Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 45102-45106 [2023-14880]

Download as PDF 45102 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules Age of separated employee at birthday before death 51 52 53 54 Multiplier .......................................... .......................................... .......................................... .......................................... .5526 .5887 .6274 .6691 Age of separated employee at birthday before death 55 56 57 58 .......................................... .......................................... .......................................... .......................................... Multiplier .7137 .7623 .8149 .8717 Age of separated employee at birthday before death Multiplier 59 .......................................... .9332 With at least 30 years of creditable service— Multiplier by separated employee’s year of birth Age of separated employee at birthday before death After 1966 46 47 48 49 50 51 52 53 54 55 56 ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. ............................................................................................................................................................................. [FR Doc. 2023–14983 Filed 7–13–23; 8:45 am] BILLING CODE 6325–38–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1650; Project Identifier MCAI–2022–00210–T] RIN 2120–AA64 Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (SNPRM). AGENCY: The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to certain Airbus Canada Limited Partnership Model BD– 500–1A11 airplanes. This action revises the NPRM by changing the applicability. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM. DATES: The FAA must receive comments on this SNPRM by August 28, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 16:53 Jul 13, 2023 Jkt 259001 • Federal eRulemaking Portal: Go to 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. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1650; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains the NPRM, this SNPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For Transport Canada material that is proposed for incorporation by reference in this SNPRM, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; website tc.canada.ca/en/aviation. • For Airbus Canada Limited Partnership material that is proposed for incorporation by reference in this SNPRM, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, Que´bec, J7N 3C6, Canada; telephone 450–476–7676; email PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 .4989 .5300 .5634 .5991 .6374 .6786 .7228 .7703 .8213 .8763 .9357 From 1950 through 1966 .5332 .5665 .6021 .6403 .6813 .7253 .7725 .8232 .8778 .9365 1.0000 a220_crc@abc.airbus; website a220world.airbus.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2022–1650. FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2022–1650; Project Identifier MCAI–2022–00210–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each E:\FR\FM\14JYP1.SGM 14JYP1 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules substantive verbal contact received about this SNPRM. lotter on DSK11XQN23PROD with PROPOSALS1 Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this SNPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this SNPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this SNPRM. Submissions containing CBI should be sent to Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@ faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Canada Limited Partnership Model BD–500– 1A11 airplanes. The NPRM published in the Federal Register on December 20, 2022 (87 FR 77763). The NPRM was prompted by AD CF–2022–04, dated February 14, 2022, issued by Transport Canada, which is the aviation authority for Canada (Transport Canada AD CF– 2022–04). Transport Canada AD CF– 2022–04 states that the nose radome lightning diverter strips on certain aircraft were painted in production; paint on the diverter strips can compromise the nose radome lightning protection. Reduced effectiveness of the diverter strips can lead to the puncture of the nose radome by lightning and potential arc attachment to antennas, structures, and other equipment in the area of the nose radome. The unsafe condition, if not addressed, could result in damage to the localizer or glideslope antennas, and consequent loss of instrument landing system localizer inputs or deviation information. In the NPRM, the FAA proposed to require inspecting for paint on the diverter strips on the nose radome, and replacing the nose radome if necessary, as specified in a Transport Canada AD CF–2022–04. VerDate Sep<11>2014 16:53 Jul 13, 2023 Jkt 259001 You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1650. Actions Since the NPRM Was Issued Since the FAA issued the NPRM, the FAA determined that the applicability of the proposed AD should be revised. The FAA has determined that the affected nose radomes may be installed as rotable spares on airplanes outside of the applicability of the NPRM, thereby subjecting those airplanes to the identified unsafe condition. Therefore, this proposed AD has been expanded to apply to airplanes equipped with nose radomes having specific part numbers and serial numbers. The FAA is proposing this AD to address the unsafe condition on these products. Comments The FAA received comments from one commenter, Delta Air Lines (Delta). The following presents the comments received on the NPRM and the FAA’s response to each comment. Request for Change to Applicability Delta requested the proposed applicability, which references the applicability specified in Transport Canada AD CF–2022–04 that is based on the airplane serial numbers, to be changed to the part numbers and serial numbers of the nose radome listed in Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022. Delta stated the nose radome is a rotable component and can be installed on any Model BD–500–1A11 airplanes. The FAA agrees with the request for the reason provided. The FAA has revised the applicability in this proposed AD to specify airplanes equipped with the specific part numbers and serial numbers of the nose radome. Request To Add Exception To Allow Use of Certain Service Information, Along With Painting of the Nose Radome Prior to Installation Delta requested an exception be added to allow accomplishing Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, as an acceptable means of compliance with the requirements of this proposed AD in lieu of Transport Canada AD CF–2022– 04, with the exception that the painting of the nose radome may be accomplished prior to installation. Delta pointed out that Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, contains the correct Aircraft Structural Repair Publication (ASRP) PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 45103 reference for painting of the nose radome as opposed to Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 001, dated April 8, 2022. In addition, Delta asserted that nose radomes are painted in the shop prior to installation on the line, and that painting the nose radome after installation, as detailed in Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, does not accommodate the regular maintenance procedure of the aircraft in service. Delta further asserted that the work instructions of Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, comply with the intent of Transport Canada AD CF–2022–04, since the discrepant nose radome is removed and an airworthy replacement is installed. The FAA partially agrees. The FAA disagrees with revising this proposed AD to add Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, as an acceptable method of compliance, because paragraph (h)(2) of this proposed AD already provides it as an acceptable method of compliance. However, the FAA agrees that painting of the nose radome may be accomplished prior to installation. The painting of the nose radome after installation as detailed in Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, does not accommodate the regular maintenance procedure of the aircraft in service. The work instructions of Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, meet the intent of Transport Canada AD CF–2022–04, since the discrepant nose radome is removed and an airworthy replacement is installed. Transport Canada and Airbus Canada Partnership Limited have no objections to painting the nose radome prior to installation. The FAA has added paragraph (h)(2) to this proposed AD to allow painting of the nose radome before installation. Request for Definition Clarification Delta requested paragraph (j) of the proposed AD be revised to clearly define ‘‘refer to’’ and ‘‘in accordance with.’’ Delta suggested adding the following wording to paragraph (j) of this proposed AD (paragraph (k) of this proposed AD): ‘‘While performing corrective actions per A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, the words ‘‘refer to’’ are used and the operator has a E:\FR\FM\14JYP1.SGM 14JYP1 45104 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 procedure accepted by the FAA the accepted alternative procedure can be used. When the words ‘‘in accordance with’’ are used then the given procedure must be followed.’’ Delta reasoned that Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, lists the maintenance procedures to accomplish the work instructions as ‘‘refer to.’’ Since Delta has accomplished the repair per the service bulletin, the verbiage ‘‘refer to’’ has been followed allowing flexibility in the procedure to remove, install, and paint the nose radomes utilizing other FAA approved methods. The FAA agrees to clarify. This proposed AD allows the use of Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, in lieu of Transport Canada AD CF–2022–04. The Procedure section of the Accomplishment Instructions of Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, is Required for Compliance (RC) and must be done to comply with this proposed AD, if the operator chooses to use that service bulletin. If a step is marked RC and a procedure or document must be followed to accomplish a task in a service bulletin, the appropriate terminology to cite the procedure or document is ‘‘in accordance with.’’ However, if a step is marked RC and a procedure or document may be followed to accomplish an action (e.g., the design approval holder’s procedure or document may be used, but an FAAaccepted procedure could also be used), the appropriate terminology to use to cite the procedure or document is ‘‘refer to . . . as an accepted procedure.’’ Therefore, if the actions are cited as ‘‘refer to,’’ there is flexibility in the procedure to remove, install, and paint utilizing other FAA-approved methods. The FAA has not changed this proposed AD as a result of this comment. Request for Repair Engineering Orders (REOs) To Be an Acceptable Method of Compliance Delta requested that any REOs issued by Airbus Canada Limited Partnership that are approved by a design approval organization (DAO) be allowed as an acceptable method of compliance for paragraphs (h) and (j) of the proposed AD (paragraphs (h) and (k) of this proposed AD). Delta contended that the replacement of the nose radome or the replacement or repair of the painted over diverter strips address the unsafe condition of the proposed AD. Further, Delta asserted that the replacement procedure utilized to replace the nose VerDate Sep<11>2014 16:53 Jul 13, 2023 Jkt 259001 radome, or the replacement or repair procedure utilized to repair a diverter strip is not critical to resolve the unsafe condition. Delta pointed out that the unsafe condition is resolved when the nose radome with painted over diverter strips is removed from service regardless of the procedure. The FAA disagrees with giving automatic approvals for any REO issued as a method of compliance within this proposed AD. REOs are normally operator specific. The FAA does not consider it appropriate to include various provisions in an AD applicable only to individual airplane serial numbers or to a single operator’s unique use of an affected airplane. Once the final rule is published, any person may request approval of an alternative method of compliance (AMOC) to use a REO under the provisions of paragraph (k)(1) of this proposed AD. This proposed AD has not been revised in this regard. Request for Clarification To Allow Use of Additional Nose Radome Assemblies Delta requested that the proposed AD be clarified to allow any effective nose radome per the A220 Illustrated Parts Data Publication (IPDP) BD500–A–J53– 81–80–01AAA–941A or BD500–A–J53– 81–80–02AAA–941A to be installed as an acceptable unit during accomplishment of the actions required by this proposed AD. Delta asserted that acceptable replacement units are not detailed in Transport Canada AD CF– 2022–04 or Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022; however, the service bulletin lists P/N C01204101–009 as a spare. Delta stated that any other nose radome listed in the IPDP provides the same level of safety. The FAA agrees that IPDP BD500–A– J53–81–80–01AAA–941A and BD500– A–J53–81–80–02AAA–941A provide a more complete list of replacement nose radome assemblies that may be used. The FAA added paragraph (h)(2) to this proposed AD to allow use of nose radome assemblies P/N C01204101–003, P/N C01204101–005, P/N C01204101– 007, P/N C01204101–009, and P/N C01204101–011. Request for Credit Using Future Revisions of Certain Service Information Delta requested credit for compliance with the requirements of the proposed AD to be granted if accomplished using Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, or future revisions. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 The FAA disagrees with providing credit for Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022. Paragraph (h)(2) of this proposed AD already allows the use of Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022, therefore, providing credit in this proposed AD is not necessary. The FAA also disagrees with granting credit for accomplishing the required actions using future revisions of Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, because the FAA may not refer to any document that does not yet exist in an AD. To allow operators to use later revisions of the referenced document (issued after publication of the AD), either the FAA must revise the AD to reference specific later revisions, or operators must request approval to use later revisions as an AMOC with the AD under the provisions of paragraph (k)(1) of this proposed AD. This proposed AD has not been revised in this regard. Related Service Information Under 1 CFR Part 51 Transport Canada AD CF–2022–04 specifies procedures for inspecting for paint on the lightning diverter strips on the nose radome, and replacing the nose radome if the lightning diverter strips are painted. The FAA also reviewed Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022. This service information specifies procedures for inspecting for paint on the lightning diverter strips on the nose radome, and replacing and painting the nose radome if the lightning diverter strips are painted. 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 ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI and service information referenced above. The FAA is issuing this SNPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Certain changes described above expand the scope of the NPRM. As a E:\FR\FM\14JYP1.SGM 14JYP1 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed Rules result, it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Proposed AD Requirements in This SNPRM This proposed AD would require accomplishing the actions specified in Transport Canada AD CF–2022–04 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate Transport Canada AD CF– 2022–04 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with Transport Canada AD CF–2022–04 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Service information required by Transport Canada AD CF– 2022–04 for compliance will be available at regulations.gov under 45105 Docket No. FAA–2022–1650 after the FAA final rule is published. Differences Between This SNPRM and the MCAI The applicability of Transport Canada AD CF–2022–04 applies to specific serial numbered airplanes. The applicability of this SNPRM applies to airplanes having a nose radome with specific part number and serial number. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 7 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 6 work-hours × $85 per hour = $510 .......................................................................................... $0 * $510 $3,570 * The FAA has received no definitive data on which to base the parts cost estimate for the nose radome replacement. The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected operators. Authority for This Rulemaking lotter on DSK11XQN23PROD with PROPOSALS1 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. national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. Regulatory Findings § 39.13 The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the ■ VerDate Sep<11>2014 16:53 Jul 13, 2023 Jkt 259001 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Bombardier, Inc.): Docket No. FAA– 2022–1650; Project Identifier MCAI– 2022–00210–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by August 28, 2023. (b) Affected ADs None. (c) Applicability This AD applies to Airbus Canada Limited Partnership Model BD–500–1A11 airplanes, certificated in any category, with a nose radome having part number (P/N) C01204101–007 or P/N C01204101–009 and a serial number (S/N) S456997, S/N S570556, S/N S626945, S/N S866894, S/N T099675, S/ N T471773, or S/N T595935. (d) Subject Air Transport Association (ATA) of America Code: 53, Fuselage. (e) Unsafe Condition This AD was prompted by a report that the nose radome lightning diverter strips on certain aircraft were painted in production; paint on the diverter strips can compromise the nose radome lightning protection. The FAA is issuing this AD to address reduced effectiveness of the diverter strips, which can lead to the puncture of the nose radome by lightning and potential arc attachment to antennas, structures, and other equipment in the area of the nose radome. The unsafe condition, if not addressed, could result in damage to the localizer or glideslope antennas, and consequent loss of instrument landing system localizer inputs or deviation information. E:\FR\FM\14JYP1.SGM 14JYP1 45106 Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 / Proposed 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 AD CF– 2022–04, dated February 14, 2022 (Transport Canada AD CF–2022–04). (h) Exception to Transport Canada AD CF– 2022–04 (1) Where Transport Canada AD CF–2022– 04 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Transport Canada AD CF–2022– 04 specifies removing and installing a nose radome using certain aircraft maintenance publication data modules, this AD also allows accomplishing those actions in accordance with Airbus Canada Limited Partnership A220 Service Bulletin BD500– 538009, Issue 002, dated June 2, 2022, with the exception that the painting of the nose radome can be accomplished prior to installation, and that the following nose radome assembly part numbers may be used: P/N C01204101–003, P/N C01204101–005, P/ N C01204101–007, P/N C01204101–009, and P/N C01204101–011. (i) Parts Installation Limitation As of the effective date of this AD, no person may install, on any airplane, a nose radome having P/N C01204101–003, P/N C01204101–005, P/N C01204101–007, P/N C01204101–009, or P/N C01204101–011, unless it has been inspected in accordance with paragraph (g) of this AD. lotter on DSK11XQN23PROD with PROPOSALS1 (j) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Airbus Canada Limited Partnership A220 Service Bulletin BD500– 538009, Issue 001, dated April 8, 2022. (k) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation 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 International Validation Branch, send it to the attention of the person identified in paragraph (l)(1) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@ faa.gov. 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, International Validation VerDate Sep<11>2014 17:12 Jul 13, 2023 Jkt 259001 Branch, FAA; or Transport Canada; or Airbus Canada Limited Partnership’s Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (k)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (l) Additional Information (1) For more information about this AD, contact Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@faa.gov. (2) For service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(3) and (4) of this AD. (m) 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) Airbus Canada Limited Partnership A220 Service Bulletin BD500–538009, Issue 002, dated June 2, 2022. (ii) Transport Canada AD CF–2022–04, dated February 14, 2022. (3) For Transport Canada AD CF–2022–04, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; website tc.canada.ca/en/aviation. (4) For Airbus Canada Limited Partnership material incorporated by reference in this AD, contact Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, Que´bec, J7N 3C6, Canada; telephone 450–476–7676; email a220_crc@abc.airbus; website a220world.airbus.com. (5) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (6) You may view this service information 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. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 Issued on July 8, 2023. Michael Linegang, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–14880 Filed 7–13–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1490; Project Identifier MCAI–2022–01624–E] RIN 2120–AA64 Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2021–21–13, which applies to certain Rolls-Royce Deutschland Ltd. & Co KG (RRD) Model Trent 1000 engines. AD 2021–21–13 requires the operator to revise the airworthiness limitation section (ALS) of their existing approved aircraft maintenance program (AMP) by incorporating the revised tasks of the applicable time limits manual (TLM) for each affected model turbofan engine. Since the FAA issued AD 2021–21–13, the manufacturer has revised the TLM, introducing new and more restrictive instructions. This proposed AD would require revisions to the ALS of the operator’s existing approved AMP, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. SUMMARY: The FAA must receive comments on this NPRM by August 28, 2023. 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 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 DATES: E:\FR\FM\14JYP1.SGM 14JYP1

Agencies

[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Proposed Rules]
[Pages 45102-45106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14880]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership (Type 
Certificate Previously Held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that would have applied to certain Airbus Canada Limited Partnership 
Model BD-500-1A11 airplanes. This action revises the NPRM by changing 
the applicability. The FAA is proposing this airworthiness directive 
(AD) to address the unsafe condition on these products. Since these 
actions would impose an additional burden over those in the NPRM, the 
FAA is requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by August 28, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1650; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the NPRM, this SNPRM, the mandatory continuing 
airworthiness information (MCAI), any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For Transport Canada material that is proposed for 
incorporation by reference in this SNPRM, contact Transport Canada, 
Transport Canada National Aircraft Certification, 159 Cleopatra Drive, 
Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
[email protected]; website 
tc.canada.ca/en/aviation.
     For Airbus Canada Limited Partnership material that is 
proposed for incorporation by reference in this SNPRM, contact Airbus 
Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel, 
Qu[eacute]bec, J7N 3C6, Canada; telephone 450-476-7676; email 
[email protected]; website a220world.airbus.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2022-1650.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1650; Project Identifier 
MCAI-2022-00210-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each

[[Page 45103]]

substantive verbal contact received about this SNPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this SNPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this SNPRM, it is important that you clearly designate 
the submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN.'' The FAA will treat such marked 
submissions as confidential under the FOIA, and they will not be placed 
in the public docket of this SNPRM. Submissions containing CBI should 
be sent to Steven Dzierzynski, Aviation Safety Engineer, FAA, 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

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Airbus Canada Limited Partnership Model BD-500-
1A11 airplanes. The NPRM published in the Federal Register on December 
20, 2022 (87 FR 77763). The NPRM was prompted by AD CF-2022-04, dated 
February 14, 2022, issued by Transport Canada, which is the aviation 
authority for Canada (Transport Canada AD CF-2022-04). Transport Canada 
AD CF-2022-04 states that the nose radome lightning diverter strips on 
certain aircraft were painted in production; paint on the diverter 
strips can compromise the nose radome lightning protection. Reduced 
effectiveness of the diverter strips can lead to the puncture of the 
nose radome by lightning and potential arc attachment to antennas, 
structures, and other equipment in the area of the nose radome. The 
unsafe condition, if not addressed, could result in damage to the 
localizer or glideslope antennas, and consequent loss of instrument 
landing system localizer inputs or deviation information.
    In the NPRM, the FAA proposed to require inspecting for paint on 
the diverter strips on the nose radome, and replacing the nose radome 
if necessary, as specified in a Transport Canada AD CF-2022-04.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1650.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the FAA determined that the 
applicability of the proposed AD should be revised. The FAA has 
determined that the affected nose radomes may be installed as rotable 
spares on airplanes outside of the applicability of the NPRM, thereby 
subjecting those airplanes to the identified unsafe condition. 
Therefore, this proposed AD has been expanded to apply to airplanes 
equipped with nose radomes having specific part numbers and serial 
numbers. The FAA is proposing this AD to address the unsafe condition 
on these products.

Comments

    The FAA received comments from one commenter, Delta Air Lines 
(Delta). The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request for Change to Applicability

    Delta requested the proposed applicability, which references the 
applicability specified in Transport Canada AD CF-2022-04 that is based 
on the airplane serial numbers, to be changed to the part numbers and 
serial numbers of the nose radome listed in Airbus Canada Limited 
Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 
2, 2022. Delta stated the nose radome is a rotable component and can be 
installed on any Model BD-500-1A11 airplanes.
    The FAA agrees with the request for the reason provided. The FAA 
has revised the applicability in this proposed AD to specify airplanes 
equipped with the specific part numbers and serial numbers of the nose 
radome.

Request To Add Exception To Allow Use of Certain Service Information, 
Along With Painting of the Nose Radome Prior to Installation

    Delta requested an exception be added to allow accomplishing Airbus 
Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 
002, dated June 2, 2022, as an acceptable means of compliance with the 
requirements of this proposed AD in lieu of Transport Canada AD CF-
2022-04, with the exception that the painting of the nose radome may be 
accomplished prior to installation. Delta pointed out that Airbus 
Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 
002, dated June 2, 2022, contains the correct Aircraft Structural 
Repair Publication (ASRP) reference for painting of the nose radome as 
opposed to Airbus Canada Limited Partnership A220 Service Bulletin 
BD500-538009, Issue 001, dated April 8, 2022. In addition, Delta 
asserted that nose radomes are painted in the shop prior to 
installation on the line, and that painting the nose radome after 
installation, as detailed in Airbus Canada Limited Partnership A220 
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022, does not 
accommodate the regular maintenance procedure of the aircraft in 
service. Delta further asserted that the work instructions of Airbus 
Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 
002, dated June 2, 2022, comply with the intent of Transport Canada AD 
CF-2022-04, since the discrepant nose radome is removed and an 
airworthy replacement is installed.
    The FAA partially agrees. The FAA disagrees with revising this 
proposed AD to add Airbus Canada Limited Partnership A220 Service 
Bulletin BD500-538009, Issue 002, dated June 2, 2022, as an acceptable 
method of compliance, because paragraph (h)(2) of this proposed AD 
already provides it as an acceptable method of compliance. However, the 
FAA agrees that painting of the nose radome may be accomplished prior 
to installation. The painting of the nose radome after installation as 
detailed in Airbus Canada Limited Partnership A220 Service Bulletin 
BD500-538009, Issue 002, dated June 2, 2022, does not accommodate the 
regular maintenance procedure of the aircraft in service. The work 
instructions of Airbus Canada Limited Partnership A220 Service Bulletin 
BD500-538009, Issue 002, dated June 2, 2022, meet the intent of 
Transport Canada AD CF-2022-04, since the discrepant nose radome is 
removed and an airworthy replacement is installed. Transport Canada and 
Airbus Canada Partnership Limited have no objections to painting the 
nose radome prior to installation. The FAA has added paragraph (h)(2) 
to this proposed AD to allow painting of the nose radome before 
installation.

Request for Definition Clarification

    Delta requested paragraph (j) of the proposed AD be revised to 
clearly define ``refer to'' and ``in accordance with.'' Delta suggested 
adding the following wording to paragraph (j) of this proposed AD 
(paragraph (k) of this proposed AD): ``While performing corrective 
actions per A220 Service Bulletin BD500-538009, Issue 002, dated June 
2, 2022, the words ``refer to'' are used and the operator has a

[[Page 45104]]

procedure accepted by the FAA the accepted alternative procedure can be 
used. When the words ``in accordance with'' are used then the given 
procedure must be followed.'' Delta reasoned that Airbus Canada Limited 
Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 
2, 2022, lists the maintenance procedures to accomplish the work 
instructions as ``refer to.'' Since Delta has accomplished the repair 
per the service bulletin, the verbiage ``refer to'' has been followed 
allowing flexibility in the procedure to remove, install, and paint the 
nose radomes utilizing other FAA approved methods.
    The FAA agrees to clarify. This proposed AD allows the use of 
Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, 
Issue 002, dated June 2, 2022, in lieu of Transport Canada AD CF-2022-
04. The Procedure section of the Accomplishment Instructions of Airbus 
Canada Limited Partnership A220 Service Bulletin BD500-538009, Issue 
002, dated June 2, 2022, is Required for Compliance (RC) and must be 
done to comply with this proposed AD, if the operator chooses to use 
that service bulletin. If a step is marked RC and a procedure or 
document must be followed to accomplish a task in a service bulletin, 
the appropriate terminology to cite the procedure or document is ``in 
accordance with.'' However, if a step is marked RC and a procedure or 
document may be followed to accomplish an action (e.g., the design 
approval holder's procedure or document may be used, but an FAA-
accepted procedure could also be used), the appropriate terminology to 
use to cite the procedure or document is ``refer to . . . as an 
accepted procedure.'' Therefore, if the actions are cited as ``refer 
to,'' there is flexibility in the procedure to remove, install, and 
paint utilizing other FAA-approved methods. The FAA has not changed 
this proposed AD as a result of this comment.

Request for Repair Engineering Orders (REOs) To Be an Acceptable Method 
of Compliance

    Delta requested that any REOs issued by Airbus Canada Limited 
Partnership that are approved by a design approval organization (DAO) 
be allowed as an acceptable method of compliance for paragraphs (h) and 
(j) of the proposed AD (paragraphs (h) and (k) of this proposed AD). 
Delta contended that the replacement of the nose radome or the 
replacement or repair of the painted over diverter strips address the 
unsafe condition of the proposed AD. Further, Delta asserted that the 
replacement procedure utilized to replace the nose radome, or the 
replacement or repair procedure utilized to repair a diverter strip is 
not critical to resolve the unsafe condition. Delta pointed out that 
the unsafe condition is resolved when the nose radome with painted over 
diverter strips is removed from service regardless of the procedure.
    The FAA disagrees with giving automatic approvals for any REO 
issued as a method of compliance within this proposed AD. REOs are 
normally operator specific. The FAA does not consider it appropriate to 
include various provisions in an AD applicable only to individual 
airplane serial numbers or to a single operator's unique use of an 
affected airplane. Once the final rule is published, any person may 
request approval of an alternative method of compliance (AMOC) to use a 
REO under the provisions of paragraph (k)(1) of this proposed AD. This 
proposed AD has not been revised in this regard.

Request for Clarification To Allow Use of Additional Nose Radome 
Assemblies

    Delta requested that the proposed AD be clarified to allow any 
effective nose radome per the A220 Illustrated Parts Data Publication 
(IPDP) BD500-A-J53-81-80-01AAA-941A or BD500-A-J53-81-80-02AAA-941A to 
be installed as an acceptable unit during accomplishment of the actions 
required by this proposed AD. Delta asserted that acceptable 
replacement units are not detailed in Transport Canada AD CF-2022-04 or 
Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, 
Issue 002, dated June 2, 2022; however, the service bulletin lists P/N 
C01204101-009 as a spare. Delta stated that any other nose radome 
listed in the IPDP provides the same level of safety.
    The FAA agrees that IPDP BD500-A-J53-81-80-01AAA-941A and BD500-A-
J53-81-80-02AAA-941A provide a more complete list of replacement nose 
radome assemblies that may be used. The FAA added paragraph (h)(2) to 
this proposed AD to allow use of nose radome assemblies P/N C01204101-
003, P/N C01204101-005, P/N C01204101-007, P/N C01204101-009, and P/N 
C01204101-011.

Request for Credit Using Future Revisions of Certain Service 
Information

    Delta requested credit for compliance with the requirements of the 
proposed AD to be granted if accomplished using Airbus Canada Limited 
Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 
2, 2022, or future revisions.
    The FAA disagrees with providing credit for Airbus Canada Limited 
Partnership A220 Service Bulletin BD500-538009, Issue 002, dated June 
2, 2022. Paragraph (h)(2) of this proposed AD already allows the use of 
Airbus Canada Limited Partnership A220 Service Bulletin BD500-538009, 
Issue 002, dated June 2, 2022, therefore, providing credit in this 
proposed AD is not necessary.
    The FAA also disagrees with granting credit for accomplishing the 
required actions using future revisions of Airbus Canada Limited 
Partnership A220 Service Bulletin BD500-538009, because the FAA may not 
refer to any document that does not yet exist in an AD. To allow 
operators to use later revisions of the referenced document (issued 
after publication of the AD), either the FAA must revise the AD to 
reference specific later revisions, or operators must request approval 
to use later revisions as an AMOC with the AD under the provisions of 
paragraph (k)(1) of this proposed AD. This proposed AD has not been 
revised in this regard.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-04 specifies procedures for inspecting 
for paint on the lightning diverter strips on the nose radome, and 
replacing the nose radome if the lightning diverter strips are painted.
    The FAA also reviewed Airbus Canada Limited Partnership A220 
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022. This 
service information specifies procedures for inspecting for paint on 
the lightning diverter strips on the nose radome, and replacing and 
painting the nose radome if the lightning diverter strips are painted.
    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 ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is issuing this SNPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a

[[Page 45105]]

result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in Transport Canada AD CF-2022-04 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate Transport Canada AD CF-2022-04 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2022-04 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this proposed AD. Service information 
required by Transport Canada AD CF-2022-04 for compliance will be 
available at regulations.gov under Docket No. FAA-2022-1650 after the 
FAA final rule is published.

Differences Between This SNPRM and the MCAI

    The applicability of Transport Canada AD CF-2022-04 applies to 
specific serial numbered airplanes. The applicability of this SNPRM 
applies to airplanes having a nose radome with specific part number and 
serial number.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 7 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:


                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................            $0 *             $510           $3,570
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the parts cost estimate for the nose radome
  replacement.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

Airbus Canada Limited Partnership (Type Certificate Previously Held 
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): 
Docket No. FAA-2022-1650; Project Identifier MCAI-2022-00210-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 28, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A11 airplanes, certificated in any category, with a nose radome 
having part number (P/N) C01204101-007 or P/N C01204101-009 and a 
serial number (S/N) S456997, S/N S570556, S/N S626945, S/N S866894, 
S/N T099675, S/N T471773, or S/N T595935.

(d) Subject

    Air Transport Association (ATA) of America Code: 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report that the nose radome lightning 
diverter strips on certain aircraft were painted in production; 
paint on the diverter strips can compromise the nose radome 
lightning protection. The FAA is issuing this AD to address reduced 
effectiveness of the diverter strips, which can lead to the puncture 
of the nose radome by lightning and potential arc attachment to 
antennas, structures, and other equipment in the area of the nose 
radome. The unsafe condition, if not addressed, could result in 
damage to the localizer or glideslope antennas, and consequent loss 
of instrument landing system localizer inputs or deviation 
information.

[[Page 45106]]

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada AD CF-2022-04, dated February 14, 
2022 (Transport Canada AD CF-2022-04).

(h) Exception to Transport Canada AD CF-2022-04

    (1) Where Transport Canada AD CF-2022-04 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-04 specifies removing and 
installing a nose radome using certain aircraft maintenance 
publication data modules, this AD also allows accomplishing those 
actions in accordance with Airbus Canada Limited Partnership A220 
Service Bulletin BD500-538009, Issue 002, dated June 2, 2022, with 
the exception that the painting of the nose radome can be 
accomplished prior to installation, and that the following nose 
radome assembly part numbers may be used: P/N C01204101-003, P/N 
C01204101-005, P/N C01204101-007, P/N C01204101-009, and P/N 
C01204101-011.

(i) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, a nose radome having P/N C01204101-003, P/N C01204101-
005, P/N C01204101-007, P/N C01204101-009, or P/N C01204101-011, 
unless it has been inspected in accordance with paragraph (g) of 
this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Airbus Canada Limited Partnership A220 Service 
Bulletin BD500-538009, Issue 001, dated April 8, 2022.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (l)(1) of this AD. Information may be emailed to: [email protected]. 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, International 
Validation Branch, FAA; or Transport Canada; or Airbus Canada 
Limited Partnership's Transport Canada Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (k)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

(l) Additional Information

    (1) For more information about this AD, contact Steven 
Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email [email protected].
    (2) For service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) of this AD.

(m) 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) Airbus Canada Limited Partnership A220 Service Bulletin 
BD500-538009, Issue 002, dated June 2, 2022.
    (ii) Transport Canada AD CF-2022-04, dated February 14, 2022.
    (3) For Transport Canada AD CF-2022-04, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; website tc.canada.ca/en/
aviation.
    (4) For Airbus Canada Limited Partnership material incorporated 
by reference in this AD, contact Airbus Canada Limited Partnership, 
13100 Henri-Fabre Boulevard, Mirabel, Qu[eacute]bec, J7N 3C6, 
Canada; telephone 450-476-7676; email [email protected]; website 
a220world.airbus.com.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.
    (6) You may view this service information 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 8, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

[FR Doc. 2023-14880 Filed 7-13-23; 8:45 am]
BILLING CODE 4910-13-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.