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.

Proposed Rules Federal Register

72008 

Vol. 88, No. 201 

Thursday, October 19, 2023 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1997; Project 

Identifier MCAI–2023–00383–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 adopt a 

new airworthiness directive (AD) for all 

Airbus Canada Limited Partnership 

Model BD–500–1A10 and BD–500– 

1A11 airplanes. This proposed AD was 

prompted by the determination that 

reliance on DAL D software for flight 

critical fly-by-wire (FBW) rigging 

functions may result in undetected 

inaccurate positioning of the primary 

flight control surfaces. This proposed 

AD would require the use of specific 

issues of the aircraft maintenance 

publication (AMP) for electrical rigging 

procedures, and an electrical rigging 

confirmation check of primary flight 

control surfaces for certain airplanes, 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 December 4, 

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–2023–1997; 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 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. 

You may find this material on the 

Transport Canada website at 

tc.canada.ca/en/aviation. 

• You may view this material at the

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

FOR FURTHER INFORMATION CONTACT: 

William Reisenauer, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

516–228–7300; email: 9-avs-nyaco-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–2023–1997; Project Identifier 

MCAI–2023–00383–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 William Reisenauer, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; phone: 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 

Transport Canada, which is the 

aviation authority for Canada, has 

issued Transport Canada AD CF–2023– 

15, dated March 2, 2023 (Transport 

Canada AD CF–2023–15) (also referred 

to as the MCAI), to correct an unsafe 

condition for all Airbus Canada Limited 

Partnership Model BD–500–1A10 and 

BD–500–1A11 airplanes. The MCAI 

states that during the airplane design 

review, it was discovered that the FBW 

electrical rigging functions rely in part 

on the primary flight control computer 

maintenance partition certified to 

design assurance level (DAL) D. The 

reliance on DAL D software for flight 

critical FBW rigging functions may 

result in undetected inaccurate 


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72009 

positioning of the primary flight control 

surfaces. 

The FAA is issuing this AD to ensure 

accurate rigging of the aircraft primary 

flight control surfaces. Undetected 

inaccurate positioning of the primary 

flight control surfaces, in combination 

with an additional failure or extreme 

maneuvers, can lead to runway 

excursion or exceedance of the structure 

ultimate load. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1997. 

Related Service Information Under 1 

CFR Part 51 

Transport Canada AD CF–2023–15 

specifies using specific AMP issues for 

electrical rigging procedures for primary 

flight control surfaces, and, for certain 

airplanes, performing an electrical 

rigging confirmation check of primary 

flight control surfaces. 

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 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 require 

accomplishing the actions specified in 

Transport Canada AD CF–2023–15 

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– 

2023–15 by reference in the FAA final 

rule. This proposed AD would, 

therefore, require compliance with 

Transport Canada AD CF–2023–15 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– 

2023–15 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–1997 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

Labor cost Parts cost Cost per product Cost on U.S. operators 

Up to 9 work-hours × $85 per hour = $765 .......................... $0 Up to $765 ............................. Up to $55,080. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [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); 

Bombardier, Inc.): Docket No. FAA– 

2023–1997; Project Identifier MCAI– 

2023–00383–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by December 4, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all 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. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight Controls. 


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72010 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

(e) Unsafe Condition

It is possible that the surface travel checks

were not done after the electrical rigging of 

the ailerons, the elevators, and the rudder. If 

this occurs, it is possible that the ailerons, 

the elevators, and the rudder will not be able 

to reach their maximum travel or return to 

their neutral position. The FAA is issuing 

this AD to ensure accurate rigging of the 

aircraft primary flight control surfaces by 

adding physical travel and centering checks 

of primary flight control surfaces. The unsafe 

condition, if not addressed, could result in 

undetected inaccurate positioning of the 

primary flight control surfaces which in 

combination with an additional failure or 

extreme maneuvers can lead to runway 

excursion or structure ultimate load 

exceedance. 

(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– 

2023–15, dated March 2, 2023 (Transport 

Canada AD CF–2023–15). 

(h) Exception to Transport Canada AD CF–

2023–15

In Transport Canada AD CF–2023–15, 

instead of using the compliance time 

specified in Part II, comply with Part II at the 

later of the times specified in paragraphs 

(h)(1) and (2) of this AD. 

(1) For airplanes on which the actions

specified in Airbus Canada Limited 

Partnership A220 Service Bulletin BD500– 

270016 have not been done before the 

effective date of this AD: Within 930 flight 

hours after the effective date of this AD. 

(2) For airplanes on which the actions

specified in Airbus Canada Limited 

Partnership A220 Service Bulletin BD500– 

270016 have been done before the effective 

date of this AD: Within 4,900 flight hours 

after accomplishment of the actions specified 

in Airbus Canada Limited Partnership A220 

Service Bulletin BD500–270016, or within 

930 flight hours after the effective date of this 

AD, whichever occurs later. 

(i) 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 (j)(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 

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. 

(j) Additional Information

(1) For more information about this AD,

contact William Reisenauer, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: 516–228– 

7300; email: 9-avs-nyaco-cos@faa.gov. 

(2) Service information identified in this

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (k)(3) of this AD. 

(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–2023–15

dated March 2, 2023. 

(ii) [Reserved]

(3) For service information identified 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. 

(4) You may view this material at the FAA,

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material that is

incorporated by reference at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at NARA, email 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on October 5, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–22546 Filed 10–18–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 7 

[NPS–CAHA–NPS0036286; 233P103601— 

PPSECAHAS0—PPMPSPD1Z.YM0000] 

RIN 1024–AE83 

Cape Hatteras National Seashore; 

Bicycling 

AGENCY: National Park Service, Interior. 

ACTION: Proposed rule. 

SUMMARY: The National Park Service 

proposes to amend the special 

regulations for Cape Hatteras National 

Seashore to allow for bicycle use on an 

approximately 1.6-mile multi-use 

pathway to be constructed in the 

Hatteras Island District of the Seashore. 

DATES: Comments on the proposed rule 

must be received by 11:59 p.m. EDT on 

December 18, 2023. 

ADDRESSES: You may submit comments, 

identified by Regulation Identifier 

Number (RIN) 1024–AE83, by either of 

the following methods: 

(1) Electronically: Go to the Federal

eRulemaking Portal: https://

www.regulations.gov/. Follow the 

instructions for submitting comments. 

(2) By hard copy: Mail to:

Superintendent, Cape Hatteras National 

Seashore, 1401 National Park Drive, 

Manteo, North Carolina 27954. 

Document Availability: The Construct 

Multi-use Pathway in Hatteras Island 

District Environmental Assessment 

(EA), Finding of No Significant Impact 

(FONSI), and related project documents 

provide information and context for this 

proposed rule and are available online 

at https://parkplanning.nps.gov/

parkHome.cfm?parkID=358 by clicking 

the link entitled ‘‘Construct Multi-Use 

Pathway in Hatteras Island District’’ and 

then clicking the link entitled 

‘‘Document List.’’ 

Instructions: Comments will not be 

accepted by fax, email, or in any way 

other than those specified above. All 

submissions received must include the 

words ‘‘National Park Service’’ or 

‘‘NPS’’ and must include the docket 

number or RIN (1024–AE83) for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. 

Docket: For access to the docket to 

read comments received, go to https:// 

www.regulations.gov/ and search for 

‘‘1024–AE83.’’ 

FOR FURTHER INFORMATION CONTACT: 

David Hallac, Superintendent, Cape 

Hatteras National Seashore; (252) 473– 


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