[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19019-19021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06492]
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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.
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Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 /
Proposed Rules
[[Page 19019]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-0654; Project Identifier MCAI-2022-01505-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 reports that,
during instrument landing system (ILS) approaches, the flight control
system reverted from primary flight control computer (PFCC) normal mode
operating in autopilot to remote electronics unit (REU) direct mode,
and then, after a period of time, to PFCC direct mode. This proposed AD
would require installation of a PFCC software update; and a records
review or detailed inspection to identify pre-existing repairs or
damage within certain limits to certain structures, and obtaining and
following additional instructions if necessary; 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 15,
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-2023-0654; 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 material that is proposed for IBR in this NPRM,
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. It is also available at regulations.gov under Docket No. FAA-
2023-0654.
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.
FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aerospace
Engineer, Avionics & Electrical Systems Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7367; 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-2023-0654; Project Identifier
MCAI-2022-01505-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
Steven Dzierzynski, Aerospace Engineer, Avionics & Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; 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
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2022-65, dated November 23, 2022
(Transport Canada AD CF-2022-65) (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 airplanes equipped with the CAT IIIB Autoland option, have
had numerous occurrences during ILS approaches where the flight control
system has reverted from PFCC normal
[[Page 19020]]
mode operating in autopilot to REU direct mode, and then, after a
period of time, to PFCC direct mode. During these occurrences, the
caution message FLT CTRL DIRECT is posted on the engine indication and
crew alerting system (EICAS). The MCAI states that it requires a PFCC
software update, which includes control law updates that require review
and disposition of previous repairs and damage assessments prior to
conducting the software update. These pre-existing repairs and damage
may exceed the Aircraft Structural Repair Publication (ASRP) permitted
damage limits for affected structures and would affect the control
laws.
The FAA is proposing this AD to address reversion to direct mode
during ILS approaches, which, if not corrected, could impact flight
control functions, which could prevent continued safe flight and
landing. See the MCAI for additional background information.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-0654.
Related Service Information Under 1 CFR Part 51
Transport Canada AD CF-2022-65 specifies procedures for installing
updated PFCC software; this installation includes pre-requisites that
must be met prior to the installation (installing certain database
versions and software). In addition, the installation requires a
records review or detailed inspection to identify pre-existing repairs
and damages (that were within ASRP limits) to certain structures and
obtaining and following additional instructions. 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.
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 Transport Canada AD CF-2022-65 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-2022-65 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2022-65 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-2022-65 for compliance will be
available at regulations.gov under Docket No. FAA-2023-0654 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 72 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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Cost per Cost on U.S.
Labor cost Parts cost product operators
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4 work-hours x $85 per hour = $340........................... $14 $354 $25,488
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this proposed AD.
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:
[[Page 19021]]
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-2023-0654; Project Identifier MCAI-2022-01505-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 15, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Canada Limited Partnership (Type
Certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada AD CF-2022-65, dated November 23, 2022 (Transport Canada AD
CF-2022-65).
(d) Subject
Air Transport Association (ATA) of America Code: 27, Flight
control system.
(e) Unsafe Condition
This AD was prompted by reports that, during instrument landing
system (ILS) approaches, the flight control system reverted from
primary flight control computer (PFCC) normal mode operating in
autopilot to remote electronics unit (REU) direct mode, and then,
after a period of time, to PFCC direct mode. The FAA is issuing this
AD to address reversion to direct mode during ILS approaches, which,
if not corrected, could impact flight control functions and 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, Transport Canada AD CF-2022-65.
(h) Exceptions to Transport Canada AD CF 2022-65
(1) Where Transport Canada AD CF-2022-65 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where the service information referenced in Transport Canada
AD CF-2022-65 specifies installing software updates on the PFCCs
using a USB-type device, this AD also allows the use of a portable
maintenance access terminal (PMAT)-type device.
Note 1 to paragraph (h)(2): When using a PMAT-type device,
guidance for updating the software can be found in Airbus Canada
Service Bulletin (SB) BD500-270020, Issue 001, dated September 28,
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; email [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, New York ACO
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 (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
(1) For more information about this AD, contact Steven
Dzierzynski, Aerospace Engineer, Avionics & Electrical Systems
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7367; email [email protected].
(2) For Airbus Canada service information identified in this AD
that is not incorporated by reference, 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.
(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 AD CF-2022-65, dated November 23, 2022.
(ii) [Reserved]
(3) For Transport Canada AD CF-2022-65, 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 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.
(5) 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 March 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-06492 Filed 3-29-23; 8:45 am]
BILLING CODE 4910-13-P