Rule2022-28270
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
December 29, 2022
Effective
February 2, 2023
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 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 AD requires 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 AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80034-80037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28270]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0981; Project Identifier MCAI-2022-00032-T;
Amendment 39-22285; AD 2022-26-06]
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.
-----------------------------------------------------------------------
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 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
AD requires 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 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 February 2, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 2,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
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 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:
<bullet> For material incorporated by reference in this AD, contact
Transport Canada, 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#3b7a7f1678757b4f58155c5815585a"><span class="__cf_email__" data-cfemail="da9b9ef799949aaeb9f4bdb9f4b9bb">[email protected]</span></a>; website tc.canada.ca/en/aviation.
<bullet> 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://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0981.
FOR FURTHER INFORMATION 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#9ef9fffcecf7fbf2b0fab0f5f7f3def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="086f696a7a616d64266c26636165486e6969266f677e">[email protected]</span></a>.
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-500-1A10 and BD-500-1A11 airplanes. The
NPRM published in the Federal Register on July 29, 2022 (87 FR 45709).
The NPRM was prompted by AD CF-2022-01, dated January 7, 2022, issued
by Transport Canada, which is the aviation authority for Canada
(referred to after this as the MCAI). The MCAI states that flight
control decals have been degrading and peeling, operators have been
painting over these decals, and 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 were 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. 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. Flight control decals that
are damaged or incorrectly positioned could introduce rigging offset of
flight control surfaces, which, 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.
[[Page 80035]]
In the NPRM, the FAA proposed to require inspecting the left and
right horizontal stabilizer decals for visibility and damage;
inspecting the rudder and left and right elevator decals for visibility
and damage for certain airplanes; and doing applicable corrective
actions.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0981.
Discussion of Final Airworthiness Directive
Comments
The FAA received two comments from one commenter, Delta Air Lines
(Delta). The following presents the comments received on the NPRM and
the FAA's response to each comment.
Request for Definition Clarification
Delta requested the final rule include a statement that clearly
defines ``refer to'' and ``in accordance with'' to give operators a
concise understanding of what steps must be complied with and what
steps are recommended, done as part of other actions, or done with
accepted methods different from those given in the listed instructions.
The FAA agrees to clarify the actions that are required for
compliance in the service information referenced in the MCAI. In Parts
A, B, C, and D of the service information referenced in the MCAI, some
steps are required for compliance--or ``RC''--and must be done
following the instructions in the service information; other steps may
be done using other approved methods chosen by the operator. The
service information states that the Procedure section of the
Accomplishment Instructions is RC and must be done to comply with the
MCAI (and this AD), but the job set-up and job close-up sections, with
the exception of the return-to-service tests, are recommended only.
Therefore, the actions in the Procedure section are RC, but the job
set-up and close-up sections are not. The FAA has not changed this AD
as a result of this comment.
Request for Change in Sequence of Required Actions
Delta requested that the proposed AD be revised to include a
statement that allows operators to perform the maintenance review tasks
prior to accomplishing the inspection and replacement of the decals.
The service information specified in the MCAI has the operator perform
an inspection of the decals and then a maintenance record review to
determine which actions to perform.
The FAA agrees with the request, provided all required corrective
actions based on the results of the records review are accomplished as
specified in the service information referenced in the MCAI. Operators
may not need to repeat the inspections if the tasks in the maintenance
record review accomplished the same task. The FAA has added paragraph
(h)(3) of this AD to define this exception to the service information
specified in the MCAI.
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 CF-2022-01 specifies procedures for inspecting the
left and right horizontal stabilizer decals for visibility and damage,
and corrective actions. For certain airplanes, Transport Canada 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.
Costs of Compliance
The FAA estimates that this AD affects 56 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
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850............................. $0 $850 $47,600
----------------------------------------------------------------------------------------------------------------
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
airplanes that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...... $220 $560
------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition re-rigging actions specified in this AD.
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.
[[Page 80036]]
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:
2022-26-06 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22285; Docket No. FAA-2022-0981;
Project Identifier MCAI-2022-00032-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 2, 2023.
(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 AD CF-2022-01, dated January 7, 2022 (Transport Canada 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, Transport Canada AD CF-2022-01.
(h) Exceptions to Transport Canada AD CF-2022-01
(1) Where Transport Canada AD CF-2022-01 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2022-01 refers to ``hours air
time,'' this AD requires using ``flight hours.''
(3) Where the service information referenced in Transport Canada
AD CF-2022-01 specifies to inspect the decals and then perform a
maintenance record review to determine the course of action, this AD
allows the maintenance records review to be done first, and
conditional actions, if any, are subsequently required, depending on
the results of that records review.
(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 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 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 (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) Additional Information
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#caadaba8b8a3afa6e4aee4a1a3a78aacababe4ada5bc"><span class="__cf_email__" data-cfemail="c9aea8abbba0aca5e7ade7a2a0a489afa8a8e7aea6bf">[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 AD CF-2022-01, dated January 7, 2022.
(ii) [Reserved]
(3) For Transport Canada AD CF-2022-01, contact Transport
Canada, 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#d9989df49a9799adbaf7bebaf7bab8"><span class="__cf_email__" data-cfemail="79383d543a37390d1a571e1a571a18">[email protected]</span></a>; website tc.canada.ca/en/aviation.
[[Page 80037]]
(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#84e2f6aaedeaf7f4e1e7f0edebeac4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="791f0b5710170a091c1a0d1016173917180b18571e160f">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on December 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-28270 Filed 12-28-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 29, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.