Rule2023-27677
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 18, 2023
Effective
January 2, 2024
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 a reported interference between the pilot valve fittings and their mating holes in the rear spar of the center wing box (CWB). This AD requires replacing the pilot valve fittings, 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
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<title>Federal Register, Volume 88 Issue 241 (Monday, December 18, 2023)</title>
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[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87329-87331]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27677]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 /
Rules and Regulations
[[Page 87329]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2229; Project Identifier MCAI-2023-00736-T;
Amendment 39-22617; AD 2023-24-01]
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 a reported interference between
the pilot valve fittings and their mating holes in the rear spar of the
center wing box (CWB). This AD requires replacing the pilot valve
fittings, 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 January 2, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 2,
2024.
The FAA must receive comments on this AD by February 1, 2024.
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-2023-2229; 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.
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#5d091e731c342f2a322f29353433382e2e19342f383e29342b382e701e32332e343a33382e3938333c2b343a3c3f343134293873091e1d293e733a3e733e3c"><span class="__cf_email__" data-cfemail="e0b4a3cea18992978f929488898e859393a4899285839489968593cda38f8e9389878e859384858e819689878182898c899485ceb4a3a09483ce8783ce8381">[email protected]</span></a>. You may find this material on the
Transport Canada website at tc.canada.ca/en/aviation.
<bullet> You may view this service information 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 at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2229.
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#625b4f0314114f0c1b03010d4f010d11220403034c050d14"><span class="__cf_email__" data-cfemail="c5fce8a4b3b6e8abbca4a6aae8a6aab685a3a4a4eba2aab3">[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-2023-2229; Project Identifier MCAI-
2023-00736-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 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#546d79352227793a2d35373b79373b27143235357a333b22"><span class="__cf_email__" data-cfemail="a1988cc0d7d28ccfd8c0c2ce8cc2ced2e1c7c0c08fc6ced7">[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-2023-39, dated June 6, 2023 (Transport
Canada AD CF-2023-39) (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 an
interference condition was found during airplane manufacturing between
the pilot valve fittings and their mating holes in the rear spar of the
CWB. The interference condition could damage the fitting and result in
the fitting's failure under induced fatigue. Fitting failure could lead
to a failure of its shroud attachment and subsequent fuel leak into the
area
[[Page 87330]]
behind the rear spar and into the landing gear bay. Such significant
fuel leak, combined with a potential ignition source such as a failure
of a bleed duct or a failure of wires/connectors in these areas, could
create a fire hazard on the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2229.
Related Service Information Under 1 CFR Part 51
Transport Canada AD CF-2023-39 specifies procedures for replacing
the pilot valve fittings with redesigned fittings. 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 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.
Requirements of This AD
This AD requires accomplishing the actions specified in Transport
Canada AD CF-2023-39 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,
Transport Canada AD CF-2023-39 is incorporated by reference in this AD.
This AD requires compliance with Transport Canada AD CF-2023-39 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Service
information required by Transport Canada AD CF-2023-39 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2229
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.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reason(s), 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.
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
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
30 work-hours x $85 per hour = $2,550. $7,549 $10,099
------------------------------------------------------------------------
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,
[[Page 87331]]
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:
2023-24-01 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22617; Docket No. FAA-2023-2229;
Project Identifier MCAI-2023-00736-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 2, 2024.
(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-2023-39, dated June 6, 2023 (Transport Canada AD CF-
2023-39).
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a reported interference between the
pilot valve fittings and their mating holes in the rear spar of the
center wing box. The FAA is issuing this AD to address fitting
failure, which could lead to a failure of its shroud attachment and
subsequent fuel leak into the area behind the rear spar and into the
landing gear bay. Such significant fuel leak, combined with a
potential ignition source such as a failure of a bleed duct or a
failure of wires/connectors in these areas, could create a fire
hazard on the airplane.
(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-2023-39.
(h) Exception to Transport Canada AD CF-2023-39
Where Transport Canada AD CF-2023-39 refers to its effective
date, this AD requires using the effective date of this AD.
(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)(1) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#efd6c2aeb9bcc2aea6bdc2d8dcdfc2aea2a0acaf898e8ec1888099"><span class="__cf_email__" data-cfemail="6d54402c3b3e402c243f405a5e5d402c20222e2d0b0c0c430a021b">[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.
(j) Additional Information
(1) 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#be8793dfc8cd93d0c7dfddd193ddd1cdfed8dfdf90d9d1c8"><span class="__cf_email__" data-cfemail="50697d3126237d3e2931333f7d333f23103631317e373f26">[email protected]</span></a>.
(2) For Airbus Canada Limited Partnership service information
identified in this AD that is not incorporated by reference, contact
Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard,
Mirabel, Qu[eacute]bec J7N 3C6, Canada; telephone 450-476-7676;
email <a href="/cdn-cgi/l/email-protection#75144747452a160716351417165b141c07170006"><span class="__cf_email__" data-cfemail="0667343436596574654667646528676f74647375">[email protected]</span></a>; website <a href="http://a220world.airbus.com">a220world.airbus.com</a>. You may
view this service information 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.
(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-2023-39, dated June 6, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-39, 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#4511066b042c37322a37312d2c2b203636012c372026312c33203668062a2b362c222b203621202b24332c2224272c292c31206b11060531266b22266b2624"><span class="__cf_email__" data-cfemail="d68295f897bfa4a1b9a4a2bebfb8b3a5a592bfa4b3b5a2bfa0b3a5fb95b9b8a5bfb1b8b3a5b2b3b8b7a0bfb1b7b4bfbabfa2b3f8829596a2b5f8b1b5f8b5b7">[email protected]</span></a>; website 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#0167732f686f7271646275686e6f416f6073602f666e77"><span class="__cf_email__" data-cfemail="7c1a0e5215120f0c191f081513123c121d0e1d521b130a">[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 November 29, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-27677 Filed 12-15-23; 8:45 am]
BILLING CODE 4910-13-P
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