with new, unpainted lightning diverter
strips, in accordance with ASRP Task BD500-A-J53-81-80-01AAA-664A-A.
Delta pointed out that paragraph (g) of the proposed AD requires
accomplishment of Transport Canada AD CF-2022-04 to address the unsafe
condition, but Transport Canada AD CF-2022-04 does not provide direct
corrective action for nose radomes with painted lighting diverter
strips. Delta observed that paragraph (h)(2) of the proposed AD allows
use of SB BD500-538009, Issue 002, which directs operators to discard
the removed nose radome. Meanwhile, Delta reasoned that paragraph (i)
of the proposed AD does suggest that a method of making an affected
nose radome safe is intended to exist, stating that the affected nose
radomes may be installed only if ``the actions required by paragraph
(g) of this AD have been accomplished on the nose radome.'' Delta
further remarked that, unfortunately, no actions for resolving the
unsafe condition on the nose radome exist in either paragraph (g) of
the proposed AD or in Transport Canada AD CF-2022-04. Paragraph (g) of
the proposed AD refers to the differences outlined in paragraph (h) of
the proposed AD, however Delta asserted paragraph (h) of the proposed
AD provides no relief. Therefore, because removal of the painted
lighting diverter strips from the nose radome and replacement with new,
unpainted diverter strips resolves the unsafe condition addressed in
the second SNPRM, Delta asserted that ASRP Task BD500-A-J53-81-80-
01AAA-664A-A exists explicitly to complete ``radome, diverter strip
replacement'' and should be identified in the second SNPRM.
The FAA agrees for the reasons provided. ASRP Task BD500-A-J53-81-
80-01AAA-664A-A provides the Airbus Canada-approved generic-repair
procedure for the replacement of the diverter strips installed on the
nose radome and can be used by any operator. Therefore, paragraphs
(h)(3) and (4) have been added to this AD to allow repair of nose
radomes by replacement with new, unpainted diverter strips in
accordance with ASRP Task BD500-A-J53-81-80-01AAA-664A-A.
Request To Explicitly Allow Post-Repair Installation of Affected Nose
Radomes
JetBlue requested paragraph (i) of the proposed AD be revised to
allow the affected nose radome serial numbers to be installed on other
airplanes after the diverter strips are replaced using ASRP Task BD500-
A-J53-81-80-01AAA-664A-A. JetBlue pointed out that this is not
explicitly stated in either Transport Canada AD CF-2022-04 or SB BD500-
538009, Issue 002, but the available repair in the ASRP task will make
the nose radome that was removed and replaced serviceable with new
diverter strips (without paint) as Airbus Canada confirmed with JetBlue
Engineering.
The FAA agrees with the request to allow affected nose radome
serial numbers to be installed on an airplane after the diverter strips
are replaced using ASRP Task BD500-A-J53-81-80-01AAA-664A-A. ASRP Task
BD500-A-J53-81-80-01AAA-664A-A provides the Airbus Canada-approved
generic repair procedure for the replacement of the diverter strips
installed on the nose radome and can be used by any operator. However,
the FAA does not agree to revise paragraph (i) of this AD. Instead, as
previously explained, the FAA has added paragraphs (h)(3) and (4) to
this AD allowing use of ASRP Task BD500-A-J53-81-80-01AAA-664A-A.
Therefore, using ASRP Task BD500-A-J53-81-80-01AAA-664A-A is equivalent
to accomplishing the actions specified in paragraph (g) of this AD. No
further change to this AD is necessary in this regard.
Request To Clarify Paragraph (j) of the Proposed AD
Delta requested clarification of paragraph (j) of the proposed AD,
which provides credit for previous actions. Delta asserted that the
language currently used only allows credit if Airbus Canada Limited
Partnership A220 Service Bulletin BD500-538009, Issue 001, dated May 9,
2022, is used. Delta further stated that paragraph (j) of the proposed
AD fails to explicitly allow credit for actions completed in accordance
with Transport Canada AD CF-2022-04 (which is referred to as the
appropriate source of information for doing the actions required by
paragraph (g) of the proposed AD). If the intent is to allow credit for
either corrective action accomplished before the effective date of the
FAA AD, then Delta asserted that both sources of information should be
identified in paragraph (j) of the proposed AD.
The FAA acknowledges Delta's request and agrees to clarify.
Paragraph (f) of this AD states to accomplish the required actions
within the compliance times specified, ``unless already done.''
Therefore, if operators have accomplished the actions required for
compliance with this AD before the effective date of this AD, no
further action is necessary. No change is necessary to 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 second SNPRM. None of the changes will increase the
economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
Transport Canada AD CF-2022-04 specifies procedures for inspecting
for paint on the lightning diverter strips on the nose radome, and
replacing the nose radome if the lightning diverter strips are painted.
The FAA also reviewed SB BD500-538009, Issue 002. This material
specifies procedures for inspecting for paint on the lightning diverter
strips on the nose radome, and replacing and painting the nose radome
if the lightning diverter strips are painted.
The FAA also reviewed ASRP Task BD500-A-J53-81-80-01AAA-664A-A.
This material describes procedures for repair of the nose radome by
replacing the lightning diverter strips with new, unpainted diverter
strips.
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.
[[Page 11215]]
Costs of Compliance
The FAA estimates that this AD affects 7 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 * $510 $3,570
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* The FAA has received no definitive data on which to base the parts cost estimate for the nose radome
replacement.
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:
2025-02-06 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22939; Docket No. FAA-2022-1650;
Project Identifier MCAI-2022-00210-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 9, 2025.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category,
with a nose radome having part number (P/N) C01204101-007 or P/N
C01204101-009 and a serial number (S/N) S456997, S/N S570556, S/N
S626945, S/N S866894, S/N T099675, S/N T471773, or S/N T595935.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a report that the nose radome lightning
diverter strips on certain aircraft were painted in production;
paint on the diverter strips can compromise the nose radome
lightning protection. The FAA is issuing this AD to address reduced
effectiveness of the diverter strips, which can lead to the puncture
of the nose radome by lightning and potential arc attachment to
antennas, structures, and other equipment in the area of the nose
radome. The unsafe condition, if not addressed, could result in
damage to the localizer or glideslope antennas, and consequent loss
of instrument landing system localizer inputs or deviation
information.
(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-2022-04, dated February 14,
2022 (Transport Canada AD CF-2022-04).
(h) Exceptions to Transport Canada AD CF-2022-04
(1) Where Transport Canada AD CF-2022-04 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2022-04 specifies removing and
installing a nose radome using certain aircraft maintenance
publication data modules, this AD also allows accomplishing those
actions in accordance with Airbus Canada Limited Partnership A220
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022, with
the exception that the painting of the nose radome can be
accomplished prior to installation, and that the following nose
radome assembly part numbers may be used: P/N C01204101-003, P/N
C01204101-005, P/N C01204101-007, P/N C01204101-009, and P/N
C01204101-011.
(3) Where Transport Canada AD CF-2022-04 specifies removing and
installing a nose radome using certain aircraft maintenance
publication data modules, this AD also allows repairing nose radomes
by replacing the lightning diverter strips with new, unpainted
lightning diverter strips, in accordance with (Airbus Canada Limited
Partnership) A220 (Aircraft Structure Repair Publication (ASRP))
Task BD500-A-J53-81-80-01AAA-664A-A, Issue 004, dated January 17,
2024.
(4) Where Airbus Canada Limited Partnership A220 Service
Bulletin BD500-538009, Issue 002, dated June 2, 2022, specifies to
remove and discard the nose radome, this AD allows repairing removed
nose radomes by replacing the lightning diverter strips with new,
unpainted lightning
[[Page 11216]]
diverter strips, in accordance with (Airbus Canada Limited
Partnership) A220 (ASRP) Task BD500-A-J53-81-80-01AAA-664A-A, Issue
004, dated January 17, 2024.
(i) Parts Installation Limitation
As of the effective date of this AD, no person may install, on
any airplane, a nose radome having P/N C01204101-007 or P/N
C01204101-009 and a S/N S456997, S/N S570556, S/N S626945, S/N
S866894, S/N T099675, S/N T471773, or S/N T595935 unless the actions
required by paragraph (g) of this AD have been accomplished on the
nose radome.
(j) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Airbus Canada Limited Partnership A220 Service
Bulletin BD500-538009, Issue 001, dated May 9, 2022.
(k) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 certification office, send it to the address identified in
paragraph (l)(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, AIR-520,
Continued Operational Safety 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.
(3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any material contains procedures or
tests that are identified as RC, those procedures and tests must be
done to comply with this AD; any procedures or tests that are not
identified as RC are recommended. Those procedures and tests that
are not identified as RC may be deviated from using accepted methods
in accordance with the operator's maintenance or inspection program
without obtaining approval of an AMOC, provided the procedures and
tests identified as RC can be done and the airplane can be put back
in an airworthy condition. Any substitutions or changes to
procedures or tests identified as RC require approval of an AMOC.
(l) Additional Information
(1) For more information about this AD, contact Steven
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(2) Material identified in this AD that is not incorporated by
reference is available at the addresses specified in paragraphs
(m)(3) of this AD.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) (Airbus Canada Limited Partnership) A220 (Aircraft Structure
Repair Publication) Task BD500-A-J53-81-80-01AAA-664A-A, Issue 004,
dated January 17, 2024.
(ii) Airbus Canada Limited Partnership A220 Service Bulletin
BD500-538009, Issue 002, dated June 2, 2022.
(iii) Transport Canada AD CF-2022-04, dated February 14, 2022.
(3) For Airbus Canada Limited Partnership material identified in
this AD, 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.
(4) For Transport Canada material identified 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.
(5) 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.
(6) 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 January 17, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-03548 Filed 3-4-25; 8:45 am]
BILLING CODE 4910-13-P