Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 78805-78808 [2020-26764]

Download as PDF 78805 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Proposed Rules c. Adding footnote 2 after ‘‘Market Risk Measure for Highly Complex Institutions’’. The revisions and additions read as follows: ■ TABLE E.2—EXCLUSIONS FROM CERTAIN RISK MEASURES USED TO CALCULATE THE ASSESSMENT RATE FOR LARGE OR HIGHLY COMPLEX INSTITUTIONS Scorecard measures 1 Description Exclusions * * Credit Quality Measure 2 ................ * * * The credit quality score is the higher of the following two scores: * * * * Market Risk Measure for Highly Complex Institutions 2. * * * The market risk score is a weighted average of the following three scores: * * * * * * * * * 1 The applicable portions of the current expected credit loss methodology (CECL) transitional amounts attributable to the allowance for credit losses on loans and leases held for investment and added to retained earnings for regulatory capital purposes pursuant to the regulatory capital regulations, as they may be amended from time to time (12 CFR part 3, 12 CFR part 217, 12 CFR part 324, 85 FR 61577 (Sept. 30, 2020), and 84 FR 4222 (Feb. 14, 2019)), will be removed from the sum of Tier 1 capital and reserves throughout the large and highly complex bank scorecards, including in the ratio of Higher-Risk Assets to Tier 1 Capital and Reserves, the Growth-Adjusted Portfolio Concentrations Measure, the ratio of Top 20 Counterparty Exposure to Tier 1 Capital and Reserves, the Ratio of Largest Counterparty Exposure to Tier 1 Capital and Reserves, the ratio of Criticized and Classified Items to Tier 1 Capital and Reserves, and the ratio of Underperforming Assets to Tier 1 Capital and Reserves. All of these ratios are described in appendix A of this subpart. 2 The credit quality score is the greater of the criticized and classified items to Tier 1 capital and reserves score or the underperforming assets to Tier 1 capital and reserves score. The market risk score is the weighted average of three scores—the trading revenue volatility to Tier 1 capital score, the market risk capital to Tier 1 capital score, and the level 3 trading assets to Tier 1 capital score. All of these ratios are described in appendix A of this subpart and the method of calculating the scores is described in appendix B of this subpart. Each score is multiplied by its respective weight, and the resulting weighted score is summed to compute the score for the market risk measure. An overall weight of 35 percent is allocated between the scores for the credit quality measure and market risk measure. The allocation depends on the ratio of average trading assets to the sum of average securities, loans and trading assets (trading asset ratio) as follows: (1) Weight for credit quality score = 35 percent * (1—trading asset ratio); and, (2) Weight for market risk score = 35 percent * trading asset ratio. In calculating the trading asset ratio, exclude from the balance of loans the outstanding balance of loans provided under the Paycheck Protection Program. (a) Description of the loss severity measure. The loss severity measure applies a standardized set of assumptions to an institution’s balance sheet to measure possible losses to the FDIC in the event of an institution’s failure. To determine an institution’s loss severity rate, the FDIC first applies assumptions about uninsured deposit and other liability runoff, and growth in insured deposits, to adjust the size and composition of the institution’s liabilities. Exclude total outstanding borrowings from Federal Reserve Banks under the Paycheck Protection Program Liquidity Facility from short-and long-term secured borrowings, as appropriate. Assets are then reduced to match any reduction in liabilities. Exclude from an institution’s balance of commercial and industrial loans the outstanding balance of loans provided under the Paycheck Protection Program. In the event that the outstanding balance of loans provided under the Paycheck Protection Program exceeds the balance of commercial and industrial loans, exclude any remaining balance of loans provided under the Paycheck Protection Program first from the balance of all other loans, up to the total amount of all other loans, followed by the balance of agricultural loans, up to the total amount of agricultural loans. Increase cash balances by outstanding loans provided under the Paycheck Protection Program that exceed total outstanding borrowings from Federal Reserve Banks under the Paycheck Protection Program Liquidity Facility, if any. The institution’s asset values are then further reduced so that the Leverage Ratio reaches 2 percent. In both cases, assets are adjusted pro rata to preserve the institution’s asset composition. Assumptions regarding loss rates at failure for a given asset category and the extent of secured liabilities are then applied to estimated assets and liabilities at failure to determine whether the institution has enough unencumbered assets to cover domestic deposits. Any projected shortfall is divided by current domestic deposits to obtain an end-of-period loss severity ratio. The loss severity measure is an average loss severity ratio for the three most recent quarters of data available. The applicable portions of the current expected credit loss methodology (CECL) transitional amounts attributable to the allowance for credit losses on loans and leases held for investment and added to retained earnings for regulatory capital purposes pursuant to the regulatory capital regulations, as they may be amended from time to time (12 CFR part 3, 12 CFR part 217, 12 CFR part 324, 85 FR 61577 (Sept. 30, 2020), and 84 FR 4222 (Feb. 14, 2019)), will be removed from the calculation of the loss severity measure. * * * * * DEPARTMENT OF TRANSPORTATION Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on November 17, 2020. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2020–25830 Filed 12–4–20; 8:45 am] khammond on DSKJM1Z7X2PROD with PROPOSALS BILLING CODE 6714–01–P Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–1110; Project Identifier MCAI–2020–01003–T] RIN 2120–AA64 Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: VerDate Sep<11>2014 17:11 Dec 04, 2020 Jkt 253001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 The FAA proposes to supersede Airworthiness Directive (AD) 2019–23–15, which applies to certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500– 1A11 airplanes. AD 2019–23–15 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2019–23–15, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA is proposing this AD to SUMMARY: E:\FR\FM\07DEP1.SGM 07DEP1 78806 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by January 21, 2021. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • 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. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, Que´bec, J7N 3C6, Canada; telephone 450–476–7676; email a220_crc@abc.airbus; internet https:// a220world.airbus.com. 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. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 1110; 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, any comments received, and other information. The street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516–228–7330; fax: 516–794–5531; email: 9-avs-nyaco-cos@ faa.gov. 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–2020–1110; Project Identifier MCAI–2020–01003–T’’ at the VerDate Sep<11>2014 17:11 Dec 04, 2020 Jkt 253001 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 the 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 https:// www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this proposed AD. 23–15 to address reduced structural integrity of the airplane or reduced controllability of the airplane. Actions Since AD 2019–23–15 Was Issued Since the FAA issued AD 2019–23– 15, the FAA has determined that new or more restrictive airworthiness limitations are necessary. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF–2020–25, dated July 16, 2020 (also referred to after this as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for certain Airbus Canada Limited Partnership Model BD–500– 1A10 and BD–500–1A11 airplanes. You may examine the MCAI in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 1110. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is proposing this AD to address reduced structural integrity of the airplane or reduced controllability of the airplane. See the MCAI for additional background information. 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 Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516–228–7330; fax: 516– 794–5531; email: 9-avs-nyaco-cos@ faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. FAA’s Determination Discussion The FAA issued AD 2019–23–15, Amendment 39–19809 (84 FR 67830, December 12, 2019) (AD 2019–23–15), for certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500–1A11 airplanes. AD 2019–23– 15 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. AD 2019–23–15 resulted from a determination that new or more restrictive airworthiness limitations are necessary. The FAA issued AD 2019– 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 the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is proposing this AD because the FAA evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Related Service Information Under 1 CFR Part 51 Airbus Canada Limited Partnership has issued A220 Airworthiness Limitations BD500–3AB48–11400–02, Issue 011.00, dated June 18, 2020. This service information describes airworthiness limitations for fuel tank systems, safe life limits, and certification maintenance requirements. This service information 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. E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Proposed Rules Proposed Requirements of This NPRM This proposed AD would retain none of the requirements of AD 2019–23–15. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections) and Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (i)(1) of this proposed AD. Costs of Compliance The FAA estimates that this proposed AD affects 11 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA has determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 (90 work-hours × $85 per work-hour). khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 17:11 Dec 04, 2020 Jkt 253001 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) 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 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2019–23–15, Amendment 39– 19809 (84 FR 67830, December 12, 2019), and ■ b. Adding the following new AD: ■ ■ Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): Docket No. FAA– 2020–1110; Project Identifier MCAI– 2020–01003–T. (a) Comments Due Date The FAA must receive comments by January 21, 2021. (b) Affected ADs This AD replaces AD 2019–23–15, Amendment 39–19809 (84 FR 67830, December 12, 2019). (c) Applicability This AD applies to the Airbus Canada Limited Partnership Model BD–500–1A10 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 78807 and BD–500–1A11 airplanes, certificated in any category, identified in paragraphs (c)(1) and (2) of this AD. (1) Model BD–500–1A10 airplanes, serial numbers 50001 and subsequent with an original airworthiness certificate or original export certificate of airworthiness issued on or before June 18, 2020. (2) Model BD–500–1A11 airplanes, serial numbers 55001 and subsequent with an original airworthiness certificate or original export certificate of airworthiness issued on or before June 18, 2020. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Reason This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address reduced structural integrity of the airplane or reduced controllability of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) New Maintenance or Inspection Program Revision Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Airbus Canada Limited Partnership A220 Airworthiness Limitations, BD500–3AB48– 11400–02, Issue 011.00, dated June 18, 2020. The initial compliance time for doing the tasks is at the time specified in Airbus Canada Limited Partnership A220 Airworthiness Limitations, BD500–3AB48– 11400–02, Issue 011.00, dated June 18, 2020, or within 90 days after the effective date of this AD, whichever occurs later. (h) New No Alternative Actions, Intervals, or Critical Design Configuration Control Limitations (CDCCLs) After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (i)(1) of this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO 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 certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New E:\FR\FM\07DEP1.SGM 07DEP1 78808 Federal Register / Vol. 85, No. 235 / Monday, December 7, 2020 / Proposed Rules York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. 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, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Airbus Canada Limited Partnership’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAOauthorized signature. (j) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF–2020–25, dated July 16, 2020, for related information. This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1110. (2) For more information about this AD, contact Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516–228–7330; fax: 516–794–5531; email: 9avs-nyaco-cos@faa.gov. (3) For service information identified in this AD, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, Que´bec, J7N 3C6, Canada; telephone 450–476–7676; email a220_crc@abc.airbus; internet https://a220world.airbus.com. 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. Issued on December 1, 2020. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–26764 Filed 12–4–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–1111; Product Identifier MCAI–2020–01374–T] khammond on DSKJM1Z7X2PROD with PROPOSALS RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) SUMMARY: VerDate Sep<11>2014 17:11 Dec 04, 2020 Jkt 253001 2018–24–03 which applies to all Dassault Aviation Model Falcon 10 airplanes. AD 2018–24–03 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. Since the FAA issued AD 2018–24–03, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products. The FAA must receive comments on this proposed AD by January 21, 2021. DATES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • 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. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For EASA material identified in this proposed AD that will be incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet www.easa.europa.eu. You may find this IBR material on the EASA website at https://ad.easa.europa.eu. For Dassault Aviation service information identified in this proposed AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201–440–6700; internet https://www.dassaultfalcon.com. You may view this IBR 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 on the internet at https:// www.regulations.gov by searching for ADDRESSES: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 and locating Docket No. FAA–2020– 1111. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating FAA–2020–1111; 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, any comments received, and other information. The street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3226; email tom.rodriguez@faa.gov. 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–2020–1111; Product Identifier MCAI–2020–01374–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 NPRM based on 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 that are received, without change, to https://www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact the FAA receives 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 E:\FR\FM\07DEP1.SGM 07DEP1

Agencies

[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Proposed Rules]
[Pages 78805-78808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26764]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1110; Project Identifier MCAI-2020-01003-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).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2019-23-15, which applies to certain Airbus Canada Limited Partnership 
Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2019-23-15 requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2019-23-15, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would require revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA is proposing this AD to

[[Page 78806]]

address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 21, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Airbus 
Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, 
Qu[eacute]bec, J7N 3C6, Canada; telephone 450-476-7676; email 
[email protected]; internet https://a220world.airbus.com. 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.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1110; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7330; fax: 
516-794-5531; email: [email protected].

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-2020-1110; 
Project Identifier MCAI-2020-01003-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 the 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 
Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone: 516-228-7330; fax: 516-794-5531; email: [email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    The FAA issued AD 2019-23-15, Amendment 39-19809 (84 FR 67830, 
December 12, 2019) (AD 2019-23-15), for certain Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2019-23-15 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. AD 2019-23-15 resulted from a determination that new or 
more restrictive airworthiness limitations are necessary. The FAA 
issued AD 2019-23-15 to address reduced structural integrity of the 
airplane or reduced controllability of the airplane.

Actions Since AD 2019-23-15 Was Issued

    Since the FAA issued AD 2019-23-15, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2020-25, dated July 16, 
2020 (also referred to after this as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. You may examine the MCAI in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1110.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    Airbus Canada Limited Partnership has issued A220 Airworthiness 
Limitations BD500-3AB48-11400-02, Issue 011.00, dated June 18, 2020. 
This service information describes airworthiness limitations for fuel 
tank systems, safe life limits, and certification maintenance 
requirements. This service information 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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

[[Page 78807]]

Proposed Requirements of This NPRM

    This proposed AD would retain none of the requirements of AD 2019-
23-15. This proposed AD would require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(i)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 11 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

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) 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 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:
0
a. Removing Airworthiness Directive (AD) 2019-23-15, Amendment 39-19809 
(84 FR 67830, December 12, 2019), and
0
b. Adding the following new AD:

Airbus Canada Limited Partnership (Type Certificate Previously Held 
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): 
Docket No. FAA-2020-1110; Project Identifier MCAI-2020-01003-T.

(a) Comments Due Date

    The FAA must receive comments by January 21, 2021.

(b) Affected ADs

    This AD replaces AD 2019-23-15, Amendment 39-19809 (84 FR 67830, 
December 12, 2019).

(c) Applicability

    This AD applies to the Airbus Canada Limited Partnership Model 
BD-500-1A10 and BD-500-1A11 airplanes, certificated in any category, 
identified in paragraphs (c)(1) and (2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before June 18, 
2020.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and 
subsequent with an original airworthiness certificate or original 
export certificate of airworthiness issued on or before June 18, 
2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address reduced structural integrity of the 
airplane or reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 011.00, dated June 18, 2020. The initial compliance time for 
doing the tasks is at the time specified in Airbus Canada Limited 
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02, 
Issue 011.00, dated June 18, 2020, or within 90 days after the 
effective date of this AD, whichever occurs later.

(h) New No Alternative Actions, Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New

[[Page 78808]]

York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531. 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, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Airbus 
Canada Limited Partnership's TCCA Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2020-25, dated July 16, 2020, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2020-1110.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone: 516-228-7330; fax: 516-794-5531; email: [email protected].
    (3) For service information identified in this AD, contact 
Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, 
Mirabel, Qu[eacute]bec, J7N 3C6, Canada; telephone 450-476-7676; 
email [email protected]; internet https://a220world.airbus.com. 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.

    Issued on December 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-26764 Filed 12-4-20; 8:45 am]
BILLING CODE 4910-13-P
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