Proposed Rule2023-23720
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
October 27, 2023
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 a report of multiple occurrences of low clearance or fouling between certain wiring harnesses and a hydraulic bracket and structure in the wing trailing edge area that were detected on the production line. This proposed AD would require inspecting certain wiring harnesses for any damage and clearance to adjacent structure and corrective actions, as specified in a Transport Canada AD, which is proposed for incorporation by reference (IBR). This proposed AD would also require an inspection report. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 207 (Friday, October 27, 2023)</title>
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[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Proposed Rules]
[Pages 73772-73775]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23720]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2135; Project Identifier MCAI-2023-00509-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
[[Page 73773]]
BD-500-1A11 airplanes. This proposed AD was prompted by a report of
multiple occurrences of low clearance or fouling between certain wiring
harnesses and a hydraulic bracket and structure in the wing trailing
edge area that were detected on the production line. This proposed AD
would require inspecting certain wiring harnesses for any damage and
clearance to adjacent structure and corrective actions, as specified in
a Transport Canada AD, which is proposed for incorporation by reference
(IBR). This proposed AD would also require an inspection report. 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 December
11, 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-2023-2135; 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.
Material Incorporated by Reference:
<bullet> For material that is proposed for IBR 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#da8e99f49bb3a8adb5a8aeb2b3b4bfa9a99eb3a8bfb9aeb3acbfa9f799b5b4a9b3bdb4bfa9bebfb4bbacb3bdbbb8b3b6b3aebff48e999aaeb9f4bdb9f4b9bb"><span class="__cf_email__" data-cfemail="2e7a6d006f475c59415c5a4647404b5d5d6a475c4b4d5a47584b5d036d41405d4749404b5d4a4b404f5847494f4c4742475a4b007a6d6e5a4d00494d004d4f">[email protected]</span></a>. You may find this material on the
Transport Canada website at tc.canada.ca/en/aviation. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2135.
<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.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-
228-7300; email: <a href="/cdn-cgi/l/email-protection#89b0a4e8fffaa4e7f0e8eae6a4eae6fac9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="7a43571b0c095714031b1915571915093a1c1b1b541d150c">[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-2023-2135; Project Identifier
MCAI-2023-00509-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://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 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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#af9682ced9dc82c1d6ceccc082ccc0dcefc9cece81c8c0d9"><span class="__cf_email__" data-cfemail="82bbafe3f4f1afecfbe3e1edafe1edf1c2e4e3e3ace5edf4">[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
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2023-20, dated March 22, 2023 (Transport
Canada AD CF-2023-20) (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. The MCAI states that multiple
occurrences of low clearance or fouling between certain wiring
harnesses and a hydraulic bracket and structure in the wing trailing
edge area were detected on the production line. These conditions were
caused by an inappropriate distribution of slack in the wiring
harnesses. Low clearance or fouling between the wiring harnesses and
adjacent structure could result in wear of the harnesses leading to
electrical arcing. Arcing in the presence of a leak from the hydraulic
lines in the area could lead to a fire.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2135.
Related Service Information Under 1 CFR Part 51
Transport Canada AD CF-2023-20 specifies procedures for inspecting
certain wiring harnesses for damage and clearance to adjacent structure
and corrective actions. Corrective actions include adjustment of wiring
harnesses, replacing damaged braid sleeves, and contacting the
manufacturer for repair instructions for worn or damaged harnesses.
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 ADDRESSES.
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 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 Transport Canada AD CF-2023-20 described previously, except for any
[[Page 73774]]
differences identified as exceptions in the regulatory text of this
proposed AD. This proposed AD would also require an inspection report.
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 Transport Canada AD CF-2023-20 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-20 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 Transport Canada AD CF-2023-20 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2135 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 157 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 7 work-hours x $85 per hour = Up $0 Up to $595................ Up to $93,415.
to $595.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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-2023-2135; Project Identifier MCAI-2023-00509-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 11, 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-2023-20, dated March 22, 2023 (Transport Canada AD CF-
2023-20).
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
Power.
(e) Unsafe Condition
This AD was prompted by a report of multiple occurrences of low
clearance or fouling between certain wiring harnesses and a
hydraulic bracket and structure in the wing trailing edge area that
were detected on the production line. The FAA is issuing this AD to
address inappropriate distribution of slack in the wiring harness.
The unsafe condition, if not addressed, could result in wear of the
[[Page 73775]]
harnesses leading to electrical arcing. Arcing in the presence of a
leak from the hydraulic lines in the area could lead to a fire.
(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-2023-20.
(h) Exceptions to Transport Canada AD CF-2023-20
(1) Where Transport Canada AD CF-2023-20 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2023-20 refers to hours air
time, this AD requires using flight hours.
(3) Where paragraph (A) of Transport Canada AD CF-2023-20 states
to ``adjust as required,'' this AD requires that all applicable
adjustments must be done before further flight.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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 International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9aa3b7dbccc9b7dbd3c8b7ada9aab7dbd7d5d9dafcfbfbb4fdf5ec"><span class="__cf_email__" data-cfemail="271e0a6671740a666e750a1014170a666a68646741464609404851">[email protected]</span></a>. 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, International
Validation 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 that are identified as RC, those procedures must be done
to comply with this AD; any procedures that are not identified as RC
are recommended. Those procedures 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 identified as RC can be
done and the airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures identified as RC require
approval of an AMOC.
(j) Additional Information
For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#bf8692dec9cc92d1c6dedcd092dcd0ccffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="be8793dfc8cd93d0c7dfddd193ddd1cdfed8dfdf90d9d1c8">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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-2023-20, dated March 22, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-20, 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#adf9ee83ecc4dfdac2dfd9c5c4c3c8dedee9c4dfc8ced9c4dbc8de80eec2c3dec4cac3c8dec9c8c3ccdbc4cacccfc4c1c4d9c883f9eeedd9ce83cace83cecc"><span class="__cf_email__" data-cfemail="acf8ef82edc5dedbc3ded8c4c5c2c9dfdfe8c5dec9cfd8c5dac9df81efc3c2dfc5cbc2c9dfc8c9c2cddac5cbcdcec5c0c5d8c982f8efecd8cf82cbcf82cfcd">[email protected]</span></a>. You may find this Transport
Canada AD on the Transport Canada website at tc.canada.ca/en/
aviation.
(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#6204104c0b0c11120701160b0d0c220c0310034c050d14"><span class="__cf_email__" data-cfemail="f99f8bd790978a899c9a8d909697b997988b98d79e968f">[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 October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-23720 Filed 10-26-23; 8:45 am]
BILLING CODE 4910-13-P
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