Rule2024-11410
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
May 24, 2024
Effective
June 28, 2024
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 the determination that reliance on design assurance level (DAL) D software for flight-critical fly-by-wire (FBW) rigging functions may result in undetected inaccurate positioning of the primary flight control surfaces. This AD requires the use of specific issues of the aircraft maintenance publication (AMP) for electrical rigging procedures, and an electrical rigging confirmation check of primary flight control surfaces for certain airplanes, 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 89 Issue 102 (Friday, May 24, 2024)</title>
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[Federal Register Volume 89, Number 102 (Friday, May 24, 2024)]
[Rules and Regulations]
[Pages 45758-45760]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11410]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1997; Project Identifier MCAI-2023-00383-T;
Amendment 39-22748; AD 2024-10-03]
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.
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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 the determination that reliance on
design assurance level (DAL) D software for flight-critical fly-by-wire
(FBW) rigging functions may result in undetected inaccurate positioning
of the primary flight control surfaces. This AD requires the use of
specific issues of the aircraft maintenance publication (AMP) for
electrical rigging procedures, and an electrical rigging confirmation
check of primary flight control surfaces for certain airplanes, 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 June 28, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 28,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1997; 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, 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#37637419765e45405845435f5e59524444735e455254435e4152441a745859445e5059524453525956415e5056555e5b5e4352196374774354195054195456"><span class="__cf_email__" data-cfemail="f3a7b0ddb29a81849c81879b9a9d968080b79a819690879a859680deb09c9d809a949d968097969d92859a9492919a9f9a8796dda7b0b38790dd9490dd9092">[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-2023-1997.
FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#231a0e4255500e4d5a42404c0e404c50634542420d444c55"><span class="__cf_email__" data-cfemail="271e0a4651540a495e4644480a4448546741464609404851">[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 all Airbus Canada
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The
NPRM was published in the Federal Register on October 19, 2023 (88 FR
72008). The NPRM was prompted by AD CF-2023-15, dated March 2, 2023
(also referred to as the MCAI), issued by Transport Canada, which is
the aviation authority for Canada. The MCAI states that during the
airplane design review, it was discovered that the FBW electrical
rigging functions rely in part on the primary flight control computer
maintenance partition, which was certified to DAL D. The reliance on
DAL D software for flight-critical FBW rigging functions may result in
undetected inaccurate positioning of the primary flight control
surfaces.
In the NPRM, the FAA proposed to require the use of specific issues
of the AMP for electrical rigging procedures, and an electrical rigging
confirmation check of primary flight control surfaces for certain
airplanes, as specified in Transport Canada AD CF-2023-15. The FAA is
issuing this AD to address a potential undetected inaccurate
positioning of the primary flight control surfaces, which, in
combination with an additional failure or extreme maneuvers, can lead
to runway excursion or structure ultimate load exceedance.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1997.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
The FAA received additional comments from Delta Airlines (DAL). The
following presents the comments received on the NPRM and the FAA's
response to each comment.
Request To Revise the Applicability Statement
DAL requested that the applicability of paragraph (c) of the
proposed AD be revised to match the applicability of Transport Canada
CF-2023-15. DAL noted that Part I of Transport Canada AD CF-2023-15
applies to all Model BD-500-1A10 and BD-500-1A11 airplanes. Delta
asserted that Part I would not be required by the FAA's proposed AD.
DAL stated that Part II of Transport Canada AD CF-2023-15 applies to a
subset of the manufacturer serial numbers (MSNs) identified in the
applicability of the FAA's proposed AD.
The FAA infers that DAL requests revising paragraph (c) of the AD
to reflect the applicability of each Part of Transport Canada AD CF-
2023-15. The FAA also notes that Delta incorrectly assumed that this
FAA AD does not require the actions of Part I of Transport Canada AD
CF-2023-15.
The overall applicability of an AD (paragraph (c) of this AD)
includes all airplanes affected by any of the requirements of the AD.
If the applicability of an individual requirement in an AD is a subset
of the overall applicability, then that individual requirement would
also
[[Page 45759]]
identify the airplanes affected by that requirement. Transport Canada
AD CF-2023-15 identifies the airplanes affected by each Part. Since
this AD requires all actions of Transport Canada AD CF-2023-15,
including the actions in Part I, no additional exceptions are needed.
The FAA has not changed this AD as a result of this comment.
Request To Clarify Compliance Time
DAL requested that a new exception be added to paragraph (h) of the
proposed AD to state that where Transport AD CF-2023-15 refers to its
effective date, operators should use the FAA's effective date instead.
The FAA agrees that an exception should be added to clarify the
starting point for the compliance time for Part I of Transport Canada
AD CF-2023-15. This AD has been revised to add paragraph (h)(1) of this
AD stating that the compliance period starts from the effective date of
the FAA AD.
Request To Provide Relief From Re-Accomplishment of Certain Actions
DAL asserted that paragraph (h)(2) of the proposed AD requires re-
accomplishment of the electrical rigging on airplanes on which the
actions specified in Airbus Canada Limited Partnership Service Bulletin
BD500-270016 were accomplished prior to the effective date of this AD,
although such re-accomplishment is not required by Transport Canada AD
CF-2023-15 or the service bulletin. DAL noted that because paragraph
(f) of the proposed AD stated that the actions of the AD are required
``unless already done,'' those actions do not need to be re-
accomplished after the effective date of this AD, since Part II of
Transport Canada AD CF-2023-15 requires the electrical rigging
procedure only once.
The FAA agrees with the request. Paragraph (h)(2) of the proposed
AD incorrectly included provisions for airplanes on which the actions
of SB BD500-270016 were already accomplished. And, as the commenter
noted, paragraph (f) of this AD specifies that required actions done
before the effective date of the AD do not need to be repeated.
Paragraph (h)(2) of this AD has been removed, and replaced with an
exception changing ``hours air time'' to ``flight hours.''
Request To Allow Use of Later-Approved Service Information
DAL also noted that Transport Canada AD CF-2023-15 allows the use
of later revisions of the service bulletin, where the proposed AD is
not specific as to which service bulletin revision is required.
The FAA provides the following clarification regarding later-
approved service bulletin revisions in this AD. DAL noted that the
proposed AD did not mention later-approved service bulletins, although
Transport Canada AD CF-2023-15 allows the use of later revisions of the
service bulletin. Because this AD automatically adopts this provision
as part of the requirements of Transport Canada AD CF-2023-15, this AD
also allows later-approved versions of the service bulletin.
Request To Clarify Reporting Requirements
DAL requested that the proposed AD be revised to state that no
reporting is required. DAL stated that no reporting should be necessary
if the operator is already recording in applicable airplane records
accomplishment of the service information referenced in Transport
Canada AD CF-2023-15. Furthermore, DAL declared reporting
accomplishment does not provide any technical value, nor does it affect
the airworthiness of the airplane.
The FAA finds that although reporting is not necessary to comply
with this AD, there is no need to include an exception in this AD to
explain this. A ``reporting requirement'' in an AD typically requests
findings from an inspection to enable the manufacturer to learn more
about the cause of the AD and determine appropriate corrective actions.
In this case, the service information referenced in Transport Canada AD
CF-2023-15 merely requests that operators inform Airbus Canada of the
completion of the service bulletin for their airplanes and does not
specify submitting specific information such as test results.
Therefore, no change is necessary to this AD.
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 AD CF-2023-15 specifies using specific AMP
versions for electrical rigging procedures for primary flight control
surfaces, and, for certain airplanes, performing an electrical rigging
confirmation check of primary flight 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 72 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
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Up to 9 work-hours x $85 per hour = $0 Up to $765................ Up to $55,080.
$765.
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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
[[Page 45760]]
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:
2024-10-03 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22748; Docket No. FAA-2023-1997;
Project Identifier MCAI-2023-00383-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 28, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Canada Limited Partnership Model
BD-500-1A10 and BD-500-1A11 airplanes, certified in any category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
It is possible that the surface travel checks were not done
after the electrical rigging of the ailerons, the elevators, and the
rudder. If this occurs, it is possible that the ailerons, the
elevators, and the rudder will not be able to reach their maximum
travel or return to their neutral position. The FAA is issuing this
AD to ensure accurate rigging of the aircraft primary flight control
surfaces by adding physical travel and centering checks of primary
flight control surfaces. The unsafe condition, if not addressed,
could result in undetected inaccurate positioning of the primary
flight control surfaces, which in combination with an additional
failure or extreme maneuvers, can lead to runway excursion or
structure ultimate load exceedance.
(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-2023-15, dated March 2, 2023
(Transport Canada AD CF-2023-15).
(h) Exceptions to Transport Canada AD CF-2023-15
(1) Where Transport Canada AD CF-2023-15 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2023-15 refers to hours air
time, this AD requires replacing those words with flight hours.
(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#99a0b4d8cfcab4d8d0cbb4aeaaa9b4d8d4d6dad9fff8f8b7fef6ef"><span class="__cf_email__" data-cfemail="437a6e0215106e020a116e7470736e020e0c00032522226d242c35">[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 William
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#370e1a5641441a594e5654581a5458447751565619505841"><span class="__cf_email__" data-cfemail="360f1b5740451b584f5755591b5559457650575718515940">[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#5a3b68686a053928391a3b3839743b3328382f29"><span class="__cf_email__" data-cfemail="a1c0939391fec2d3c2e1c0c3c28fc0c8d3c3d4d2">[email protected]</span></a>; website <a href="http://a220world.airbus.com">a220world.airbus.com</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-2023-15 dated March 2, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-15, 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#0a5e49244b63787d65787e6263646f79794e63786f697e637c6f792749656479636d646f796e6f646b7c636d6b686366637e6f245e494a7e69246d6924696b"><span class="__cf_email__" data-cfemail="a0f4e38ee1c9d2d7cfd2d4c8c9cec5d3d3e4c9d2c5c3d4c9d6c5d38de3cfced3c9c7cec5d3c4c5cec1d6c9c7c1c2c9ccc9d4c58ef4e3e0d4c38ec7c38ec3c1">[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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>, or email <a href="/cdn-cgi/l/email-protection#096f7b2760677a796c6a7d6066674967687b68276e667f"><span class="__cf_email__" data-cfemail="2543570b4c4b56554046514c4a4b654b4457440b424a53">[email protected]</span></a>.
Issued on May 8, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-11410 Filed 5-23-24; 8:45 am]
BILLING CODE 4910-13-P
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