Rule2023-14771
Airworthiness Directives; Airbus Canada Limited Partnership 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
July 12, 2023
Effective
July 27, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 a determination that radio altimeters cannot be relied upon to perform their intended function if they experience interference from wireless broadband operations in the 3.7-3.98 GHz frequency band (5G C-Band), and a recent determination that this interference may affect other airplane systems using radio altimeter data, including the ground spoiler deployment system. This AD requires revising the limitations section of the existing AFM to incorporate limitations prohibiting the use of a certain master minimum equipment list (MMEL) item. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 132 (Wednesday, July 12, 2023)</title>
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[Federal Register Volume 88, Number 132 (Wednesday, July 12, 2023)]
[Rules and Regulations]
[Pages 44200-44205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14771]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1408; Project Identifier MCAI-2023-00791-T;
Amendment 39-22502; AD 2023-14-02]
RIN 2120-AA64
Airworthiness Directives; Airbus Canada Limited Partnership
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 all
Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11
airplanes. This AD was prompted by a determination that radio
altimeters cannot be relied upon to perform their intended function if
they experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a recent determination
that this interference may affect other airplane systems using radio
altimeter data, including the ground spoiler deployment system. This AD
requires revising the limitations section of the existing AFM to
incorporate limitations prohibiting the use of a certain master minimum
equipment list (MMEL) item. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective July 27, 2023.
The FAA must receive comments on this AD by August 28, 2023.
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://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1408; 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
street address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Brett Portwood, Continued Operational
Safety Technical Advisor, COS Program Management Section, Operational
Safety Branch, FAA, 3960 Paramount Boulevard, Lakewood, CA 90712-4137;
phone: 817-222-5390; email: <a href="/cdn-cgi/l/email-protection#5a352a3f283b2e3335343b36293b3c3f2e231a3c3b3b743d352c"><span class="__cf_email__" data-cfemail="1f706f7a6d7e6b7670717e736c7e797a6b665f797e7e31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this final rule. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2023-1408; Project
Identifier MCAI-2023-00791-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="http://regulations.gov">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 Brett
Portwood, Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#254a55405744514c4a4b444956444340515c654344440b424a53"><span class="__cf_email__" data-cfemail="204f5045524154494f4e414c534146455459604641410e474f56">[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 FAA issued AD 2021-23-12, Amendment 39-21810 (86 FR 69984,
December 9, 2021) (AD 2021-23-12), to address the effect of
interference from wireless broadband operations in the 5G C-Band on all
transport and commuter category airplanes equipped with a radio (also
known as radar) altimeter. AD 2021-23-12 was prompted by a
determination that radio altimeters cannot be relied upon to perform
their intended function if they experience interference from wireless
broadband operations in the 5G C-Band. The FAA subsequently superseded
AD 2021-23-12 and issued AD 2023-10-02 (88 FR 34065, May 26, 2023) (AD
2023-10-02). AD 2023-10-02 requires revising the limitations section of
the existing AFM to incorporate limitations prohibiting transport and
commuter category airplanes from performing certain low-visibility
landing operations at any airport unless they have upgraded their radio
altimeters (i.e., are ``radio altimeter tolerant''). Transport Canada,
which is the aviation authority for Canada, issued corresponding AD CF-
[[Page 44201]]
2023-46, dated June 26, 2023, to prohibit certain flight operations
requiring radio altimeter data in U.S. airspace affected by 5G C-Band
wireless signals.
Transport Canada evaluated additional 5G-related hazards presented
by 5G C-Band interference on certain Airbus Canada Limited Partnership
(formerly C Series Aircraft Limited Partnership and Bombardier) model
airplanes and issued Transport Canada AD CF-2023-47, dated June 26,
2023 (AD CF-2023-47) (also referred to after this as ``the MCAI''). AD
CF-2023-60 was prompted by a determination that 5G C-Band interference
can result in unavailable or misleading radio altimeter information,
which in combination with dispatch under certain minimum equipment list
(MEL) items and a weight-on-wheels (WOW) signal failure, could result
in a reversion to ground mode in air or the deployment of ground
spoilers in the air.
Transport Canada AD CF-2023-47 applies to all Airbus Canada Limited
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes and prohibits
dispatch under certain MEL items, for non-radio altimeter tolerant
airplanes, at all airports in the contiguous United States. For radio
altimeter tolerant airplanes, AD CF-2023-47 does not prohibit dispatch
under the MEL items at 5G C-Band mitigated airports (CMAs) as
identified in an FAA Domestic Notice.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1408.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced 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 the same type design.
AD Requirements
This AD requires, before further flight, revising the AFM to
incorporate limitations prohibiting dispatch under MMEL item WOW
Proximity Sensor at all airports for non-radio altimeter tolerant
airplanes. For radio altimeter tolerant airplanes, the prohibited
operations are allowed at 5G CMAs as identified in an FAA Domestic
Notice.
Differences Between the MCAI and This AD
The MCAI prohibits dispatch under four items in the Airbus Canada
Limited Partnership MEL approved by Transport Canada, which include the
brake data concentrator unit (BDCU) and three WOW items. The Airbus
Canada Limited Partnership MMEL approved by the FAA does not include
provisions for the BDCU and only has one provision for the WOW system.
Therefore, instead of the MEL items listed in the MCAI, this AD
prohibits dispatch under the WOW proximity sensor as specified in the
FAA-approved Airbus Canada Limited Partnership MMEL.
Interim Action
The FAA considers that this AD is an interim action. Once the
Technical Standard Order (TSO) standard for radio altimeters is
established, which will follow the existing international technical
consensus on the establishment of the minimum operational performance
standards (MOPS), the FAA anticipates that the MOPS will be
incorporated into the TSO. Once a new radio altimeter TSO is developed,
approved, and available, the FAA might consider additional rulemaking.
Justification for Immediate Adoption 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 radio altimeters cannot be relied upon to perform their
intended function if they experience interference from wireless
broadband operations in the 5G C-Band. Further, this interference may
affect other airplane systems using radio altimeter data, including the
ground spoiler deployment system, which, in combination with a WOW
signal failure, could lead to loss of continued safe flight and
landing. To address this unsafe condition, the actions required by this
AD must be accomplished before further flight. The FAA based this
compliance time on the changes to the 5G C-Band environment beginning
on July 1, 2023. 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), and this AD.
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment immediately effective, for the
same reasons the FAA found good cause to forgo notice and comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (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 prior notice and
comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 90 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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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM revision.......................... 1 work-hour x $85 \1\ $0 $85 \2\ $7,650
per hour = $85.
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[[Page 44202]]
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.
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\1\ The labor rate of $85 per hour is the average wage rate for
an aviation mechanic.
\2\ The estimated cost for this revision does not constitute a
significant economic impact (even for small entities) because $85 is
a minimal cost compared to the regular costs of maintaining and
operating a Model BD-500-1A10 or BD-500-1A11 transport category
airplane.
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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:
2023-14-02 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership;
Bombardier, Inc.): Amendment 39-22502; Docket No. FAA-2023-1408;
Project Identifier MCAI-2023-00791-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 27, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Canada Limited Partnership (Type
Certificate previously held by C Series Aircraft Limited
Partnership; Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by a determination that radio altimeters
cannot be relied upon to perform their intended function if they
experience interference from wireless broadband operations in the
3.7-3.98 GHz frequency band (5G C-Band), and a recent determination
that this interference may affect other airplane systems using radio
altimeter data, including the ground spoiler deployment system. The
FAA is issuing this AD to address inadvertent ground spoiler
deployment in flight that could lead to increased flightcrew
workload and loss of continued safe flight and landing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Definitions
(1) For purposes of this AD, a ``5G C-Band mitigated airport''
(5G CMA) is an airport at which the telecommunications companies
have agreed to voluntarily limit their 5G deployment at the request
of the FAA, as identified by an FAA Domestic Notice.
(2) For purposes of this AD, a ``radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed,
demonstrates the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD, using a method approved by the FAA.
(i) Tolerance to radio altimeter interference, for the
fundamental emissions (3.7-3.98 GHz), at or above the power spectral
density (PSD) curve threshold specified in figure 1 to paragraph
(g)(2)(i) of this AD.
BILLING CODE 4910-13-P
[[Page 44203]]
Figure 1 to Paragraph (g)(2)(i)--Fundamental Effective Isotropic PSD at
Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR12JY23.035
(ii) Tolerance to radio altimeter interference, for the spurious
emissions (4.2-4.4 GHz), at or above the PSD curve threshold
specified in figure 2 to paragraph (g)(2)(ii) of this AD.
[[Page 44204]]
Figure 2 to Paragraph (g)(2)(ii)--Spurious Effective Isotropic PSD at
Outside Interface of Aircraft Antenna
[GRAPHIC] [TIFF OMITTED] TR12JY23.036
(3) For purposes of this AD, a ``non-radio altimeter tolerant
airplane'' is one for which the radio altimeter, as installed, does
not demonstrate the tolerances specified in paragraphs (g)(2)(i) and
(ii) of this AD.
(h) Revision of Existing Airplane Flight Manual (AFM): Master Minimum
Equipment List (MMEL) Restriction for Non-Radio Altimeter Tolerant
Airplanes
Before further flight, revise the Limitations section of the
existing AFM to include the information specified in figure 3 to
paragraph (h) of this AD. This may be done by inserting a copy of
figure 3 to paragraph (h) of this AD into the existing AFM.
[[Page 44205]]
Figure 3 to Paragraph (h)--MMEL Restriction for Non-Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TR12JY23.037
(i) Revision of Existing AFM: MMEL Restriction for Radio Altimeter
Tolerant Airplanes
Before further flight, revise the Limitations section of the
existing AFM to include the information specified in figure 4 to
paragraph (i) of this AD. This may be done by inserting a copy of
figure 4 to paragraph (i) of this AD into the existing AFM.
Figure 4 to Paragraph (i)--MMEL Restriction for Radio Altimeter
Tolerant Airplanes
[GRAPHIC] [TIFF OMITTED] TR12JY23.038
(j) Additional AD Provisions
(1) The Manager, 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 Operational Safety Branch, send it to the
attention of the person identified in paragraph (k)(2) of this AD.
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#3f7e72707c7f595e5e11585049"><span class="__cf_email__" data-cfemail="793834363a391f1818571e160f">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(k) Additional Information
(1) Refer to Transport Canada AD CF-2023-47, dated June 26,
2023, for related information. This Transport Canada AD may be found
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1408.
(2) For more information about this AD, contact Brett Portwood,
Continued Operational Safety Technical Advisor, COS Program
Management Section, Operational Safety Branch, FAA, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone: 817-222-5390; email:
<a href="/cdn-cgi/l/email-protection#8fe0ffeafdeefbe6e0e1eee3fceee9eafbf6cfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="ec839c899e8d988583828d809f8d8a899895ac8a8d8dc28b839a">[email protected]</span></a>.
(l) Material Incorporated by Reference
None.
Issued on July 3, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-14771 Filed 7-7-23; 4:15 pm]
BILLING CODE 4910-13-C
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