Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 66940-66945 [2021-25532]
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Rules and Regulations
(b) Affected ADs
None.
(c) Applicability
This AD applies to MHI RJ Aviation ULC
airplanes identified in paragraphs (c)(1)
through (3) of this AD, certificated in any
category.
(1) Model CL–600–2C10 (Regional Jet
Series 700, 701 & 702) and CL–600–2C11
(Regional Jet Series 550) airplanes, serial
numbers 10002 and subsequent.
(2) Model CL–600–2D15 (Regional Jet
Series 705) and CL–600–2D24 (Regional Jet
Series 900) airplanes, serial numbers 15001
and subsequent.
(3) Model CL–600–2E25 (Regional Jet
Series 1000) airplanes, serial numbers 19001
and subsequent.
(d) Subject
Air Transport Association (ATA) of
America Code 05, Periodic Inspections.
(e) Unsafe Condition
This AD was prompted by a determination
that new or more restrictive airworthiness
limitations for structural inspections and safe
life components are necessary. The FAA is
issuing this AD to address reduced structural
integrity and reduced controllability of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Maintenance or Inspection Program
Revision
Within 180 days after the effective date of
this AD, revise the existing maintenance or
inspection program, as applicable, to
incorporate the airworthiness limitations for
structural inspections and safe life
components specified in paragraphs (g)(1)
and (2) of this AD.
(1) The task number, model effectivity,
threshold, repeat cut-in, repeat, and task type
for the Section 2 structural inspections
specified in paragraph 2.B.(2)(a) of the
Accomplishment Instructions of MHI RJ
Service Bulletin 670BA–05–001, dated
August 27, 2020.
(2) The task number, part number, model
effectivity, and discard time for the Section
3 safe life components specified in paragraph
2.B.(3)(a) of the Accomplishment Instructions
of MHI RJ Service Bulletin 670BA–05–001,
dated August 27, 2020.
(h) No Alternative Actions and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or
intervals may be used unless they are
approved as specified in the provisions of
paragraphs 2.B.(2)(a) and 2.B.(3)(a) of the
Accomplishment Instructions of MHI RJ
Service Bulletin 670BA–05–001, dated
August 27, 2020.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
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(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
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 MHI RJ Aviation ULC’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) TCCA AD
CF–2020–53, dated December 7, 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–2021–0382.
(2) For more information about this AD,
contact Antariksh Shetty, Aerospace
Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7300; fax 516–794–5531;
email 9-avs-nyaco-cos@faa.gov.
(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) MHI RJ Service Bulletin 670BA–05–001,
dated August 27, 2020.
(ii) Reserved.
(3) For service information identified in
this AD, contact MHI RJ Aviation ULC, 12655
Henri-Fabre Blvd., Mirabel, Que´bec J7N 1E1
Canada; Widebody Customer Response
Center North America toll-free telephone +1–
844–272–2720 or direct-dial telephone +1–
514–855–8500; fax +1–514–855–8501; email
thd.crj@mhirj.com; internet https://
mhirj.com.
(4) 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.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
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Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Issued on October 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–25535 Filed 11–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0201; Project
Identifier MCAI–2020–01346–T; Amendment
39–21790; AD 2021–22–17]
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: Final rule.
AGENCY:
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 a report of cracking in certain
components on left and right sides of
the aft wing-to-body fairing (WTBF)
structure near the tie-rod attachment at
a certain fuselage station; this cracking
likely resulted from excessive tie-rod
preload. This AD requires inspecting the
aft WTBF structure for any cracking or
damage, adjusting the load on the two
tie-rods at a certain fuselage station, and
repair if necessary, as specified in two
Transport Canada Civil Aviation (TCCA)
ADs, which are incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
DATES: This AD is effective December
29, 2021.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of December 29, 2021.
ADDRESSES: For TCCA material
incorporated by reference (IBR) in this
AD, contact the TCCA, Transport
Canada National Aircraft Certification,
159 Cleopatra Drive, Nepean, Ontario
K1A 0N5, Canada; telephone 888–663–
3639; email AD-CN@tc.gc.ca; internet
https://tc.canada.ca/en/aviation. You
SUMMARY:
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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
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0201.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0201; 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 two TCCA ADs, 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.
FOR FURTHER INFORMATION CONTACT:
Antariksh Shetty, Aerospace Engineer,
Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7300; fax
516–794–5531; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
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Background
The TCCA, which is the aviation
authority for Canada, has issued TCCA
AD CF–2020–32, dated September 25,
2020 (TCCA AD CF–2020–32), to correct
an unsafe condition for all Airbus
Canada Limited Partnership Model BD–
500–1A10 and BD–500–1A11 airplanes.
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
published in the Federal Register on
April 1, 2021 (86 FR 17087). The NPRM
was prompted by a report of cracking in
certain components on left and right
sides of the aft WTBF structure near the
tie-rod attachment at a certain fuselage
station; this cracking likely resulted
from excessive tie-rod preload. The
NPRM proposed to require inspecting
the aft WTBF structure for any cracking
or damage, adjusting the load on the two
tie-rods at a certain fuselage station, and
repair if necessary, as specified in TCCA
AD CF–2020–32.
Since the NPRM was issued, the
TCCA has issued TCCA AD CF–2020–
32R1, dated April 23, 2021 (TCCA AD
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CF–2020–32R1), which provides
extended compliance times for airplanes
on which a certain WTBF reinforcement
modification has been accomplished.
The applicability of TCCA AD CF–
2020–32R1 is the same as in TCCA AD
CF–2020–32; therefore, there is no
change to the applicability of this AD.
In addition, TCCA AD CF–2020–32R1
does not add any new requirements; the
change to the compliance time is
relieving. Operators can address the
unsafe condition identified in this AD
by accomplishing the actions specified
in either TCCA AD CF–2020–32 or
TCCA AD CF–2020–32R1.
The FAA is issuing this AD to address
such cracking, which could lead to loss
of aft WTBF integrity and result in
damage due to parts departing the
airplane, loss of the radio altimeter, and
effects on airplane stability and
performance. See TCCA ADs CF–2020–
32 and CF–2020–32R1 for additional
background information.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
two commenters, including Airbus
Canada Limited Partnership (Airbus
Canada) and Delta Air Lines (DAL).
Additionally, on July 20, 2021, the FAA,
Airbus Canada, and DAL had a meeting
to clarify some of DAL’s comments. A
record of that meeting can be found in
the docket for this final rule. The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request for Clarification of ‘‘approved’’
as Used in ‘‘later-approved revision’’
Airbus Canada requested clarification
on the use of ‘‘approved’’ in ‘‘laterapproved revision’’ stated in paragraph
(h)(5) of the proposed AD. Airbus
Canada pointed out that the referenced
document is not an approved document
and is not listed on the TCCA or FAA
type certificate data sheet as an
approved publication. Airbus Canada
stated that it found that the phrase
seemed to imply authority involvement
in approving that document, but TCCA’s
involvement, per Canadian regulations,
is to find whether implementation of
that document is appropriate and
sufficient to rectify an unsafe condition.
DAL stated that including ‘‘approved’’
in the phrase ‘‘or later approved
revisions’’ changes the definition of
‘‘applicable [aircraft maintenance
publication] AMP [data module] DM’’ as
provided in the TCCA AD CF–2020–32.
DAL stated that the aircraft maintenance
publication is an FAA-accepted
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66941
document, not an FAA-approved
document. DAL requested that if the
FAA retains ‘‘or later approved
revision,’’ that the FAA then provide its
approval of Issue 006 of the document
in the final rue. DAL also stated that if
Airbus Canada revises the document,
operators are not generally aware of
corresponding changes to data modules,
and operators would not be able to use
the later revision without FAA approval
and would not be able to do the
inspection.
The FAA agrees to clarify. The FAA
does not have jurisdiction over TCCA
regulatory requirements. However, U.S.
operators must follow FAA
requirements and regulations for
compliance with FAA ADs. For the
purposes of this AD, Airbus Canada
Limited Partnership AMP DM BD500–
A–J53–82–55–04AAA–720A–A (Aft
fairing strut, Wing To Body Fairing
(WTBF)—Install procedure) Issue 006,
dated June 26, 2020, is the approved
version specified in TCCA AD CF–
2020–32 and TCCA AD CF–2020–32R1.
Operators must have approval to use
later revisions of referenced documents.
If the phrase ‘‘or later revision’’ is not
modified, operators could comply with
a document containing changes that
have not been reviewed and approved
by TCCA, the FAA, or the design
approval organization (DAO) for Airbus
Canada to mitigate the unsafe condition.
The FAA has revised paragraph (h)(6) of
this AD to specify that later revisions
must be approved by the Manager, New
York ACO Branch, FAA; or TCCA; or
Airbus Canada’s TCCA Design Approval
Organization (DAO). If approved by the
DAO, the approval must include the
DAO-authorized signature.
Request To Incorporate Revised TCCA
AD Into Final Rule
DAL stated that TCCA has released a
Revision 01 to the TCCA AD CF–2020–
32, which specifies revised compliance
times and references revised service
information that contains information
for airplanes delivered with a new
configuration. DAL requested that the
proposed AD be revised to incorporate
the later revision instead of the original
TCCA AD CF–2020–32.
The FAA agrees to reference the later
revision as an optional method of
compliance. TCCA has issued TCCA AD
CF–2020–32R1, which extends the
repetitive inspection intervals for
airplanes on which the modification to
strengthen the support structure of the
aft WTBF has been accomplished. The
FAA has revised paragraphs (g), and
(h)(1) through (7) of this AD to reference
TCCA AD CF–2020–32R1 and has
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added and re-designated lower level
paragraphs in paragraph (h) of this AD.
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Request To Revise Cost Estimate
DAL requested that the FAA revise
the cost estimate to increase the number
of airplanes estimated to be affected by
the AD requirements. DAL pointed out
that the applicability statement in
paragraph (c) of the proposed AD
identified all Model BD–500–1A10 and
BD–500–1A11 airplanes as being
affected by the proposed requirements.
DAL stated that it has 48 of these
airplanes and is aware of another
operator taking delivery of these
airplanes, which is more than the 11
airplanes estimated in the Cost of
Compliance section of the NPRM.
The FAA agrees to revise the Cost of
Compliance section to increase the
number of airplanes estimated to be
affected by the requirements of this AD.
As of September 15, 2021, the database
that was used to provide the estimate for
the NPRM shows 54 U.S.-registered
airplanes that could be affected by this
AD, which supports DAL’s request. The
FAA has revised the cost estimate
accordingly.
Request To Revise AD To
Accommodate Operator Produced Part
With Improved Design
DAL requested an exception be added
to paragraph (h) of the AD to allow DAL
to use Airbus Canada service
information for inspection instructions.
DAL stated that, given that many of
their airplanes have had longeron
repairs or replacements after delivery
with components designed and made
under an owner-operator produced parts
(OOPP) process, it would not be able to
comply with the inspections due to a
statement in the service information that
excludes use of the service information
on airplanes that do not have systems
and parts that were installed at delivery
or as changed by a service bulletin. DAL
stated that until Airbus Canada
develops a WTBF configuration that
does not crack, it concurs with the
inspection requirement and wants to be
able to use the inspection instructions to
comply with the proposed AD.
The FAA disagrees. If an operator or
owner is unable to comply with
requirements due to an airplane
configuration that does not conform to
the configurations addressed by service
information, operators or owners must
request an alternative method of
compliance (AMOC) as specified in
paragraph (i)(1) of this AD. AMOC
requests should include sufficient data
to show that the proposed alternate
solution is complete and addresses the
unsafe condition. The FAA also does
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not consider it appropriate to include
various provisions or exceptions in an
AD applicable only to a single operator’s
unique circumstances. The FAA has not
changed this AD in this regard.
Request To Provide Alternative Repair
Instructions for Non-Standard
Configurations
DAL stated that it has installed
longerons that it designed and
manufactured under its OOPP program,
and is concerned about not being able
to acquire repair instructions as
instructed in the event that those certain
longerons are found to be cracked. DAL
has stated that Airbus Canada would not
be able to provide support for OOPP.
DAL pointed out that paragraph (i)(2) of
the proposed AD states that for any
requirement to obtain instructions from
a manufacturer, that it should use a
method approved by the Manager, New
York ACO Branch, FAA; or TCCA; or
Airbus Canada’s TCCA Design Approval
Organization (DAO). DAL proposed that
the proposed AD be revised to add an
exception that states that replacement of
damaged structural elements would be
acceptable in lieu of a repair.
The FAA disagrees with the request.
Paragraph (i)(2) provides for receiving
instructions from the Manager, New
York ACO Branch, FAA, or TCCA in
lieu of instructions from Airbus
Canada’s DAO if the DAO cannot
provide repair instructions. Also,
paragraph (i)(1) of this AD provides
procedures to request an AMOC to the
methods required to be used in this AD.
AMOCs are issued after an AD has been
issued and sufficient data has been
provided to show that the proposed
alternate solution is complete and
addresses the unsafe condition. The
FAA also does not consider it
appropriate to include various
provisions or exceptions in an AD
applicable only to a single operator’s
unique circumstances. The FAA has not
changed this AD in this regard.
Request To Revise Inspection Report
Requirement
DAL noted that paragraph (h)(6) of the
proposed AD specified reporting
requirements. DAL perceived reporting
requirements as a tool to be used mostly
to support efforts to understand
statistical probabilities of failure. DAL
then considered that reporting findings
in situations where the airplane
configuration deviates from the
configuration that the manufacturer is
analyzing is possibly disruptive to
prediction models, and suggested
revising the AD to exempt operators
from reporting in cases where the
affected parts have been previously
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repaired or replaced, particularly if it is
a non-conforming configuration.
The FAA does not agree to add an
exemption for airplanes on which an
affected part has been repaired or
replaced, even if it is not in a
configuration that conforms to a
manufacturer’s configuration. Reasons
to have a reporting requirement can
extend beyond statistical analysis for
fatigue or aging of a part, and
information from non-conforming
configurations can be beneficial in
determining a corrective action. The
FAA has not changed this AD regarding
this issue.
DAL also requested that the
compliance time for reporting
inspection results be extended from 30
days to 180 days after the inspection.
DAL considered the 30 days to be too
onerous considering how long heavy
maintenance visits take and that an
inspection could be conducted at the
start of the visit, but the paper records
might not be received until 60 days after
the inspection. DAL noted that an
extended time window will allow
findings to be batched together for a
group report and preclude undue
compliance issues related to late
reporting.
The FAA disagrees with the request.
TCCA specified 30 days and that aligns
with the FAA’s standardized
compliance time for inspection reports.
The FAA and Airbus Canada concur
with TCCA’s decision. The
manufacturer uses the reports to analyze
the findings and to develop new service
information that incorporates those
findings. However, once this AD is
published, any person may request
approval of an AMOC under the
provisions of paragraph (i)(1) of this AD.
The FAA has not changed this AD
regarding this issue.
Request To Remove Exception for No
Flights With Cracking
DAL requested that the proposed
exception in paragraph (h)(2) of the
proposed AD be removed. DAL
explained that both TCCA ADs CF–
2020–32 and CF–2020–32R1 state to
repair cracks or damage by using certain
service information, and that the steps
state that the damage is to be reported
to and dispositioned by Airbus Canada,
but no mention of any fly-on allowance
for documented crack or damage
findings.
The FAA disagrees with the request.
In both TCCA ADs CF–2020–32 and CF–
2020–32R1, there is no phrase that
specifically states that the repair is to be
done before further flight. Therefore,
operators might inadvertently determine
that the compliance times specified in
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both TCCA ADs CF–2020–32 and CF–
2020–32R1 are for both accomplishing
the inspections and repairs. The FAA
found it necessary to clarify that it does
not intend to allow flight with known
cracking. The FAA has not changed this
AD regarding this issue.
Request To Revise Description of Root
Cause
DAL requested that the Discussion
section of the NPRM be updated to
reflect new information on the number
of aft WTBF configurations. DAL
pointed out that the Discussion section
stated that ‘‘the cracking reportedly
begins earlier on airplanes with the
latest of the two aft WTBF
configurations.’’ DAL acknowledged
that the statement may have been true
at the time of drafting, but added that
the FAA should be informed that there
is a third WTBF configuration which
includes additional structure.
The FAA concurs with the request,
however the content of the Discussion
section of the NPRM is not repeated in
this AD.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety requires
adopting this AD as proposed. 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. Accordingly, the FAA is
issuing this AD to address the unsafe
condition on these products.
Related Service Information Under 1
CFR Part 51
TCCA ADs CF–2020–32 and CF–
2020–32R1 specify procedures for doing
repetitive detailed visual inspections of
the aft WTBF structure for any cracking
or damage (including, but not limited to,
66943
cracking), adjusting the load on the two
tie-rods at fuselage station (FS) 973,
reporting inspection results, and
repairing any cracked or damaged
WTBF structure. These documents are
unique because TCCA AD CF–2020–
32R1 includes revised compliance times
for certain airplanes. 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.
Interim Action
The FAA considers that this AD is an
interim action. If final action is later
identified, the FAA might consider
further rulemaking then.
Costs of Compliance
The FAA estimates that this AD
affects 54 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
9 work-hours × $85 per hour = $765 ..........................................................................................
$0
$765
$41,310
* Table does not include estimated costs for reporting.
The FAA estimates that it would take
about 1 work-hour per product to
comply with the reporting requirement
in this AD. The average labor rate is $85
per hour. Based on these figures, the
FAA estimates the cost of reporting on
U.S. operators to be $4,590, or $85 per
product.
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition repairs specified in
this AD.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
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All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
The FAA is issuing this rulemaking
under the authority described in
Subtitle VII, Part A, Subpart III, Section
44701: General requirements. Under
that section, Congress charges the FAA
with promoting safe flight of civil
aircraft in air commerce by prescribing
regulations for practices, methods, and
procedures the Administrator finds
necessary for safety in air commerce.
This regulation is within the scope of
that authority because it addresses an
unsafe condition that is likely to exist or
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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,
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Rules and Regulations
the FAA amends 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 adding
the following new airworthiness
directive:
■
2021–22–17 Airbus Canada Limited
Partnership (Type Certificate Previously
Held by C Series Aircraft Limited
Partnership (CSALP); Bombardier, Inc.):
Amendment 39–21790; Docket No.
FAA–2021–0201; Project Identifier
MCAI–2020–01346–T.
(a) Effective Date
This airworthiness directive (AD) is
effective December 29, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Canada
Limited Partnership (type certificate
previously held by C Series Aircraft Limited
Partnership (CSALP); Bombardier, Inc.)
Model BD–500–1A10 and BD–500–1A11
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report of
cracking in the longeron, frame, and tie-rod
on left and right sides of the aft wing-to-body
fairing (WTBF) structure near the tie-rod
attachment at fuselage station (FS) 973; this
cracking likely resulted from excessive tierod preload. The FAA is issuing this AD to
address such cracking, which could lead to
loss of aft WTBF integrity and result in
damage due to parts departing the airplane,
loss of the radio altimeter, and effects on
airplane stability and performance.
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(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 Civil
Aviation (TCCA) AD CF–2020–32, dated
September 25, 2020 (TCCA AD CF–2020–32);
or TCCA AD CF–2020–32R1, dated April 23,
2021 (TCCA AD CF–2020–32R1).
(h) Exceptions to TCCA AD CF–2020–32 and
TCCA AD CF–2020–32R1
(1) Where TCCA AD CF–2020–32 and
TCCA AD CF–2020–32R1 refer to its effective
date, this AD requires using the effective date
of this AD.
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16:07 Nov 23, 2021
Jkt 256001
(2) Where TCCA AD CF–2020–32R1 refers
to the effective date of TCCA AD CF–2020–
32 (October 9, 2020), this AD requires using
the effective date of this AD.
(3) Where paragraphs B. and E. of TCCA
AD CF–2020–32 and Part II and V of TCCA
AD CF–2020–32R1 specify to repair ‘‘any
cracks or damage’’ at certain compliance
times or intervals, this AD requires repairing
any cracks or damage before further flight.
(4) Where TCCA AD CF–2020–32 and
TCCA AD CF–2020–32R1 refer to hours air
time, this AD requires using flight hours.
(5) Where table 1 of TCCA AD CF–2020–
32 specifies a compliance time ‘‘for new
aeroplanes with an aeroplane date of
manufacture, as identified on the
identification plate of the aeroplane, dated on
or after the effective date of this AD’’ and
table 1 of TCCA AD CF–2020–32R1 specifies
a compliance time ‘‘for new aeroplanes with
an aeroplane date of manufacture, as
identified on the identification plate of the
aeroplane, dated on or after the effective date
of AD CF–2020–32 (9 October 2020),’’ for this
AD use ‘‘for airplanes with a date of
manufacture, as identified on the
identification plate of the airplane, dated on
or after the effective date of this AD.’’
(6) Where TCCA AD CF–2020–32 and
TCCA AD CF–2020–32R1 define the
‘‘applicable [aircraft maintenance
publication] AMP [data module] DM,’’
replace the text ‘‘Airbus Canada Limited
Partnership AMP DM BD500–A–J53–82–55–
04AAA–720A–A (Aft fairing strut, Wing To
Body Fairing (WTBF)—Install procedure)
Issue 006, dated 26 June 2020, or later
revisions,’’ with the ‘‘Airbus Canada Limited
Partnership AMP DM BD500–A–J53–82–55–
04AAA–720A–A (Aft fairing strut, Wing To
Body Fairing (WTBF)—Install procedure)
Issue 006, dated 26 June 2020; or later
revisions approved by the Manager, New
York ACO Branch, FAA, or TCCA, or Airbus
Canada’s TCCA Design Approval
Organization (DAO). If approved by the DAO,
the approval must include the DAOauthorized signature.’’
(7) Paragraph D. of TCCA AD CF–2020–32
and Part IV of TCCA AD CF–2020–32R1
specify to report inspection results to Airbus
Canada Limited Partnership within a certain
compliance time. For this AD, report
inspection results at the applicable time
specified in paragraph (h)(7)(i) or (ii) of this
AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, 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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; tax 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 TCCA; or Airbus Canada’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature.
(3) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this
burden to Information Collection Clearance
Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX
76177–1524.
(j) Related Information
For more information about this AD,
contact Antariksh Shetty, Aerospace
Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7300; fax 516–794–5531;
email 9-avs-nyaco-cos@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Transport Canada Civil Aviation (TCCA)
AD CF–2020–32, dated September 25, 2020
(TCCA AD CF–2020–32).
(ii) Transport Canada Civil Aviation
(TCCA) AD CF–2020–32R1, dated April 23,
2021 (TCCA AD CF–2020–32R1).
(3) For TCCA AD CF–2020–32 and TCCA
AD CF–2020–32R1, contact Transport
Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5,
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Rules and Regulations
Canada; telephone 888–663–3639; email ADCN@tc.gc.ca; internet https://tc.canada.ca/
en/aviation.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on October 19, 2021.
Ross Landes,
Deputy Director for Regulatory Operations,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–25532 Filed 11–23–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Examining the AD Docket
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0545; Project
Identifier MCAI–2021–00071–T; Amendment
39–21791; AD 2021–22–18]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Airbus SAS Model A350–941 and –1041
airplanes. This AD was prompted by a
report of a broken forward guide arm
found during a passenger door
emergency opening test. Investigation
results indicated that the opening speed
of the door was higher than expected,
likely caused by a reduced damping due
to oil leakage of the passenger door
damper emergency opening actuator
(DEOA). This AD requires repetitively
replacing certain forward and aft guide
arms on the passenger door, inspecting
the forward and aft guide arm support
brackets for damage, modifying certain
DEOAs, and repairing damage if
necessary, and also provides an optional
terminating action for the repetitive
replacements, as specified in a
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:07 Nov 23, 2021
Jkt 256001
This AD is effective December
29, 2021.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of December 29, 2021.
ADDRESSES: For material incorporated
by reference (IBR) in this AD, contact
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.
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
and locating Docket No. FAA–2021–
0545.
DATES:
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0545; 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.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International
Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone
and fax 206–231–3225; email
dan.rodina@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2021–0085,
dated March 19, 2021 (EASA AD 2021–
0085) (also referred to as the Mandatory
Continuing Airworthiness Information,
or the MCAI), to correct an unsafe
condition for all Airbus SAS Model
A350–941 and –1041 airplanes. EASA
AD 2021–0085 superseded EASA AD
2021–0018, dated January 15, 2021.
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 SAS Model A350–
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
66945
941 and –1041 airplanes. The NPRM
published in the Federal Register on
July 6, 2021 (86 FR 35413). The NPRM
was prompted by a report of a broken
forward guide arm found during a
passenger door emergency opening test.
Investigation results indicated that the
opening speed of the door was higher
than expected, likely caused by a
reduced damping due to oil leakage of
the passenger door DEOA. The NPRM
proposed to require repetitively
replacing certain forward and aft guide
arms on the passenger door, inspecting
the forward and aft guide arm support
brackets for damage, modifying certain
DEOAs, and repairing damage if
necessary, and also proposed to provide
an optional terminating action for the
repetitive replacements, as specified in
EASA AD 2021–0085.
The FAA is issuing this AD to address
failure of a passenger door to perform its
intended function during an emergency
opening, which could result in reduced
evacuation capacity from the airplane
and injury to occupants. See the MCAI
for additional background information.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
one commenter. The following presents
the comments received on the NPRM
and the FAA’s response to each
comment.
Request To Add Exceptions to MCAI
Specifications
Delta Air Lines Inc. (DAL) asked that
the FAA add a new exception paragraph
to the proposed AD to allow the
replacement of DEOA part number (P/N)
FE396001001 with DEOA P/N
FE396001004, FE396001005, or
FE396001006 (or later model), in
addition to DEOA P/N FE396001003
currently included in the instructions.
DAL stated that the RC (required for
compliance) instructions appear to limit
operators to install only P/N
FE396001003. DAL sent in a request for
clarification from Airbus in which
Airbus clarified that DEOA P/N
FE396001001 can be replaced with
DEOA P/N FE396001003, FE396001004,
FE396001005, or FE396001006, since P/
Ns FE396001003, FE396001004,
FE396001005, and FE396001006 are
interchangeable.
The FAA agrees with the commenter’s
request, for the reasons provided. The
FAA has added the exception in
paragraph (h)(6) of this AD.
DAL also asked that the FAA add
another new exception paragraph to the
proposed AD, as follows: ‘‘For this AD,
E:\FR\FM\24NOR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Rules and Regulations]
[Pages 66940-66945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25532]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0201; Project Identifier MCAI-2020-01346-T;
Amendment 39-21790; AD 2021-22-17]
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.
-----------------------------------------------------------------------
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 a report of cracking in certain
components on left and right sides of the aft wing-to-body fairing
(WTBF) structure near the tie-rod attachment at a certain fuselage
station; this cracking likely resulted from excessive tie-rod preload.
This AD requires inspecting the aft WTBF structure for any cracking or
damage, adjusting the load on the two tie-rods at a certain fuselage
station, and repair if necessary, as specified in two Transport Canada
Civil Aviation (TCCA) ADs, which are incorporated by reference. The FAA
is issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective December 29, 2021.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 29,
2021.
ADDRESSES: For TCCA material incorporated by reference (IBR) in this
AD, contact the TCCA, Transport Canada National Aircraft Certification,
159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-
663-3639; email [email protected]; internet https://tc.canada.ca/en/aviation. You
[[Page 66941]]
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 https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0201.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0201; 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
two TCCA ADs, 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.
FOR FURTHER INFORMATION CONTACT: Antariksh Shetty, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-
794-5531; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The TCCA, which is the aviation authority for Canada, has issued
TCCA AD CF-2020-32, dated September 25, 2020 (TCCA AD CF-2020-32), to
correct an unsafe condition for all Airbus Canada Limited Partnership
Model BD-500-1A10 and BD-500-1A11 airplanes.
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 published in the Federal Register on April 1, 2021 (86 FR 17087).
The NPRM was prompted by a report of cracking in certain components on
left and right sides of the aft WTBF structure near the tie-rod
attachment at a certain fuselage station; this cracking likely resulted
from excessive tie-rod preload. The NPRM proposed to require inspecting
the aft WTBF structure for any cracking or damage, adjusting the load
on the two tie-rods at a certain fuselage station, and repair if
necessary, as specified in TCCA AD CF-2020-32.
Since the NPRM was issued, the TCCA has issued TCCA AD CF-2020-
32R1, dated April 23, 2021 (TCCA AD CF-2020-32R1), which provides
extended compliance times for airplanes on which a certain WTBF
reinforcement modification has been accomplished. The applicability of
TCCA AD CF-2020-32R1 is the same as in TCCA AD CF-2020-32; therefore,
there is no change to the applicability of this AD. In addition, TCCA
AD CF-2020-32R1 does not add any new requirements; the change to the
compliance time is relieving. Operators can address the unsafe
condition identified in this AD by accomplishing the actions specified
in either TCCA AD CF-2020-32 or TCCA AD CF-2020-32R1.
The FAA is issuing this AD to address such cracking, which could
lead to loss of aft WTBF integrity and result in damage due to parts
departing the airplane, loss of the radio altimeter, and effects on
airplane stability and performance. See TCCA ADs CF-2020-32 and CF-
2020-32R1 for additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from two commenters, including Airbus
Canada Limited Partnership (Airbus Canada) and Delta Air Lines (DAL).
Additionally, on July 20, 2021, the FAA, Airbus Canada, and DAL had a
meeting to clarify some of DAL's comments. A record of that meeting can
be found in the docket for this final rule. The following presents the
comments received on the NPRM and the FAA's response to each comment.
Request for Clarification of ``approved'' as Used in ``later-approved
revision''
Airbus Canada requested clarification on the use of ``approved'' in
``later-approved revision'' stated in paragraph (h)(5) of the proposed
AD. Airbus Canada pointed out that the referenced document is not an
approved document and is not listed on the TCCA or FAA type certificate
data sheet as an approved publication. Airbus Canada stated that it
found that the phrase seemed to imply authority involvement in
approving that document, but TCCA's involvement, per Canadian
regulations, is to find whether implementation of that document is
appropriate and sufficient to rectify an unsafe condition.
DAL stated that including ``approved'' in the phrase ``or later
approved revisions'' changes the definition of ``applicable [aircraft
maintenance publication] AMP [data module] DM'' as provided in the TCCA
AD CF-2020-32. DAL stated that the aircraft maintenance publication is
an FAA-accepted document, not an FAA-approved document. DAL requested
that if the FAA retains ``or later approved revision,'' that the FAA
then provide its approval of Issue 006 of the document in the final
rue. DAL also stated that if Airbus Canada revises the document,
operators are not generally aware of corresponding changes to data
modules, and operators would not be able to use the later revision
without FAA approval and would not be able to do the inspection.
The FAA agrees to clarify. The FAA does not have jurisdiction over
TCCA regulatory requirements. However, U.S. operators must follow FAA
requirements and regulations for compliance with FAA ADs. For the
purposes of this AD, Airbus Canada Limited Partnership AMP DM BD500-A-
J53-82-55-04AAA-720A-A (Aft fairing strut, Wing To Body Fairing
(WTBF)--Install procedure) Issue 006, dated June 26, 2020, is the
approved version specified in TCCA AD CF-2020-32 and TCCA AD CF-2020-
32R1. Operators must have approval to use later revisions of referenced
documents. If the phrase ``or later revision'' is not modified,
operators could comply with a document containing changes that have not
been reviewed and approved by TCCA, the FAA, or the design approval
organization (DAO) for Airbus Canada to mitigate the unsafe condition.
The FAA has revised paragraph (h)(6) of this AD to specify that later
revisions must be approved by the Manager, New York ACO Branch, FAA; or
TCCA; or Airbus Canada's TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.
Request To Incorporate Revised TCCA AD Into Final Rule
DAL stated that TCCA has released a Revision 01 to the TCCA AD CF-
2020-32, which specifies revised compliance times and references
revised service information that contains information for airplanes
delivered with a new configuration. DAL requested that the proposed AD
be revised to incorporate the later revision instead of the original
TCCA AD CF-2020-32.
The FAA agrees to reference the later revision as an optional
method of compliance. TCCA has issued TCCA AD CF-2020-32R1, which
extends the repetitive inspection intervals for airplanes on which the
modification to strengthen the support structure of the aft WTBF has
been accomplished. The FAA has revised paragraphs (g), and (h)(1)
through (7) of this AD to reference TCCA AD CF-2020-32R1 and has
[[Page 66942]]
added and re-designated lower level paragraphs in paragraph (h) of this
AD.
Request To Revise Cost Estimate
DAL requested that the FAA revise the cost estimate to increase the
number of airplanes estimated to be affected by the AD requirements.
DAL pointed out that the applicability statement in paragraph (c) of
the proposed AD identified all Model BD-500-1A10 and BD-500-1A11
airplanes as being affected by the proposed requirements. DAL stated
that it has 48 of these airplanes and is aware of another operator
taking delivery of these airplanes, which is more than the 11 airplanes
estimated in the Cost of Compliance section of the NPRM.
The FAA agrees to revise the Cost of Compliance section to increase
the number of airplanes estimated to be affected by the requirements of
this AD. As of September 15, 2021, the database that was used to
provide the estimate for the NPRM shows 54 U.S.-registered airplanes
that could be affected by this AD, which supports DAL's request. The
FAA has revised the cost estimate accordingly.
Request To Revise AD To Accommodate Operator Produced Part With
Improved Design
DAL requested an exception be added to paragraph (h) of the AD to
allow DAL to use Airbus Canada service information for inspection
instructions. DAL stated that, given that many of their airplanes have
had longeron repairs or replacements after delivery with components
designed and made under an owner-operator produced parts (OOPP)
process, it would not be able to comply with the inspections due to a
statement in the service information that excludes use of the service
information on airplanes that do not have systems and parts that were
installed at delivery or as changed by a service bulletin. DAL stated
that until Airbus Canada develops a WTBF configuration that does not
crack, it concurs with the inspection requirement and wants to be able
to use the inspection instructions to comply with the proposed AD.
The FAA disagrees. If an operator or owner is unable to comply with
requirements due to an airplane configuration that does not conform to
the configurations addressed by service information, operators or
owners must request an alternative method of compliance (AMOC) as
specified in paragraph (i)(1) of this AD. AMOC requests should include
sufficient data to show that the proposed alternate solution is
complete and addresses the unsafe condition. The FAA also does not
consider it appropriate to include various provisions or exceptions in
an AD applicable only to a single operator's unique circumstances. The
FAA has not changed this AD in this regard.
Request To Provide Alternative Repair Instructions for Non-Standard
Configurations
DAL stated that it has installed longerons that it designed and
manufactured under its OOPP program, and is concerned about not being
able to acquire repair instructions as instructed in the event that
those certain longerons are found to be cracked. DAL has stated that
Airbus Canada would not be able to provide support for OOPP. DAL
pointed out that paragraph (i)(2) of the proposed AD states that for
any requirement to obtain instructions from a manufacturer, that it
should use a method approved by the Manager, New York ACO Branch, FAA;
or TCCA; or Airbus Canada's TCCA Design Approval Organization (DAO).
DAL proposed that the proposed AD be revised to add an exception that
states that replacement of damaged structural elements would be
acceptable in lieu of a repair.
The FAA disagrees with the request. Paragraph (i)(2) provides for
receiving instructions from the Manager, New York ACO Branch, FAA, or
TCCA in lieu of instructions from Airbus Canada's DAO if the DAO cannot
provide repair instructions. Also, paragraph (i)(1) of this AD provides
procedures to request an AMOC to the methods required to be used in
this AD. AMOCs are issued after an AD has been issued and sufficient
data has been provided to show that the proposed alternate solution is
complete and addresses the unsafe condition. The FAA also does not
consider it appropriate to include various provisions or exceptions in
an AD applicable only to a single operator's unique circumstances. The
FAA has not changed this AD in this regard.
Request To Revise Inspection Report Requirement
DAL noted that paragraph (h)(6) of the proposed AD specified
reporting requirements. DAL perceived reporting requirements as a tool
to be used mostly to support efforts to understand statistical
probabilities of failure. DAL then considered that reporting findings
in situations where the airplane configuration deviates from the
configuration that the manufacturer is analyzing is possibly disruptive
to prediction models, and suggested revising the AD to exempt operators
from reporting in cases where the affected parts have been previously
repaired or replaced, particularly if it is a non-conforming
configuration.
The FAA does not agree to add an exemption for airplanes on which
an affected part has been repaired or replaced, even if it is not in a
configuration that conforms to a manufacturer's configuration. Reasons
to have a reporting requirement can extend beyond statistical analysis
for fatigue or aging of a part, and information from non-conforming
configurations can be beneficial in determining a corrective action.
The FAA has not changed this AD regarding this issue.
DAL also requested that the compliance time for reporting
inspection results be extended from 30 days to 180 days after the
inspection. DAL considered the 30 days to be too onerous considering
how long heavy maintenance visits take and that an inspection could be
conducted at the start of the visit, but the paper records might not be
received until 60 days after the inspection. DAL noted that an extended
time window will allow findings to be batched together for a group
report and preclude undue compliance issues related to late reporting.
The FAA disagrees with the request. TCCA specified 30 days and that
aligns with the FAA's standardized compliance time for inspection
reports. The FAA and Airbus Canada concur with TCCA's decision. The
manufacturer uses the reports to analyze the findings and to develop
new service information that incorporates those findings. However, once
this AD is published, any person may request approval of an AMOC under
the provisions of paragraph (i)(1) of this AD. The FAA has not changed
this AD regarding this issue.
Request To Remove Exception for No Flights With Cracking
DAL requested that the proposed exception in paragraph (h)(2) of
the proposed AD be removed. DAL explained that both TCCA ADs CF-2020-32
and CF-2020-32R1 state to repair cracks or damage by using certain
service information, and that the steps state that the damage is to be
reported to and dispositioned by Airbus Canada, but no mention of any
fly-on allowance for documented crack or damage findings.
The FAA disagrees with the request. In both TCCA ADs CF-2020-32 and
CF-2020-32R1, there is no phrase that specifically states that the
repair is to be done before further flight. Therefore, operators might
inadvertently determine that the compliance times specified in
[[Page 66943]]
both TCCA ADs CF-2020-32 and CF-2020-32R1 are for both accomplishing
the inspections and repairs. The FAA found it necessary to clarify that
it does not intend to allow flight with known cracking. The FAA has not
changed this AD regarding this issue.
Request To Revise Description of Root Cause
DAL requested that the Discussion section of the NPRM be updated to
reflect new information on the number of aft WTBF configurations. DAL
pointed out that the Discussion section stated that ``the cracking
reportedly begins earlier on airplanes with the latest of the two aft
WTBF configurations.'' DAL acknowledged that the statement may have
been true at the time of drafting, but added that the FAA should be
informed that there is a third WTBF configuration which includes
additional structure.
The FAA concurs with the request, however the content of the
Discussion section of the NPRM is not repeated in this AD.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety requires adopting this AD as
proposed. 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.
Accordingly, the FAA is issuing this AD to address the unsafe condition
on these products.
Related Service Information Under 1 CFR Part 51
TCCA ADs CF-2020-32 and CF-2020-32R1 specify procedures for doing
repetitive detailed visual inspections of the aft WTBF structure for
any cracking or damage (including, but not limited to, cracking),
adjusting the load on the two tie-rods at fuselage station (FS) 973,
reporting inspection results, and repairing any cracked or damaged WTBF
structure. These documents are unique because TCCA AD CF-2020-32R1
includes revised compliance times for certain airplanes. 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.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Costs of Compliance
The FAA estimates that this AD affects 54 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765........................... $0 $765 $41,310
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.
The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this AD. The average labor
rate is $85 per hour. Based on these figures, the FAA estimates the
cost of reporting on U.S. operators to be $4,590, or $85 per product.
The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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,
[[Page 66944]]
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:
2021-22-17 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-21790; Docket No. FAA-2021-0201;
Project Identifier MCAI-2020-01346-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 29,
2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Airbus Canada Limited Partnership (type
certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by a report of cracking in the longeron,
frame, and tie-rod on left and right sides of the aft wing-to-body
fairing (WTBF) structure near the tie-rod attachment at fuselage
station (FS) 973; this cracking likely resulted from excessive tie-
rod preload. The FAA is issuing this AD to address such cracking,
which could lead to loss of aft WTBF integrity and result in damage
due to parts departing the airplane, loss of the radio altimeter,
and effects on airplane stability and performance.
(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 Civil Aviation (TCCA) AD CF-2020-
32, dated September 25, 2020 (TCCA AD CF-2020-32); or TCCA AD CF-
2020-32R1, dated April 23, 2021 (TCCA AD CF-2020-32R1).
(h) Exceptions to TCCA AD CF-2020-32 and TCCA AD CF-2020-32R1
(1) Where TCCA AD CF-2020-32 and TCCA AD CF-2020-32R1 refer to
its effective date, this AD requires using the effective date of
this AD.
(2) Where TCCA AD CF-2020-32R1 refers to the effective date of
TCCA AD CF-2020-32 (October 9, 2020), this AD requires using the
effective date of this AD.
(3) Where paragraphs B. and E. of TCCA AD CF-2020-32 and Part II
and V of TCCA AD CF-2020-32R1 specify to repair ``any cracks or
damage'' at certain compliance times or intervals, this AD requires
repairing any cracks or damage before further flight.
(4) Where TCCA AD CF-2020-32 and TCCA AD CF-2020-32R1 refer to
hours air time, this AD requires using flight hours.
(5) Where table 1 of TCCA AD CF-2020-32 specifies a compliance
time ``for new aeroplanes with an aeroplane date of manufacture, as
identified on the identification plate of the aeroplane, dated on or
after the effective date of this AD'' and table 1 of TCCA AD CF-
2020-32R1 specifies a compliance time ``for new aeroplanes with an
aeroplane date of manufacture, as identified on the identification
plate of the aeroplane, dated on or after the effective date of AD
CF-2020-32 (9 October 2020),'' for this AD use ``for airplanes with
a date of manufacture, as identified on the identification plate of
the airplane, dated on or after the effective date of this AD.''
(6) Where TCCA AD CF-2020-32 and TCCA AD CF-2020-32R1 define the
``applicable [aircraft maintenance publication] AMP [data module]
DM,'' replace the text ``Airbus Canada Limited Partnership AMP DM
BD500-A-J53-82-55-04AAA-720A-A (Aft fairing strut, Wing To Body
Fairing (WTBF)--Install procedure) Issue 006, dated 26 June 2020, or
later revisions,'' with the ``Airbus Canada Limited Partnership AMP
DM BD500-A-J53-82-55-04AAA-720A-A (Aft fairing strut, Wing To Body
Fairing (WTBF)--Install procedure) Issue 006, dated 26 June 2020; or
later revisions approved by the Manager, New York ACO Branch, FAA,
or TCCA, or Airbus Canada's TCCA Design Approval Organization (DAO).
If approved by the DAO, the approval must include the DAO-authorized
signature.''
(7) Paragraph D. of TCCA AD CF-2020-32 and Part IV of TCCA AD
CF-2020-32R1 specify to report inspection results to Airbus Canada
Limited Partnership within a certain compliance time. For this AD,
report inspection results at the applicable time specified in
paragraph (h)(7)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, 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 York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; tax 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 TCCA; or Airbus Canada's TCCA Design Approval
Organization (DAO). If approved by the DAO, the approval must
include the DAO-authorized signature.
(3) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
(j) Related Information
For more information about this AD, contact Antariksh Shetty,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; fax 516-794-5531; email [email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Transport Canada Civil Aviation (TCCA) AD CF-2020-32, dated
September 25, 2020 (TCCA AD CF-2020-32).
(ii) Transport Canada Civil Aviation (TCCA) AD CF-2020-32R1,
dated April 23, 2021 (TCCA AD CF-2020-32R1).
(3) For TCCA AD CF-2020-32 and TCCA AD CF-2020-32R1, contact
Transport Canada National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5,
[[Page 66945]]
Canada; telephone 888-663-3639; email [email protected]; internet
https://tc.canada.ca/en/aviation.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on October 19, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-25532 Filed 11-23-21; 8:45 am]
BILLING CODE 4910-13-P
