Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 50560-50563 [2022-17789]

Download as PDF 50560 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Rules and Regulations determining which specific users see digital advertisements, such as by determining or suggesting which users are the appropriate audience for advertisements, the digital marketer does not fall within the ‘‘time or space’’ exception and is typically a service provider under the CFPA. Determining which users are the appropriate audience for a particular covered person’s advertisement is well beyond providing airtime or physical space. To the contrary, determining the appropriate audience is much more similar to the function traditionally performed by a covered person’s own customer acquisition or marketing group than by a traditional media source. Indeed, identifying or selecting prospective customers for a covered person’s business is similar to the function of a ‘‘lead generator’’ that would be considered a service provider under the CFPA. Accordingly, digital marketers that, for example, determine or suggest which users are the appropriate audience for advertisements are materially involved in the development of content strategy, do not fall under the ‘‘time or space’’ exception, and are typically service providers under the CFPA. JSPEARS on DSK121TN23PROD with RULES III. Regulatory Matters This is an interpretive rule issued under the Bureau’s authority to interpret the CFPA, including under section 1022(b)(1) of the CFPA, which authorizes guidance as may be necessary or appropriate to enable the Bureau to administer and carry out the purposes and objectives of Federal consumer financial laws, such as the CFPA.28 As an interpretive rule, this rule is exempt from the notice-and-comment rulemaking requirements of the Administrative Procedure Act.29 Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.30 The Bureau also has determined that this interpretive rule does not impose any new or revise any existing recordkeeping, reporting, or disclosure requirements on covered entities or members of the public that would be collections of information requiring approval by the Office of Management and Budget under the Paperwork Reduction Act.31 28 12 U.S.C. 5512(b)(1). U.S.C. 553(b). 30 5 U.S.C. 603(a), 604(a). 31 44 U.S.C. 3501–3521. 29 5 VerDate Sep<11>2014 16:10 Aug 16, 2022 Pursuant to the Congressional Review Act,32 the Bureau will submit a report containing this interpretive rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to the rule’s published effective date. The Office of Information and Regulatory Affairs has designated this interpretive rule as not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Rohit Chopra, Director, Consumer Financial Protection Bureau. [FR Doc. 2022–17699 Filed 8–16–22; 8:45 am] BILLING CODE 4810–AM–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0990; Project Identifier MCAI–2022–00372–T; Amendment 39–22137; AD 2022–16–08] 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; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500– 1A11 airplanes. This AD was prompted by a dual-engine automatic shutdown on landing. This AD requires revising the existing airplane flight manual (AFM) to incorporate a new normal procedure and revised non-normal procedures, as specified in a Transport Canada Civil Aviation (TCCA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD becomes effective September 1, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 1, 2022. The FAA must receive comments on this AD by October 3, 2022. ADDRESSES: You may send comments, using the procedures found in 14 CFR SUMMARY: 32 5 Jkt 256001 PO 00000 U.S.C. 801 et seq. Frm 00008 Fmt 4700 Sfmt 4700 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For material incorporated by reference (IBR) in this AD, contact TCCA, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email ADCN@tc.gc.ca; internet tc.canada.ca/en/ aviation. You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231– 3195. It is also available in the AD docket at www.regulations.gov by searching for and locating Docket No. FAA–2022–0990. Examining the AD Docket You may examine the AD docket at www.regulations.gov by searching for and locating Docket No. FAA–2022– 0990; 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 AD, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2022–0990; Project Identifier MCAI–2022–00372–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Rules and Regulations The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. JSPEARS on DSK121TN23PROD with RULES Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background TCCA, which is the aviation authority for Canada, has issued TCCA AD CF– 2022–11, dated March 17, 2022 (TCCA AD CF–2022–11) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500–1A11 airplanes. TCCA AD CF– 2022–11 supersedes TCCA AD CF– 2021–44, dated December 2, 2021. This AD was prompted by a dualengine automatic shutdown on landing experienced by a Model BD–500–1A11 airplane. The crew successfully stopped the airplane with degraded systems and functions. An investigation is ongoing to determine the root cause, but preliminary findings of this event indicate that erroneous uncontrolled high thrust (UHT) detection can occur VerDate Sep<11>2014 16:10 Aug 16, 2022 Jkt 256001 above 16,000 feet when the thrust lever is manually and abruptly 1 moved towards the idle position. Based on the preliminary findings from the ongoing investigation, and as a result of extensive subsequent communication with TCCA and Airbus Canada to determine the extent and urgency of the identified unsafe condition, the FAA is issuing this AD, which corresponds to TCCA AD CF–2022–11. TCCA AD CF– 2022–11 is an interim action that includes revising the existing AFM by incorporating new AFM operating procedures to mitigate any UHT event— which can result in, for example, stall on the runway or loss of braking on landing—that may occur until the investigation is complete. The FAA is issuing this AD to address an erroneous UHT detection in flight, which would result in engine shutdown on landing with or without indications or crew alerting system messages displayed before landing, and, in the case of an automatic dual-engine shutdown upon landing, could result in loss of braking, loss of control of the airplane, and a runway excursion. See the MCAI for additional background information. Related Service Information Under 1 CFR Part 51 TCCA AD CF–2022–11 specifies procedures for revising the existing AFM to incorporate a new normal procedure for low-altitude descent check (below 16,000 feet) and revised non-normal procedures for ‘‘L THROTTLE FAIL’’ and ‘‘R THROTTLE FAIL.’’ These procedures, which are specified in paragraph D of TCCA AD CF–2022–11, replace the interim procedures introduced by TCCA AD CF–2021–44; those interim procedures are specified in paragraphs A and B of TCCA AD CF–2022–11. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI described above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or 1 See definition of abrupt throttle movement in Figure 1 of TCCA AD CF–2022–11. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 50561 develop on other products of these same type designs. Requirements of This AD This AD requires accomplishing actions specified in paragraph D of TCCA AD CF–2022–11 described previously. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, TCCA AD CF–2022– 11 is incorporated by reference in this AD. This AD requires compliance with certain actions in TCCA AD CF–2022– 11 through that incorporation. Service information required by TCCA AD CF– 2022–11 for compliance will be available at www.regulations.gov by searching for and locating Docket No. FAA–2022–0990 after this AD is published. FAA’s Justification and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because an erroneous UHT detection in flight would result in engine shutdown on landing with or without indications or CAS messages displayed before landing. An automatic dual-engine shutdown upon landing could result in loss of braking, loss of control of the airplane, and a runway excursion. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the E:\FR\FM\17AUR1.SGM 17AUR1 50562 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Rules and Regulations public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 69 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 1 work-hour × $85 per hour = $85 .............................................................................................. $0 $85 $5,865 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, and (2) Will not affect intrastate aviation in Alaska. JSPEARS on DSK121TN23PROD with RULES 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, VerDate Sep<11>2014 16:10 Aug 16, 2022 Jkt 256001 the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2022–16–08 Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): Amendment 39–22137; Docket No. FAA–2022–0990; Project Identifier MCAI–2022–00372–T. (a) Effective Date This airworthiness directive (AD) is effective September 1, 2022. (b) Affected ADs None. (c) Applicability This AD applies to 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, as identified in Transport Canada Civil Aviation (TCCA) AD CF–2022–11, dated March 17, 2022 (TCCA AD CF–2022–11). (d) Subject Air Transport Association (ATA) of America Code 72, Turbine/turboprop engine. (e) Unsafe Condition This AD was prompted by a report of a dual-engine automatic shutdown on landing. The FAA is issuing this AD to address an erroneous uncontrolled high thrust detection in flight, which would result in engine shutdown on landing with or without indications or crew alerting system messages displayed before landing, and, in the case of an automatic dual-engine shutdown upon landing, could result in loss of braking, loss of control of the airplane, and a runway excursion. Frm 00010 Fmt 4700 Within 120 days from the effective date of this AD, revise the existing airplane flight manual (AFM) in accordance with paragraph D of TCCA AD CF–2022–11. (h) Additional AD Provisions 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ PO 00000 Comply with this AD within the compliance times specified, unless already done. (g) Requirements 1. The authority citation for part 39 continues to read as follows: ■ § 39.13 (f) Compliance Sfmt 4700 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. 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 Limited Partnership’s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAOauthorized signature. (i) Related Information For more information about this AD, contact Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avs-nyacocos@faa.gov. (j) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this E:\FR\FM\17AUR1.SGM 17AUR1 Federal Register / Vol. 87, No. 158 / Wednesday, August 17, 2022 / Rules and Regulations 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–2022–11, dated March 17, 2022. (ii) [Reserved] (3) For TCCA AD CF–2022–11, contact 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 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 www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on July 29, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–17789 Filed 8–15–22; 4:15 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2021–1043; Airspace Docket No. 21–ACE–4] RIN 2120–AA66 Amendment of Jet Routes J–82 and J– 94; Extension of Area Navigation (RNAV) Route Q–122; Amendment of VOR Federal Airways V–100, V–138, V– 456, and V–505; Removal of VOR Federal Airway V–462; and Removal of the Fort Dodge, IA, Domestic Low Altitude Reporting Point; in the Vicinity of Fort Dodge, IA Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action amends Jet Routes J–82 and J–94, RNAV route Q–122, and VOR Federal airways V–100, V–138, V– 456, and V–505; and removes VOR Federal airway V–462 and the Fort Dodge, IA, Domestic Low Altitude Reporting Point. This action is necessary due to the planned decommissioning of the VOR portion of the Fort Dodge, IA, VOR/Tactical Air Navigation (VORTAC), which provides navigation guidance to portions of the JSPEARS on DSK121TN23PROD with RULES SUMMARY: VerDate Sep<11>2014 16:10 Aug 16, 2022 Jkt 256001 affected Air Traffic Service (ATS) routes. The Fort Dodge VOR is being decommissioned as part of the FAA’s VOR Minimum Operational Network (VOR MON) program. DATES: Effective date 0901 UTC, November 3, 2022. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments. ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_ traffic/publications/. For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Colby Abbott, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies the route structure as necessary to preserve the safe and efficient flow of air traffic within the National Airspace System. History The FAA published a notice of proposed rulemaking for Docket No. FAA–2021–1043, in the Federal Register (86 FR 70780; December 13, 2021) amending Jet Routes J–82 and J– 94, RNAV route Q–122, and VOR Federal airways V–100, V–138, V–456, and V–505; and removing VOR Federal airway V–462 and the Fort Dodge, IA, Domestic Low Altitude Reporting Point, due to the planned decommissioning of the VOR portion of the Fort Dodge, IA, VORTAC. The FAA invited interested parties to participate in this rulemaking effort by submitting written comments PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 50563 on the proposal. No comments were received. United States Jet Routes, RNAV Qroutes, VOR Federal airways, and Domestic Low Altitude Reporting points are published in paragraphs 2004, 2006, 6010(a), and 7001, respectively, of FAA Order JO 7400.11F, dated August 10, 2021, and effective September 15, 2021, which are incorporated by reference in 14 CFR 71.1. The ATS routes listed in this document will be published subsequently in FAA Order JO 7400.11. Differences From the NPRM In the NPRM, the FAA proposed to remove the BEARR, UT, Fix and the O’Neil, NE (ONL), VORTAC from the Q– 122 legal description, indicating the route points were on straight segments of the existing route and were not necessary to be included in the route description. However, although the BEARR, UT, Fix and the O’Neill, NE, VORTAC route points were proposed to be removed from the Q–122 legal description, both were being retained within the NAS and would continue to be charted. Subsequent to the NPRM, the FAA has determined that the route points do in fact represent turn points of one degree or more on the route and are required in the Q–122 route description to retain the existing route structure. Therefore, the FAA is keeping the BEARR, UT, Fix and the O’Neill, NE, VORTAC route points in the Q–122 route description. Availability and Summary of Documents for Incorporation by Reference This document amends FAA Order JO 7400.11F, Airspace Designations and Reporting Points, dated August 10, 2021, and effective September 15, 2021. FAA Order JO 7400.11F is publicly available as listed in the ADDRESSES section of this document. FAA Order JO 7400.11F lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. The Rule This action amends 14 CFR part 71 by amending Jet Routes J–82 and J–94, RNAV route Q–122, and VOR Federal airways V–100, V–138, V–456, and V– 505; and removes VOR Federal Airway V–462 and the Fort Dodge, IA, reporting point. The ATS route and reporting point amendments are described below. J–82: J–82 extends between the Battle Ground, WA, VORTAC and the Goshen, IN, VORTAC. The route segment between the Sioux Falls, SD, VORTAC and the Dubuque, IA, VORTAC is E:\FR\FM\17AUR1.SGM 17AUR1

Agencies

[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Rules and Regulations]
[Pages 50560-50563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17789]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T; 
Amendment 39-22137; AD 2022-16-08]
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; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a dual-engine automatic 
shutdown on landing. This AD requires revising the existing airplane 
flight manual (AFM) to incorporate a new normal procedure and revised 
non-normal procedures, as specified in a Transport Canada Civil 
Aviation (TCCA) AD, which is incorporated by reference. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD becomes effective September 1, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 1, 
2022.
    The FAA must receive comments on this AD by October 3, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
TCCA, Transport Canada National Aircraft Certification, 159 Cleopatra 
Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
[email protected]; internet tc.canada.ca/en/aviation. You may view this 
material at the FAA, Airworthiness Products Section, Operational Safety 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available in the AD docket at www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0990.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0990; 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 AD, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace 
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0990; Project Identifier MCAI-
2022-00372-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data.

[[Page 50561]]

The FAA will consider all comments received by the closing date and may 
amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
www.regulations.gov, including any personal information you provide. 
The agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Jiwan 
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7300; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2022-11, dated March 17, 2022 (TCCA AD CF-2022-11) (also referred 
to as the MCAI), to correct an unsafe condition for certain Airbus 
Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. 
TCCA AD CF-2022-11 supersedes TCCA AD CF-2021-44, dated December 2, 
2021.
    This AD was prompted by a dual-engine automatic shutdown on landing 
experienced by a Model BD-500-1A11 airplane. The crew successfully 
stopped the airplane with degraded systems and functions. An 
investigation is ongoing to determine the root cause, but preliminary 
findings of this event indicate that erroneous uncontrolled high thrust 
(UHT) detection can occur above 16,000 feet when the thrust lever is 
manually and abruptly \1\ moved towards the idle position. Based on the 
preliminary findings from the ongoing investigation, and as a result of 
extensive subsequent communication with TCCA and Airbus Canada to 
determine the extent and urgency of the identified unsafe condition, 
the FAA is issuing this AD, which corresponds to TCCA AD CF-2022-11. 
TCCA AD CF-2022-11 is an interim action that includes revising the 
existing AFM by incorporating new AFM operating procedures to mitigate 
any UHT event--which can result in, for example, stall on the runway or 
loss of braking on landing--that may occur until the investigation is 
complete. The FAA is issuing this AD to address an erroneous UHT 
detection in flight, which would result in engine shutdown on landing 
with or without indications or crew alerting system messages displayed 
before landing, and, in the case of an automatic dual-engine shutdown 
upon landing, could result in loss of braking, loss of control of the 
airplane, and a runway excursion. See the MCAI for additional 
background information.
---------------------------------------------------------------------------

    \1\ See definition of abrupt throttle movement in Figure 1 of 
TCCA AD CF-2022-11.
---------------------------------------------------------------------------

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2022-11 specifies procedures for revising the existing 
AFM to incorporate a new normal procedure for low-altitude descent 
check (below 16,000 feet) and revised non-normal procedures for ``L 
THROTTLE FAIL'' and ``R THROTTLE FAIL.'' These procedures, which are 
specified in paragraph D of TCCA AD CF-2022-11, replace the interim 
procedures introduced by TCCA AD CF-2021-44; those interim procedures 
are specified in paragraphs A and B of TCCA AD CF-2022-11. This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this AD after determining 
that the unsafe condition described previously is likely to exist or 
develop on other products of these same type designs.

Requirements of This AD

    This AD requires accomplishing actions specified in paragraph D of 
TCCA AD CF-2022-11 described previously.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
TCCA AD CF-2022-11 is incorporated by reference in this AD. This AD 
requires compliance with certain actions in TCCA AD CF-2022-11 through 
that incorporation. Service information required by TCCA AD CF-2022-11 
for compliance will be available at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0990 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because an erroneous UHT detection in flight would result in engine 
shutdown on landing with or without indications or CAS messages 
displayed before landing. An automatic dual-engine shutdown upon 
landing could result in loss of braking, loss of control of the 
airplane, and a runway excursion. Accordingly, notice and opportunity 
for prior public comment are impracticable and contrary to the

[[Page 50562]]

public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 69 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
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85           $5,865
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2022-16-08 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22137; Docket No. FAA-2022-0990; 
Project Identifier MCAI-2022-00372-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 1, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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, as identified in Transport 
Canada Civil Aviation (TCCA) AD CF-2022-11, dated March 17, 2022 
(TCCA AD CF-2022-11).

(d) Subject

    Air Transport Association (ATA) of America Code 72, Turbine/
turboprop engine.

(e) Unsafe Condition

    This AD was prompted by a report of a dual-engine automatic 
shutdown on landing. The FAA is issuing this AD to address an 
erroneous uncontrolled high thrust detection in flight, which would 
result in engine shutdown on landing with or without indications or 
crew alerting system messages displayed before landing, and, in the 
case of an automatic dual-engine shutdown upon landing, could result 
in loss of braking, loss of control of the airplane, and a runway 
excursion.

(f) Compliance

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

(g) Requirements

    Within 120 days from the effective date of this AD, revise the 
existing airplane flight manual (AFM) in accordance with paragraph D 
of TCCA AD CF-2022-11.

(h) 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. 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 Limited Partnership's TCCA 
Design Approval Organization (DAO). If approved by the DAO, the 
approval must include the DAO-authorized signature.

(i) Related Information

    For more information about this AD, contact Jiwan Karunatilake, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this

[[Page 50563]]

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-2022-11, dated 
March 17, 2022.
    (ii) [Reserved]
    (3) For TCCA AD CF-2022-11, contact TCCA, Transport Canada 
National Aircraft Certification, 159 Cleopatra Drive, Nepean, 
Ontario K1A 0N5, Canada; telephone 888-663-3639; email [email protected]; internet 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 www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-17789 Filed 8-15-22; 4:15 pm]
BILLING CODE 4910-13-P
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