Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 66940-66945 [2021-25532]

Download as PDF 66940 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. khammond on DSKJM1Z7X2PROD with RULES (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: VerDate Sep<11>2014 16:07 Nov 23, 2021 Jkt 256001 (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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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: E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Rules and Regulations 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: khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:07 Nov 23, 2021 Jkt 256001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24NOR1.SGM 24NOR1 66942 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Rules and Regulations added and re-designated lower level paragraphs in paragraph (h) of this AD. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:07 Nov 23, 2021 Jkt 256001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:07 Nov 23, 2021 Jkt 256001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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, E:\FR\FM\24NOR1.SGM 24NOR1 66944 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. khammond on DSKJM1Z7X2PROD with RULES (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. VerDate Sep<11>2014 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, E:\FR\FM\24NOR1.SGM 24NOR1 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 24NOR1

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