Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 12498-12501 [2025-03941]
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12498
Proposed Rules
Federal Register
Vol. 90, No. 51
Tuesday, March 18, 2025
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2025–0344; Project
Identifier MCAI–2024–00638–T]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2022–25–51, which applies to all Airbus
Canada Limited Partnership Model BD–
500–1A10 and Model BD–500–1A11
airplanes. AD 2022–25–51 requires
revising the Limitations section of the
existing airplane flight manual (AFM) to
include a new warning and a new
limitation. Since the FAA issued AD
2022–25–51, updated primary flight
control computer (PFCC) software has
been developed to address the unsafe
condition. This proposed AD would
continue to require the actions in AD
2022–25–51, require installing the
updated PFCC software, which
terminates the AFM revision, and
remove airplanes from the applicability,
as specified in a Transport Canada AD,
which is proposed for incorporation by
reference (IBR). The FAA is proposing
this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments
on this proposed AD by May 2, 2025.
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.
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SUMMARY:
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• 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–2025–0344; or in person at
Docket Operations between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this NPRM, 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
identified in this proposed AD, 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 at tc.canada.ca/en/aviation. It is
also available at regulations.gov under
Docket No. FAA–2025–0344.
• 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.
FOR FURTHER INFORMATION CONTACT:
Rochelle Montgomery, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 405–798–2043; email
rochelle.montgomery@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2025–0344; Project
Identifier MCAI–2024–00638–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.
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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
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Rochelle Montgomery,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 405–798–2043;
email rochelle.montgomery@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 AD 2022–25–51,
Amendment 39–22282 (87 FR 75911,
December 12, 2022) (AD 2022–25–51),
for all Airbus Canada Limited
Partnership Model BD–500–1A10 and
Model BD–500–1A11 airplanes. AD
2022–25–51 was prompted by an MCAI
originated by Transport Canada, which
is the aviation authority for Canada.
Transport Canada issued Transport
Canada Emergency AD CF–2022–64,
dated November 17, 2022 (Transport
Canada Emergency AD CF–2022–64), to
correct an unsafe condition.
AD 2022–25–51 requires revising the
Limitations section of the existing AFM
by revising the title of the existing
autopilot AFM limitation, including a
new warning prior to the existing
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autopilot engagement limitations, and a
new limitation prohibiting selecting or
reselecting autothrottle during takeoff
after thrust levers are advanced to the
takeoff setting after the existing
autopilot engagement limitations. The
FAA issued AD 2022–25–51 to address
inadvertent engagement of the autopilot
below 400 feet above ground level
(AGL) when the flightcrew attempts to
engage autothrottle. The unsafe
condition, if not addressed, could result
in premature rotation due to inadvertent
autopilot engagement, possibly leading
to tail-strike, inability to climb, and loss
of control of the airplane.
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Actions Since AD 2022–25–51 Was
Issued
The preamble to AD 2022–25–51
explained that the FAA considered the
requirements ‘‘interim action’’ and was
considering further rulemaking. The
FAA has now determined that further
rulemaking is indeed necessary, and
this proposed AD follows from that
determination.
Since the FAA issued AD 2022–25–
51, Transport Canada superseded
Transport Canada Emergency AD CF–
2022–64, dated November 17, 2022, and
issued Transport Canada AD CF–2024–
36, dated October 22, 2024 (Transport
Canada AD CF–2024–36) (also referred
to as the MCAI), to correct an unsafe
condition for certain Airbus Canada
Limited Partnership Model BD–500–
1A10 and Model BD–500–1A11
airplanes. The MCAI states that there
have been multiple in-service reports
associated with PFCC software
deficiencies leading to nuisance
messages on the engine-indicating and
crew-alerting system (EICAS) such as
rudder fail, aileron fail, and spoiler fail,
and flight control fault due to erroneous
transmissions from the remote
electronic unit (REU). Investigations
also indicated design deficiencies in the
PFCC software such as an incorrectly
implemented built-in test, which is
unable to detect a failed REU internal
hold-up capacitor, or non-implemented
self-tests and monitoring mechanisms to
prevent erroneous computations to be
transmitted to consumers. Other inservice events indicated a lack of
software robustness, which may not
prevent an un-annunciated deployment
of ground spoilers or an inadvertent
autopilot engagement during the take-off
roll. These deficiencies and lack of
PFCC software robustness, if not
corrected, could lead to increased
flightcrew workload as well as a large
reduction of safety margins.
Additionally, during specific flight
phases or in combination with other
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failures, these conditions could lead to
loss of control of the airplane.
The updated software installation
required by this proposed AD addresses
the unsafe condition identified in AD
2022–25–51 and terminates the AFM
revision required by that AD.
The FAA is proposing this AD to
address the unsafe condition on these
products. You may examine the MCAI
in the AD docket at regulations.gov
under Docket No. FAA–2025–0344.
Material Incorporated by Reference
Under 1 CFR Part 51
Transport Canada AD CF–2024–36
specifies procedures for revising the
Limitations section of the existing AFM
to include a new warning, installation of
updated PFCC software part number
810–0337–009 on three the PFCCs,
which terminates the AFM revision, and
applicable concurrent software updates.
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
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 referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would retain all
requirements of AD 2022–25–51. This
proposed AD would remove airplanes
from the applicability because the
software installation, which terminates
the AFM revision, was done in
production on Model BD–500–1A10
airplanes having serial numbers (S/Ns)
50079 and subsequent and on Model
BD–500–1A11 airplanes having S/Ns
55298 and subsequent; therefore, the
unsafe condition has been addressed on
those airplanes. This proposed AD
would require accomplishing the
actions specified in Transport Canada
AD CF–2024–36 described previously,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD and except as discussed
under ‘‘Differences Between This NPRM
and the MCAI.’’ The installation of
updated PFCC software would terminate
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12499
the AFM revision required by paragraph
(g) 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–
2024–36 by reference in the FAA final
rule. This proposed AD would,
therefore, require compliance with Part
II of Transport Canada AD CF–2024–36
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this proposed
AD. Material required by Transport
Canada AD CF–2024–36 for compliance
will be available at regulations.gov
under Docket No. FAA–2025–0344 after
the FAA final rule is published.
Differences Between This NPRM and
the MCAI
Transport Canada AD CF–2024–36
refers to the Accomplishment
Instructions of Airbus Canada Limited
Partnership (ACLP) Service Bulletin
BD500–270022, Issue 001, dated July 25,
2024, for accomplishing the software
installation. The ‘‘Concurrent
Requirements’’ paragraph of ACLP
Service Bulletin BD500–270022, Issue
001, dated July 25, 2024, refers to
‘‘ACLP Service Bulletin BD500–270020’’
as an additional requirement for certain
airplanes; however, ‘‘ACLP Service
Bulletin BD500–270020’’ is not
included in the Accomplishment
Instructions of ACLP Service Bulletin
BD500–270022, Issue 001, dated July 25,
2024.
The FAA has determined the
concurrent service bulletin must be
done to address the unsafe condition.
The FAA has issued AD 2023–12–09,
Amendment 39–22467 (88 FR 42606,
July 3, 2023) (AD 2023–12–09), which
mandates Transport Canada AD CF–
2022–65, dated November 23, 2022, and
refers to ACLP Service Bulletin BD500–
270020, Issue 001, dated September 28,
2022 (or later revisions), for software
installation.
The FAA has added paragraph (i)(3)
of the proposed AD to mandate the
concurrent requirement and clarify
applicable compliance times.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 133
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Federal Register / Vol. 90, No. 51 / Tuesday, March 18, 2025 / Proposed Rules
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Retained actions from AD 2022-25-51 ..........
New proposed actions ...................................
1 work-hour × $85 per hour = $85 .................
Up to 5 work-hours × $85 per hour = $425 ...
$0 ...................
Up to $10,000
$85 .................
Up to $10,425
$11,305.
Up to
$1,386,525.
Authority for This Rulemaking
List of Subjects in 14 CFR Part 39
(d) Subject
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.
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Air Transport Association (ATA) of
America Code 22, Autoflight.
The Proposed Amendment
This AD was prompted by multiple inservice reports associated with primary flight
control computer (PFCC) software
deficiencies leading to nuisance messages on
the engine-indicating and crew-alerting
system (EICAS) due to erroneous
transmissions from the remote electronic unit
(REU). Investigations also indicated design
deficiencies in the PFCC software and a lack
of software robustness, which may not
prevent an un-annunciated deployment of
ground spoilers or an inadvertent autopilot
engagement during the take-off roll. The FAA
is issuing this AD to address the PFCC
software deficiencies leading to nuisance
messages and the lack of PFCC software
robustness. The unsafe condition, if not
addressed, could lead to increased flightcrew
workload as well as a large reduction of
safety margins. Additionally, during specific
flight phases or in combination with other
failures, these conditions could lead to loss
of control of the airplane.
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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.
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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(f), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2022–25–51, Amendment 39–
22282 (87 FR 75911, December 12,
2022); and
■ b. Adding the following new AD:
■
■
Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Docket No. FAA–
2025–0344; Project Identifier MCAI–
2024–00638–T.
(e) Unsafe Condition
(f) Compliance
(a) Comments Due Date
Comply with this AD within the
compliance times specified, unless already
done.
The FAA must receive comments on this
airworthiness directive (AD) by May 2, 2025.
(g) Retained Revision of Existing AFM, With
No Changes
(b) Affected ADs
This paragraph restates the requirements of
paragraph (g) of AD 2022–25–51, with no
changes. Within 7 days after December 27,
2022 (the effective date of AD 2022–25–51),
revise the Limitations section of the existing
airplane flight manual (AFM) to include the
information specified in figure 1 to paragraph
(g) of this AD. This may be accomplished by
inserting a copy of figure 1 to paragraph (g)
of this AD into the existing AFM. Using an
AFM revision that includes information
identical to that in figure 1 to paragraph (g)
of this AD is acceptable for compliance with
the requirement of this paragraph.
This AD replaces AD 2022–25–51,
Amendment 39–22282 (87 FR 75911,
December 12, 2022) (AD 2022–25–51).
(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 Model BD–500–1A11 airplanes,
certificated in any category, as identified in
Transport Canada AD CF–2024–36, dated
October 22, 2024 (Transport Canada AD CF–
2024–36).
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(i) Exceptions to Transport Canada AD CF–
2024–36
(1) This AD does not adopt the
requirements of Part I of Transport Canada
AD CF–2024–36.
(2) Where Transport Canada AD CF–2024–
36 refers to its effective date, this AD requires
using the effective date of this AD.
(3) For the airplanes identified in the
‘‘Concurrent requirements’’ paragraph of the
material referenced in Transport Canada AD
CF–2024–36: At the applicable time specified
in paragraph (i)(3)(i) or (ii), accomplish the
concurrent PFCC software update specified
in the material referenced in Transport
Canada AD CF–2024–36.
(i) For airplanes identified in AD 2023–12–
09 Amendment 39–22467 (88 FR 42606, July
3, 2023) (AD 2023–12–09): Prior to or
concurrently with the installation specified
in paragraph A. of Part II of Transport Canada
AD CF–2024–36 but no later than the
compliance time specified in AD 2023–12–
09.
(ii) For airplanes not identified in AD
2023–12–09: Prior to or concurrently with
the installation specified in paragraph A. of
Part II of Transport Canada AD CF–2024–36.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, AIR–520, Continued
Operational Safety 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 Continued Operational
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15:54 Mar 17, 2025
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Safety Branch, send it to the attention of the
person identified in paragraph (k) of this AD
and email to: AMOC@faa.gov.
(i) 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, AIR–520, Continued
Operational Safety 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.
(5) You may view this material at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on March 7, 2025.
Victor Wicklund,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2025–03941 Filed 3–17–25; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
(k) Additional Information
For more information about this AD,
contact Rochelle Montgomery, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
405–798–2043; email rochelle.montgomery@
faa.gov.
14 CFR Part 39
(l) Material Incorporated by Reference
Airworthiness Directives; Airbus SAS
Airplanes
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF–2024–36,
dated October 22, 2024.
(ii) [Reserved]
(3) For Transport Canada material
identified in this AD, 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) 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.
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[Docket No. FAA–2025–0343; Project
Identifier MCAI–2024–00562–T]
RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2020–03–14, which applies to all Airbus
SAS Model A350–941 and –1041
airplanes. AD 2020–03–14 requires an
inspection of affected crew oxygen
cylinder assemblies for any discrepancy
and replacement of discrepant crew
oxygen cylinder assemblies with
serviceable parts, and allows
installation of affected parts under
certain conditions. Since the FAA
issued AD 2020–03–14, the supplier
introduced an improved oxygen
cylinder assembly, that will ensure the
correct function of the system. This
SUMMARY:
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(h) New Requirements of This AD
Except as specified in paragraph (i) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, Transport Canada AD CF–
2024–36. Accomplishing the software
installation required by paragraph A. of Part
II of Transport Canada AD CF–2024–36
terminates the AFM revision required by
paragraph (g) of this AD.
12501
Agencies
[Federal Register Volume 90, Number 51 (Tuesday, March 18, 2025)]
[Proposed Rules]
[Pages 12498-12501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03941]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 90, No. 51 / Tuesday, March 18, 2025 /
Proposed Rules
[[Page 12498]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0344; Project Identifier MCAI-2024-00638-T]
RIN 2120-AA64
Airworthiness Directives; Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-25-51, which applies to all Airbus Canada Limited Partnership
Model BD-500-1A10 and Model BD-500-1A11 airplanes. AD 2022-25-51
requires revising the Limitations section of the existing airplane
flight manual (AFM) to include a new warning and a new limitation.
Since the FAA issued AD 2022-25-51, updated primary flight control
computer (PFCC) software has been developed to address the unsafe
condition. This proposed AD would continue to require the actions in AD
2022-25-51, require installing the updated PFCC software, which
terminates the AFM revision, and remove airplanes from the
applicability, as specified in a Transport Canada AD, which is proposed
for incorporation by reference (IBR). The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 2,
2025.
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-2025-0344; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, 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 identified in this proposed
AD, contact Transport Canada, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888-663-3639; email [email protected]; website at tc.canada.ca/en/
aviation. It is also available at regulations.gov under Docket No. FAA-
2025-0344.
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.
FOR FURTHER INFORMATION CONTACT: Rochelle Montgomery, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 405-798-2043; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2025-0344;
Project Identifier MCAI-2024-00638-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 substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Rochelle Montgomery, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 405-798-2043; 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 AD 2022-25-51, Amendment 39-22282 (87 FR 75911,
December 12, 2022) (AD 2022-25-51), for all Airbus Canada Limited
Partnership Model BD-500-1A10 and Model BD-500-1A11 airplanes. AD 2022-
25-51 was prompted by an MCAI originated by Transport Canada, which is
the aviation authority for Canada. Transport Canada issued Transport
Canada Emergency AD CF-2022-64, dated November 17, 2022 (Transport
Canada Emergency AD CF-2022-64), to correct an unsafe condition.
AD 2022-25-51 requires revising the Limitations section of the
existing AFM by revising the title of the existing autopilot AFM
limitation, including a new warning prior to the existing
[[Page 12499]]
autopilot engagement limitations, and a new limitation prohibiting
selecting or reselecting autothrottle during takeoff after thrust
levers are advanced to the takeoff setting after the existing autopilot
engagement limitations. The FAA issued AD 2022-25-51 to address
inadvertent engagement of the autopilot below 400 feet above ground
level (AGL) when the flightcrew attempts to engage autothrottle. The
unsafe condition, if not addressed, could result in premature rotation
due to inadvertent autopilot engagement, possibly leading to tail-
strike, inability to climb, and loss of control of the airplane.
Actions Since AD 2022-25-51 Was Issued
The preamble to AD 2022-25-51 explained that the FAA considered the
requirements ``interim action'' and was considering further rulemaking.
The FAA has now determined that further rulemaking is indeed necessary,
and this proposed AD follows from that determination.
Since the FAA issued AD 2022-25-51, Transport Canada superseded
Transport Canada Emergency AD CF-2022-64, dated November 17, 2022, and
issued Transport Canada AD CF-2024-36, dated October 22, 2024
(Transport Canada AD CF-2024-36) (also referred to as the MCAI), to
correct an unsafe condition for certain Airbus Canada Limited
Partnership Model BD-500-1A10 and Model BD-500-1A11 airplanes. The MCAI
states that there have been multiple in-service reports associated with
PFCC software deficiencies leading to nuisance messages on the engine-
indicating and crew-alerting system (EICAS) such as rudder fail,
aileron fail, and spoiler fail, and flight control fault due to
erroneous transmissions from the remote electronic unit (REU).
Investigations also indicated design deficiencies in the PFCC software
such as an incorrectly implemented built-in test, which is unable to
detect a failed REU internal hold-up capacitor, or non-implemented
self-tests and monitoring mechanisms to prevent erroneous computations
to be transmitted to consumers. Other in-service events indicated a
lack of software robustness, which may not prevent an un-annunciated
deployment of ground spoilers or an inadvertent autopilot engagement
during the take-off roll. These deficiencies and lack of PFCC software
robustness, if not corrected, could lead to increased flightcrew
workload as well as a large reduction of safety margins. Additionally,
during specific flight phases or in combination with other failures,
these conditions could lead to loss of control of the airplane.
The updated software installation required by this proposed AD
addresses the unsafe condition identified in AD 2022-25-51 and
terminates the AFM revision required by that AD.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2025-0344.
Material Incorporated by Reference Under 1 CFR Part 51
Transport Canada AD CF-2024-36 specifies procedures for revising
the Limitations section of the existing AFM to include a new warning,
installation of updated PFCC software part number 810-0337-009 on three
the PFCCs, which terminates the AFM revision, and applicable concurrent
software updates. 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
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
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain all requirements of AD 2022-25-51.
This proposed AD would remove airplanes from the applicability because
the software installation, which terminates the AFM revision, was done
in production on Model BD-500-1A10 airplanes having serial numbers (S/
Ns) 50079 and subsequent and on Model BD-500-1A11 airplanes having S/Ns
55298 and subsequent; therefore, the unsafe condition has been
addressed on those airplanes. This proposed AD would require
accomplishing the actions specified in Transport Canada AD CF-2024-36
described previously, except for any differences identified as
exceptions in the regulatory text of this proposed AD and except as
discussed under ``Differences Between This NPRM and the MCAI.'' The
installation of updated PFCC software would terminate the AFM revision
required by paragraph (g) 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-2024-36 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Part II of Transport Canada AD CF-2024-36 through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this proposed AD. Material required by Transport
Canada AD CF-2024-36 for compliance will be available at
regulations.gov under Docket No. FAA-2025-0344 after the FAA final rule
is published.
Differences Between This NPRM and the MCAI
Transport Canada AD CF-2024-36 refers to the Accomplishment
Instructions of Airbus Canada Limited Partnership (ACLP) Service
Bulletin BD500-270022, Issue 001, dated July 25, 2024, for
accomplishing the software installation. The ``Concurrent
Requirements'' paragraph of ACLP Service Bulletin BD500-270022, Issue
001, dated July 25, 2024, refers to ``ACLP Service Bulletin BD500-
270020'' as an additional requirement for certain airplanes; however,
``ACLP Service Bulletin BD500-270020'' is not included in the
Accomplishment Instructions of ACLP Service Bulletin BD500-270022,
Issue 001, dated July 25, 2024.
The FAA has determined the concurrent service bulletin must be done
to address the unsafe condition. The FAA has issued AD 2023-12-09,
Amendment 39-22467 (88 FR 42606, July 3, 2023) (AD 2023-12-09), which
mandates Transport Canada AD CF-2022-65, dated November 23, 2022, and
refers to ACLP Service Bulletin BD500-270020, Issue 001, dated
September 28, 2022 (or later revisions), for software installation.
The FAA has added paragraph (i)(3) of the proposed AD to mandate
the concurrent requirement and clarify applicable compliance times.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 133
[[Page 12500]]
airplanes of U.S. registry. The FAA estimates the following costs to
comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 1 work-hour x $85 $0................ $85............... $11,305.
2022[dash]25[dash]51. per hour = $85.
New proposed actions............ Up to 5 work-hours Up to $10,000..... Up to $10,425..... Up to $1,386,525.
x $85 per hour =
$425.
----------------------------------------------------------------------------------------------------------------
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(f), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-25-51, Amendment 39-22282
(87 FR 75911, December 12, 2022); and
0
b. Adding the following new AD:
Airbus Canada Limited Partnership (Type Certificate Previously Held
by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):
Docket No. FAA-2025-0344; Project Identifier MCAI-2024-00638-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 2, 2025.
(b) Affected ADs
This AD replaces AD 2022-25-51, Amendment 39-22282 (87 FR 75911,
December 12, 2022) (AD 2022-25-51).
(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 Model BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada AD CF-2024-36, dated October 22, 2024 (Transport Canada AD
CF-2024-36).
(d) Subject
Air Transport Association (ATA) of America Code 22, Autoflight.
(e) Unsafe Condition
This AD was prompted by multiple in-service reports associated
with primary flight control computer (PFCC) software deficiencies
leading to nuisance messages on the engine-indicating and crew-
alerting system (EICAS) due to erroneous transmissions from the
remote electronic unit (REU). Investigations also indicated design
deficiencies in the PFCC software and a lack of software robustness,
which may not prevent an un-annunciated deployment of ground
spoilers or an inadvertent autopilot engagement during the take-off
roll. The FAA is issuing this AD to address the PFCC software
deficiencies leading to nuisance messages and the lack of PFCC
software robustness. The unsafe condition, if not addressed, could
lead to increased flightcrew workload as well as a large reduction
of safety margins. Additionally, during specific flight phases or in
combination with other failures, these conditions could lead to loss
of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of Existing AFM, With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2022-25-51, with no changes. Within 7 days after December 27, 2022
(the effective date of AD 2022-25-51), revise the Limitations
section of the existing airplane flight manual (AFM) to include the
information specified in figure 1 to paragraph (g) of this AD. This
may be accomplished by inserting a copy of figure 1 to paragraph (g)
of this AD into the existing AFM. Using an AFM revision that
includes information identical to that in figure 1 to paragraph (g)
of this AD is acceptable for compliance with the requirement of this
paragraph.
[[Page 12501]]
[GRAPHIC] [TIFF OMITTED] TP18MR25.000
(h) New Requirements of This AD
Except as specified in paragraph (i) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada AD CF-2024-36. Accomplishing the
software installation required by paragraph A. of Part II of
Transport Canada AD CF-2024-36 terminates the AFM revision required
by paragraph (g) of this AD.
(i) Exceptions to Transport Canada AD CF-2024-36
(1) This AD does not adopt the requirements of Part I of
Transport Canada AD CF-2024-36.
(2) Where Transport Canada AD CF-2024-36 refers to its effective
date, this AD requires using the effective date of this AD.
(3) For the airplanes identified in the ``Concurrent
requirements'' paragraph of the material referenced in Transport
Canada AD CF-2024-36: At the applicable time specified in paragraph
(i)(3)(i) or (ii), accomplish the concurrent PFCC software update
specified in the material referenced in Transport Canada AD CF-2024-
36.
(i) For airplanes identified in AD 2023-12-09 Amendment 39-22467
(88 FR 42606, July 3, 2023) (AD 2023-12-09): Prior to or
concurrently with the installation specified in paragraph A. of Part
II of Transport Canada AD CF-2024-36 but no later than the
compliance time specified in AD 2023-12-09.
(ii) For airplanes not identified in AD 2023-12-09: Prior to or
concurrently with the installation specified in paragraph A. of Part
II of Transport Canada AD CF-2024-36.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, AIR-
520, Continued Operational Safety 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 Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (k) of this AD and email to:
[email protected].
(i) 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, AIR-520,
Continued Operational Safety 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.
(k) Additional Information
For more information about this AD, contact Rochelle Montgomery,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 405-798-2043; email
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF-2024-36, dated October 22, 2024.
(ii) [Reserved]
(3) For Transport Canada material identified in this AD, 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) 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on March 7, 2025.
Victor Wicklund,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-03941 Filed 3-17-25; 8:45 am]
BILLING CODE 4910-13-P