Proposed Rule2022-16099
Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes
Primary source
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Published
July 29, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD- 500-1A11 airplanes. This proposed AD was prompted by reports of flight control (horizontal stabilizer, rudder, and elevator) decals degrading and peeling (damage), reports of operators painting over these decals, and reports that procedures to replace these decals were inaccurate, potentially causing incorrect positioning of replacement decals. This proposed AD would require inspecting the left and right horizontal stabilizer decals for visibility and damage; and for certain airplanes, inspecting the rudder and left and right elevator decals for visibility and damage; and doing applicable corrective actions, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)</title>
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[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Proposed Rules]
[Pages 45709-45712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16099]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0981; Project Identifier MCAI-2022-00032-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 adopt a new airworthiness directive (AD)
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by reports of flight
control (horizontal stabilizer, rudder, and elevator) decals degrading
and peeling (damage), reports of operators painting over these decals,
and reports that procedures to replace these decals were inaccurate,
potentially causing incorrect positioning of replacement decals. This
proposed AD would require inspecting the left and right horizontal
stabilizer decals for visibility and damage; and for certain airplanes,
inspecting the rudder and left and right elevator decals for visibility
and damage; and doing applicable corrective actions, as specified in a
Transport Canada Civil Aviation (TCCA) AD, which is proposed for
incorporation by reference. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
12, 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="http://www.regulations.gov">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 that will be 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#38797c157b76784c5b165f5b165b59"><span class="__cf_email__" data-cfemail="95d4d1b8d6dbd5e1f6bbf2f6bbf6f4">[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="http://www.regulations.gov">www.regulations.gov</a>
by searching for and locating Docket No. FAA-2022-0981.
Examining the AD Docket
You may examine the AD docket at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0981; 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.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer,
Mechanical Systems and Administrative
[[Page 45710]]
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#84e3e5e6f6ede1e8aae0aaefede9c4e2e5e5aae3ebf2"><span class="__cf_email__" data-cfemail="8deaecefffe4e8e1a3e9a3e6e4e0cdebececa3eae2fb">[email protected]</span></a>.
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-2022-0981; Project Identifier
MCAI-2022-00032-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
this 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
<a href="http://www.regulations.gov">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 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 Kim, 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#64030506160d01084a004a0f0d09240205054a030b12"><span class="__cf_email__" data-cfemail="5d3a3c3f2f3438317339733634301d3b3c3c733a322b">[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
TCCA, which is the aviation authority for Canada, has issued TCCA
AD CF-2022-01, dated January 7, 2022 (TCCA AD CF-2022-01) (also
referred to as the MCAI), to correct an unsafe condition for certain
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11
airplanes.
This proposed AD was prompted by reports of flight control decals
degrading and peeling, reports of operators painting over these decals,
and reports that procedures to replace these decals were inaccurate,
potentially causing incorrect positioning of replacement decals. An
investigation determined that the degradation and peeling of the flight
control decals was caused by an incorrect clear protective coating
being applied during production, and that flight control decals were
being painted over because of unclear in-service procedures.
Additionally, the in-service procedures used for replacing these decals
were not accurate, potentially causing incorrect positioning of the
replacement decals. The in-service procedures were revised to clearly
state that the flight control decals are to be masked prior to
painting, and to ensure the flight control decals are properly placed
going forward.
The FAA is proposing this AD to address flight control decals that
are damaged or incorrectly positioned, which could introduce rigging
offset of flight control surfaces, and when combined with other
failures or severe maneuvers, could result in loss of flight control
surface effectiveness or structural loading that exceeds the airframe's
capability. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
TCCA CF-2022-01 specifies procedures for inspecting the left and
right horizontal stabilizer decals for visibility and damage, and
corrective actions. For certain airplanes, TCCA CF-2022-01 specifies
procedures for inspecting the rudder and left and right elevator decals
for visibility and damage. The corrective actions include replacing,
restoring, and preserving the condition and placement of the flight
control decals, and re-rigging the rudder and elevator 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.
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 the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in TCCA AD CF-2022-01 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed 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, the
FAA proposes to incorporate TCCA AD CF-2022-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
TCCA AD CF-2022-01 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by TCCA AD CF-2022-01
for compliance will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0981 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 56 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 45711]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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10 work-hours x $85 per hour = $850.......................... $0 $850 $47,600
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Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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4 work-hours x $85 per hour = $340.... $220 $560
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition re-rigging actions specified in this
proposed AD.
According to the manufacturer, some or all of the costs of this
proposed 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
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 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-2022-0981; Project Identifier MCAI-2022-00032-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 12, 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) AD CF-2022-01, dated January 7, 2022
(TCCA AD CF-2022-01).
(d) Subject
Air Transport Association (ATA) of America Code 11, Placards and
markings.
(e) Unsafe Condition
This AD was prompted by reports of flight control (horizontal
stabilizer, rudder, and elevator) decals degrading and peeling
(damage), reports of operators painting over these decals, and
reports that procedures to replace these decals were inaccurate,
potentially causing incorrect positioning of replacement decals. The
FAA is issuing this AD to address flight control decals that are
damaged or incorrectly positioned, which could introduce rigging
offset of flight control surfaces, and when combined with other
failures or severe maneuvers, could result in loss of flight control
surface effectiveness or structural loading that exceeds the
airframe's capability.
(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 AD CF-2022-01.
(h) Exceptions to TCCA AD CF-2022-01
(1) Where TCCA AD CF-2022-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where TCCA AD CF-2022-01 refers to ``hours air time,'' this
AD requires using ``flight hours.''
(i) Additional FAA 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
[[Page 45712]]
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
(1) For TCCA AD CF-2022-01, 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#da9b9ef799949aaeb9f4bdb9f4b9bb"><span class="__cf_email__" data-cfemail="35747118767b7541561b52561b5654">[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. This material may be found in the AD docket at
<a href="http://www.regulations.gov">www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0981.
(2) For more information about this AD, contact Gabriel Kim,
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#791e181b0b101c15571d57121014391f1818571e160f"><span class="__cf_email__" data-cfemail="402721223229252c6e246e2b292d002621216e272f36">[email protected]</span></a>.
Issued on July 22, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16099 Filed 7-28-22; 8:45 am]
BILLING CODE 4910-13-P
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