[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72416-72419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25695]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1483; Project Identifier MCAI-2022-00435-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-
500-1A11 airplanes. This proposed AD was prompted by a report from the 
supplier of a manufacturing quality escape in which some sensing 
elements were manufactured with insufficient salt fill. This could 
result in an inability to detect hot bleed air leaks. This proposed AD 
would require, depending on airplane serial number, reviewing the 
airplane maintenance records for affected bleed leak detection system 
sensing elements, testing the sensing elements, replacing those that 
fail, and witness marking those that pass, as specified in a Transport 
Canada Civil Aviation (TCCA) AD, which is proposed for incorporation by 
reference. This proposed AD would also prohibit the installation of 
affected parts under certain conditions. The FAA is

[[Page 72417]]

proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 9, 
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-2022-1483; 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 TCCA material that will be incorporated by reference 
(IBR) in this AD, contact TCCA, Transport Canada National Aircraft 
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; 
telephone 888-663-3639; email [email protected]; website tc.canada.ca/en/
aviation.
     For Kidde Aerospace & Defense service information 
identified in this NPRM, contact Kidde Aerospace & Defense, 4200 
Airport Drive NW, Building B, Wilson, NC 27896; telephone: 319-295-
5000; website: kiddetechnologies.com/aviation.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
fax 516-794-5531; 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-2022-1483; Project Identifier 
MCAI-2022-00435-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 
Thomas Niczky, Aerospace Engineer, Avionics and Electrical Systems 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; fax 516-794-5531; email [email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    TCCA, which is the aviation authority for Canada, has issued TCCA 
AD CF-2022-13, dated March 28, 2022 (TCCA AD CF-2022-13) (also referred 
to as the MCAI), to correct an unsafe condition for certain Airbus 
Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. 
The MCAI states that Airbus Canada Limited Partnership received 
disclosure letters from the supplier that reported a manufacturing 
quality escape in which some of the overheat detection sensing elements 
were manufactured with insufficient salt fill. These sensing elements 
are used by the bleed air leak detection system for temperature 
detection in the event of a hot bleed air leak. Insufficient salt fill 
can result in an inability to detect hot bleed air leaks, which can 
cause damage to surrounding structures and systems that could prevent 
continued safe flight and landing.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1483.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2022-13 specifies procedures for, depending on airplane 
serial number, reviewing the airplane maintenance records for affected 
bleed leak detection system sensing elements, testing the sensing 
elements, replacing those that fail, and witness marking those that 
pass. TCCA AD CF-2022-13 also prohibits the installation of any 
affected parts unless it is a serviceable part.
    Kidde Aerospace & Defense Service Bulletin CFD-26-1, Revision 6, 
dated February 28, 2022, specifies affected continuous fire detector 
(CFD) part numbers and testing procedures.
    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 the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described 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 require accomplishing the actions specified 
in TCCA AD CF-2022-13 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

[[Page 72418]]

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 TCCA AD CF-2022-13 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
TCCA AD CF-2022-13 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 TCCA AD CF-2022-13 
for compliance will be available at regulations.gov under Docket No. 
FAA-2022-1483 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 69 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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             Labor cost                Parts cost           Cost per product           Cost on U.S.  operators
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Up to 125 work[dash]hours x $85 per               0  Up to $10,625................  Up to $552,500.
 hour = $10,625 (for Group A, 52
 airplanes).
Up to 1 work[dash]hours x $85 per                 0  Up to $85....................  Up to $1,445.
 hour = $85 (for Group B, 17
 airplanes).
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 58 work-hours x $85 per hour =      Up to $101,045....................  Up to $105,975.
 $4,930 (for Group A airplanes).
Up to 183 work-hours x $85 per hour =     Up to $101,045....................  Up to $116,600.
 $15,555 (for Group B airplanes).
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    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-2022-1483; Project Identifier MCAI-2022-00435-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, as 
identified in Transport Canada Civil Aviation (TCCA) AD CF-2022-13, 
dated March 28, 2022 (TCCA AD CF-2022-13).

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a report from the supplier of overheat 
detection sensing elements that there was a manufacturing quality 
escape in which some sensing elements were manufactured with 
insufficient salt fill. The FAA is issuing this AD to address 
insufficient salt fill of the

[[Page 72419]]

overheat detection sensing elements. The unsafe condition, if not 
addressed, could result in an inability to detect hot bleed air 
leaks, which can cause damage to surrounding structures and systems 
that could prevent continued safe flight and landing.

(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, TCCA AD CF-2022-13.

(h) Exception to TCCA AD CF-2022-13

    (1) Where TCCA AD CF-2022-13 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where TCCA AD CF-2022-13 refers to hours air time, this AD 
requires using flight hours.
    (3) Where TCCA AD CF-2022-13 defines ``Affected part'' and 
refers to part numbers in a certain service bulletin, for this AD, 
operators must use Kidde Aerospace and Defense Service Bulletin CFD-
26-1, Revision 6, dated February 28, 2022, to determine the part 
number.
    (4) Where ``Part I'' of TCCA AD CF-2022-13 specifies the parts 
installation prohibition for certain airplanes, replace the text 
``associated with Part A through Part J of the first SB or Part A 
through Part C of the second SB'' with ``associated with Part A 
through Part J of ACLP SB BD500-362002 Issue 001, dated February 18, 
2022, or Part A through Part C of ACLP SB BD500-362003 Issue 001, 
dated February 18, 2022.''

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the responsible Flight 
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or TCCA; or Airbus Canada Limited Partnership's TCCA 
Design Approval Organization (DAO). If approved by the DAO, the 
approval must include the DAO-authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (i)(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.

(j) Additional Information

    For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; fax 516-794-5531; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada Civil Aviation (TCCA) AD CF-2022-13, dated 
March 28, 2022.
    (ii) Kidde Aerospace & Defense Service Bulletin CFD-26-1 
Revision 6, dated February 28, 2022.
    (3) For TCCA AD CF-2022-13, contact TCCA, 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 Kidde Aerospace & Defense service information, contact 
Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B, 
Wilson, NC 27896; telephone: 319-295-5000; website: 
kiddetechnologies.com/aviation.com.
    (5) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (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 November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25695 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


