Proposed Rule2025-05489
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
April 1, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. This action revises the NPRM by adding a prohibition on flight dispatch under certain conditions. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM.
Full Text
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<title>Federal Register, Volume 90 Issue 61 (Tuesday, April 1, 2025)</title>
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[Federal Register Volume 90, Number 61 (Tuesday, April 1, 2025)]
[Proposed Rules]
[Pages 14343-14346]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05489]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 90, No. 61 / Tuesday, April 1, 2025 /
Proposed Rules
[[Page 14343]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0454; Project Identifier MCAI-2023-00923-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: Supplemental notice of proposed rulemaking (SNPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that would have applied to all Airbus Canada Limited Partnership Model
BD-500-1A10 and BD-500-1A11 airplanes. This action revises the NPRM by
adding a prohibition on flight dispatch under certain conditions. The
FAA is proposing this airworthiness directive (AD) to address the
unsafe condition on these products. Since these actions would impose an
additional burden over those in the NPRM, the FAA is requesting
comments on this SNPRM.
DATES: The FAA must receive comments on this SNPRM by May 16, 2025.
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-2024-0454; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, this SNPRM, 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 Transport Canada material identified in this proposed
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#faaeb9d4bb93888d95888e9293949f8989be93889f998e938c9f89d7b9959489939d949f899e9f949b8c939d9b989396938e9fd4aeb9ba8e99d49d99d4999b"><span class="__cf_email__" data-cfemail="d18592ff90b8a3a6bea3a5b9b8bfb4a2a295b8a3b4b2a5b8a7b4a2fc92bebfa2b8b6bfb4a2b5b4bfb0a7b8b6b0b3b8bdb8a5b4ff859291a5b2ffb6b2ffb2b0">[email protected]</span></a>; website at tc.canada.ca/en/
aviation. It is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2024-0454.
<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: Joseph Catanzaro, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
516-228-7300; email <a href="/cdn-cgi/l/email-protection#d5ecf8b4a3a6f8bbacb4b6baf8b6baa695b3b4b4fbb2baa3"><span class="__cf_email__" data-cfemail="033a2e6275702e6d7a62606c2e606c70436562622d646c75">[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 the ADDRESSES section. Include ``Docket No. FAA-2024-0454;
Project Identifier MCAI-2023-00923-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 SNPRM.
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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should
be sent to Joseph Catanzaro, Aviation Safety Engineer, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#1a23377b6c693774637b7975377975695a7c7b7b347d756c"><span class="__cf_email__" data-cfemail="dee7f3bfa8adf3b0a7bfbdb1f3bdb1ad9eb8bfbff0b9b1a8">[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 an 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 published in the Federal Register
on March 7, 2024 (89 FR 16486). The NPRM was prompted by AD CF-2023-59,
dated July 26, 2023 (Transport Canada AD CF-2023-59), issued by
Transport Canada, which is the aviation authority for Canada. Transport
Canada AD CF-2023-59 states that there have been multiple in-service
failures of engine feed check valves, which have resulted in fuel
imbalance conditions in flight. An investigation found that the engine
feed check valve is subject to abnormal wear-out failures due to a
severe operating environment in the engine fuel feed line. In the event
of a failure of the check valve, flapper valve assembly items can
become dislodged and contaminate the fuel system, potentially
[[Page 14344]]
resulting in severe fuel imbalance or loss of fuel flow to the engine.
In the NPRM, the FAA proposed to require repetitive replacement of
the left- and right-side engine feed check valves with new engine feed
check valves.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, Transport Canada superseded
Transport Canada AD CF-2023-59, dated July 26, 2023, and issued
Transport Canada AD CF-2024-20, dated June 5, 2024 (Transport Canada AD
CF-2024-20) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus Canada Limited Partnership Model BD-500-1A10
and BD-500-1A11 airplanes. The MCAI states that since issuance of
Transport Canada AD CF-2023-59, the manufacturer determined that
dispatching with either the left or right fuel alternating current (AC)
boost pump inoperative can further exacerbate the risk of severe fuel
imbalance, potentially leading to loss of fuel flow to both engines.
The manufacturer issued Flight Operations Transmission (FOT) A220-FOT-
28-00-001 to raise awareness of this issue and recommend certain
dispatch restrictions. The MCAI retains the requirements of Transport
Canada AD CF-2023-59, which is superseded, and prohibits dispatch with
either the left or right fuel AC boost pump inoperative.
The FAA is proposing this AD to address failure of the check valve.
The unsafe condition, if not addressed, could result in severe fuel
imbalance or loss of fuel flow to one or both engines.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0454.
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received additional comments from Delta Air Lines (Delta).
The following presents the comments received on the NPRM and the FAA's
response to each comment.
Request for Revised Reference to MCAI
Delta requested that the proposed AD be revised to reference
Transport Canada AD CF-2024-20 instead of Transport Canada AD CF-2023-
59. Delta pointed out that Transport Canada AD CF-2024-20 adds a
prohibition on dispatch of an airplane with either the left or right
fuel AC boost pump inoperative.
The FAA agrees and has revised paragraph (g) of the proposed AD to
reference Transport Canada AD CF-2024-20 which also adds the
prohibition on dispatch with either the left or right fuel AC boost
pump inoperative to the proposed requirements. The description of the
unsafe condition has also been revised to match the revised unsafe
condition description in Transport Canada AD CF-2024-20.
Request for Permission To Use Later Revisions of Service Information
Delta requested that the FAA state its position on the approval to
use later revisions of Airbus Canada Service Bulletin BD500-282018,
Issue 001, dated May 29, 2023. Delta sated that Transport Canada AD CF-
2023-59 (which was proposed for incorporation by reference in the NPRM)
provides this allowance.
The FAA agrees to clarify. The FAA confirms that it intends to
allow the use of applicable later service bulletins revisions to comply
with the requirements of this proposed AD. This proposed AD refers to
Transport Canada AD CF-2024-20 as the appropriate source of service
information for accomplishing the required actions. Paragraph A. of
Transport Canada AD CF-2024-20 specifies acceptance of the use of
later-approved revisions of the referenced service bulletin document
for compliance. Therefore, applicable later-approved service bulletin
revisions are acceptable.
Request To Clarify Proposed AD's Effect on Compliance With AD 2023-16-
02
Delta requested that the FAA clarify the relationship between the
proposed AD and AD 2023-16-02, Amendment 39-22521 (88 FR 56459, August
18, 2023) (AD 2023-16-02). Delta noted that AD 2023-16-02 includes a
repetitive inspection, at intervals not to exceed 3,000 flight hours,
of the fuel feed system at ribs 5 and 6. That inspection, depending on
findings on the tee assembly, could lead to an on-condition inspection
of the engine isolation feed ejector check valve P/N 2090199-101 at two
locations per wing and replacement if any damage is discovered on those
valves. Delta compared that requirement to the proposed AD's proposed
requirement of repetitive replacement of one engine isolation feed
ejector check valve within 4,000 flight cycles and thereafter at
intervals not to exceed 3,000 flight cycles, and suggested that the
repetitive replacement be used in lieu of the on-condition replacement
required by AD 2023-16-02.
The FAA agrees. Replacement of an engine isolation feed ejector
check valve, P/N 2090199-101, under certain conditions, would be an
equivalent level of safety for the on-condition inspection of that
valve required by AD 2023-16-02. The FAA has revised paragraph (b) of
this proposed AD to indicate the connection between this SNPRM and AD
2023-16-02, and added a new paragraph (i) to this proposed AD to
specify the conditions for terminating action.
Material Incorporated by Reference Under 1 CFR Part 51
Transport Canada AD CF-2024-20 specifies procedures for repetitive
replacement of the left- and right-side engine feed check valves with
new engine feed check valves and prohibits dispatch with either the
left or right fuel AC boost pump inoperative. 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 SNPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.
Proposed AD Requirements in This SNPRM
This proposed AD would require accomplishing the actions specified
in Transport Canada AD CF-2024-20 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed 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, the
FAA proposes to
[[Page 14345]]
incorporate Transport Canada AD CF-2024-20 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
Transport Canada AD CF-2024-20 in its entirety through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Material required by Transport
Canada AD CF-2024-20 for compliance will be available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-0454 after the FAA final rule
is published.
Interim Action
The FAA considers that this proposed AD would be an interim action.
If final action is identified, the FAA might consider further
rulemaking then.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 91 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
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765 $2,830 per replacement $3,595 per replacement $327,145 per
per replacement cycle. cycle. cycle. replacement cycle.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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-2024-0454; Project Identifier MCAI-2023-00923-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 16, 2025.
(b) Affected ADs
This AD affects AD 2023-16-02, Amendment 39-22521 (88 FR 56459,
August 18, 2023) (AD 2023-16-02).
(c) Applicability
This AD applies to all Airbus Canada Limited Partnership Model
BD-500-1A10 and BD-500-1A11 airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a report of multiple in-service failures
of engine feed check valves, which have resulted in fuel imbalance
conditions in flight. The FAA is issuing this AD to address failure
of the check valve. The unsafe condition, if not addressed, could
result in severe fuel imbalance or loss of fuel flow to one or both
engines.
(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-2024-20, dated June 5, 2024
(Transport Canada AD CF-2024-20).
(h) Exception to Transport Canada AD CF-2024-20
(1) Where Transport Canada AD CF-2024-20 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2024-20 refers to hours air
time, this AD requires using flight hours.
(i) Terminating Action for AD 2023-16-02
Accomplishing repetitive replacement of the engine isolation
feed ejector check valve, P/N 2090199-101, as required by paragraph
(g) of this AD is an acceptable means of complying with the
repetitive on-condition inspection requirement of AD 2023-16-02
provided that all of the conditions in paragraphs (i)(1) through (3)
are satisfied.
(1) Both the replacement and on-condition inspection required by
paragraph (g) of this AD are accomplished concurrently at intervals
not to exceed 3,000 flight hours after the most recent inspection
performed in accordance with AD 2023-16-02.
(2) Only one check valve (P/N 2090199-101) that has been
replaced as specified in paragraph (g) of this AD, per wing, may be
granted relief from the on-condition inspection and replacement
requirements of AD 2023-16-02.
(3) All other applicable requirements of AD 2023-16-02 are
complied with.
[[Page 14346]]
(j) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
airplane can be modified, provided that only crew are onboard.
(k) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued 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 Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (l) of this AD and email to:
<a href="/cdn-cgi/l/email-protection#a2e3efede1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="9bdad6d4d8dbfdfafab5fcf4ed">[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, AIR-520,
Continued Operational Safety Branch, FAA; or Transport Canada; or
Airbus Canada'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 (k)(2) of this AD, if any material 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.
(l) Additional Information
For more information about this AD, contact Joseph Catanzaro,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#eed7c38f989dc380978f8d81c38d819dae888f8fc0898198"><span class="__cf_email__" data-cfemail="ab9286caddd886c5d2cac8c486c8c4d8ebcdcaca85ccc4dd">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF-2024-20, dated June 5, 2024.
(ii) [Reserved]
(3) For Transport Canada material identified 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#9fcbdcb1def6ede8f0edebf7f6f1faececdbf6edfafcebf6e9faecb2dcf0f1ecf6f8f1faecfbfaf1fee9f6f8fefdf6f3f6ebfab1cbdcdfebfcb1f8fcb1fcfe"><span class="__cf_email__" data-cfemail="4f1b0c610e263d38203d3b2726212a3c3c0b263d2a2c3b26392a3c620c20213c2628212a3c2b2a212e3926282e2d2623263b2a611b0c0f3b2c61282c612c2e">[email protected]</span></a>; 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 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">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#5f392d7136312c2f3a3c2b3630311f313e2d3e71383029"><span class="__cf_email__" data-cfemail="076175296e6974776264736e6869476966756629606871">[email protected]</span></a>.
Issued on March 25, 2025.
Victor Wicklund,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-05489 Filed 3-31-25; 8:45 am]
BILLING CODE 4910-13-P
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