Rule2022-11660
Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 31, 2022
Effective
June 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 reports that the inflation valve safety pin has been found installed on the nitrogen bottle of a certain escape slide in-service and may be installed on the nitrogen bottles of certain other escape slides on other airplanes in-service. This AD requires inspecting the inflation valve of the nitrogen bottle of the escape slide for the presence of the safety pin, and if the safety pin is installed, removing the safety pin from the inflation valve and stowing it in the safety pin stowage pouch of the escape slide, as specified in a Transport Canada Civil Aviation (TCCA) Emergency AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Rules and Regulations]
[Pages 32289-32292]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11660]
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Rules and Regulations
Federal Register
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having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 87, No. 104 / Tuesday, May 31, 2022 / Rules
and Regulations
[[Page 32289]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0594; Project Identifier MCAI-2022-00561-T;
Amendment 39-22071; AD 2022-11-21]
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; request for comments.
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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 reports that the inflation
valve safety pin has been found installed on the nitrogen bottle of a
certain escape slide in-service and may be installed on the nitrogen
bottles of certain other escape slides on other airplanes in-service.
This AD requires inspecting the inflation valve of the nitrogen bottle
of the escape slide for the presence of the safety pin, and if the
safety pin is installed, removing the safety pin from the inflation
valve and stowing it in the safety pin stowage pouch of the escape
slide, as specified in a Transport Canada Civil Aviation (TCCA)
Emergency AD, which is incorporated by reference. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD becomes effective June 15, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 15,
2022.
The FAA must receive comments on this AD by July 15, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
TCCA, Transport Canada National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email
<a href="/cdn-cgi/l/email-protection#88c9cca5cbc6c8fceba6efeba6ebe9"><span class="__cf_email__" data-cfemail="c48580e9878a84b0a7eaa3a7eaa7a5">[email protected]</span></a>; internet <a href="https://tc.canada.ca/en/aviation">https://tc.canada.ca/en/aviation</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0594.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0594; 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 AD, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Chirayu A. Gupta, Aerospace Engineer,
Mechanical Systems and Administrative Services Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#1f26327e696c3271667e7c70327c706c5f797e7e31787069"><span class="__cf_email__" data-cfemail="122b3f7364613f7c6b73717d3f717d61527473733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0594; Project Identifier MCAI-
2022-00561-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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
this final rule 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Chirayu
A. Gupta, Aerospace Engineer, Mechanical Systems and Administrative
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#51687c3027227c3f2830323e7c323e22113730307f363e27"><span class="__cf_email__" data-cfemail="e3dace829590ce8d9a82808cce808c90a3858282cd848c95">[email protected]</span></a>. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The TCCA, which is the aviation authority for Canada, has issued
TCCA Emergency AD CF-2022-23, dated April 22, 2022 (TCCA Emergency AD
CF-2022-23) (also referred to as the MCAI),
[[Page 32290]]
to correct an unsafe condition for certain 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.
This AD was prompted by reports that the inflation valve safety pin
has been found installed on the nitrogen bottle of two forward
passenger door escape slides in-service and may be installed on the
nitrogen bottles of the forward and aft passenger and service door
escape slides on other airplanes in-service. The inflation valve safety
pin may be installed on up to four of the six nitrogen bottles of the
escape slides used for the emergency exits. The FAA is issuing this AD
to address installed inflation valve safety pins, which, if not
removed, could prevent the deployment of the affected escape slides
during an emergency evacuation, thereby significantly impeding
emergency egress. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
TCCA Emergency AD CF-2022-23 specifies procedures for a detailed
inspection of the inflation valve of the nitrogen bottle of the escape
slide for the presence of the safety pin, and applicable on-condition
actions. The on-condition actions include removing the safety pin from
the inflation valve and stowing it in the safety pin stowage pouch of
the escape slide. 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.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this AD after determining
that the unsafe condition described previously is likely to exist or
develop on other products of these same type designs.
Requirements of This AD
This AD requires accomplishing the actions specified in TCCA
Emergency AD CF-2022-23 described previously, except for any
differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
TCCA Emergency AD CF-2022-23 is incorporated by reference in this AD.
This AD requires compliance with TCCA Emergency AD CF-2022-23 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Service
information required by TCCA Emergency AD CF-2022-23 for compliance
will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0594 after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because an inflation valve safety pin installed on the nitrogen bottle
of escape slides could prevent the deployment of the affected escape
slides during an emergency evacuation, and this unsafe condition may
simultaneously affect up to four out of the six emergency exits. The
non-deployment of a majority of the emergency escape slides could
significantly affect emergency egress during an emergency evacuation.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 54 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255........................... $0 $255 $13,770
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
[[Page 32291]]
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $0 $85
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According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2022-11-21 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22071; Docket No. FAA-2022-0594;
Project Identifier MCAI-2022-00561-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 15, 2022.
(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 Civil Aviation (TCCA) Emergency AD CF-2022-23, dated April
22, 2022 (TCCA Emergency AD CF-2022-23).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by reports that the inflation valve safety
pin has been found installed on the nitrogen bottle of two forward
passenger door escape slides in-service and may be installed on the
nitrogen bottles of the forward and aft passenger and service door
escape slides on other airplanes. The FAA is issuing this AD to
address installed inflation valve safety pins, which, if not
removed, could prevent the deployment of the affected escape slides
during an emergency evacuation, thereby significantly impeding
emergency egress.
(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, TCCA Emergency AD CF-2022-23.
(h) Exception to TCCA Emergency AD CF-2022-23
(1) Where TCCA Emergency AD CF-2022-23 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where TCCA Emergency AD CF-2022-23 refers to hours air time,
this AD requires using flight hours.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO 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 ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300. 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, New York ACO
Branch, FAA; or TCCA; or Airbus Canada Limited Partnership's TCCA
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 (i)(2) of this AD, if any service information 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.
(j) Related Information
For more information about this AD, contact Chirayu A. Gupta,
Aerospace Engineer, Mechanical Systems and Administrative Services
Section, FAA, New
[[Page 32292]]
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#e1d8cc809792cc8f9880828ecc828e92a1878080cf868e97"><span class="__cf_email__" data-cfemail="320b1f5344411f5c4b53515d1f515d41725453531c555d44">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 Civil Aviation (TCCA) Emergency AD CF-2022-
23, dated April 22, 2022.
(ii) [Reserved]
(3) For TCCA Emergency AD CF-2022-23, contact TCCA, Transport
Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean,
Ontario K1A 0N5, Canada; telephone 888-663-3639; email <a href="/cdn-cgi/l/email-protection#2061640d636e6054430e47430e4341"><span class="__cf_email__" data-cfemail="1a5b5e3759545a6e79347d7934797b">[email protected]</span></a>; internet <a href="https://tc.canada.ca/en/aviation">https://tc.canada.ca/en/aviation</a>.
(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 that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#482e3a6621263b382d2b3c2127260826293a29662f273e"><span class="__cf_email__" data-cfemail="2a4c58044344595a4f495e4345446a444b584b044d455c">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on May 24, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-11660 Filed 5-26-22; 11:15 am]
BILLING CODE 4910-13-P
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