[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69018-69020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22086]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1501; Project Identifier MCAI-2023-00647-T; 
Amendment 39-22560; AD 2023-20-01]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a report the engine fire 
extinguishing control and indication system did not illuminate 
correctly. This AD requires installing a software update to the 
integrated cockpit control panel (ICCP) remote data concentrator (RDC), 
as specified in a Transport Canada AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 9, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1501; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For material incorporated by reference in this AD, contact 
Transport Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email <a href="/cdn-cgi/l/email-protection#bbeff895fad2c9ccd4c9cfd3d2d5dec8c8ffd2c9ded8cfd2cddec896f8d4d5c8d2dcd5dec8dfded5dacdd2dcdad9d2d7d2cfde95eff8fbcfd895dcd895d8da"><span class="__cf_email__" data-cfemail="4410076a052d36332b36302c2d2a213737002d362127302d32213769072b2a372d232a213720212a25322d2325262d282d30216a10070430276a23276a2725">[email protected]</span></a>; website tc.canada.ca/en/aviation.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1501.

FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#291004485f5a044750484a46044a465a694f4848074e465f"><span class="__cf_email__" data-cfemail="390014584f4a145740585a56145a564a795f5858175e564f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM published in the Federal Register on July 20, 2023 (88 FR 46702). 
The NPRM was prompted by AD CF-2023-28, dated May 4, 2023, issued by 
Transport Canada, which is the aviation authority for Canada (Transport 
Canada AD CF-2023-28) (also referred to as the MCAI). The MCAI states a 
deficiency in the design of the engine fire extinguishing control and 
indication system was discovered. After the loss of one hot battery DC 
bus, the AVAIL legend on BTL 1 and BTL 2 push button annunciators 
(PBAs) will not illuminate green upon pressing the corresponding ENG 
FIRE PBA. This condition affects both L ENG FIRE and R ENG FIRE PBAs on 
the overhead panel. The misleading indication given by the AVAIL legend 
on BTL 1 and BTL 2 PBAs will affect the crew's assessment of the 
situation. The crew may hesitate to extinguish an engine fire despite 
having access to a functional engine fire extinguishing system, or may 
reselect the FIRE PBA, resulting in loss of the ability to isolate and 
extinguish the fire.
    In the NPRM, the FAA proposed to require installing a software 
update to the ICCP RDC, as specified in Transport Canada AD CF-2023-28. 
The FAA is issuing 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-2023-1501.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received an additional comment from Delta Air Lines 
(Delta). The following presents the comment received on the NPRM and 
the FAA's response.

Request To Clarify Software Installation Requirements

    Delta requested that an additional exception be added to paragraph 
(h) of the proposed AD to clarify that it is acceptable to use a 
different method of upgrading the software, using Airbus Canada Limited 
Partnership Service Bulletin BD500-311001, Issue 001, dated March 14, 
2023, only as a reference. Delta explained that it has a different 
policy for installing software that requires the use of a Portable 
Maintenance Access Terminal (PMAT), model PMAT2000, instead of a USB 
device.
    The FAA partially agrees with the proposed changes. The FAA agrees 
to clarify that the PMAT method is

[[Page 69019]]

permitted, but the FAA will not require the use of a specific model of 
PMAT. Also, using the service information as a reference must be 
specified in a note rather than in the paragraph itself. Therefore, a 
single paragraph (h)(2) has been added to this AD to provide this 
clarification, and a note has been added regarding the use of Airbus 
Canada Limited Partnership Service Bulletin BD500-311001, Issue 001, 
dated March 14, 2023, as a reference.

Conclusion

    These products have been approved by the aviation authority of 
another country and are 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 reviewed the relevant data, 
considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes, and any other changes described previously, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2023-28 specifies procedures for installing 
the software update to the ICCP RDC to restore the intended 
functionality of the PBA green indications. 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.

Costs of Compliance

    The FAA estimates that this AD affects 76 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Labor cost                  Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 6 work-hours x $85 per hour  Up to $7,500........  Up to $8,010.......  Up to $608,760.
 = Up to $510.
----------------------------------------------------------------------------------------------------------------

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2023-20-01 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22560; Docket No. FAA-2023-1501; 
Project Identifier MCAI-2023-00647-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 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-2023-28, dated May 4, 2023 (Transport Canada AD CF-
2023-28).

(d) Subject

    Air Transport Association (ATA) of America Code: 26, Fire 
protection.

(e) Unsafe Condition

    This AD was prompted by a report the engine fire extinguishing 
control and indication system did not illuminate correctly. The FAA 
is issuing this AD to address the misleading indication given by the 
AVAIL legend on BTL 1 and BTL 2 push button annunciators (PBAs) that 
will affect the crew's assessment of the situation. The unsafe 
condition, if not addressed, could result in the crew hesitating to 
extinguish an engine fire despite having access to a functional 
engine fire extinguishing system, or reselecting the FIRE PBA, 
resulting in loss of the ability to isolate and extinguish the fire.

(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-2023-28.

[[Page 69020]]

(h) Exceptions to Transport Canada AD CF-2023-28

    (1) Where Transport Canada AD CF-2023-28 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2023-28 specifies installing 
software updates on the integrated cockpit control panel remote data 
concentrator 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 upgrading the software can be found in Airbus Canada 
Limited Partnership Service Bulletin BD500-311001, Issue 001, dated 
March 14, 2023.

(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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j)(1) of this AD or email to: <a href="/cdn-cgi/l/email-protection#9ea7b3dfc8cdb3dfd7ccb3a9adaeb3dfd3d1dddef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="7f46523e292c523e362d52484c4f523e32303c3f191e1e51181009">[email protected]</span></a>. If mailing information, also submit information by 
email. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or Transport Canada; or Airbus Canada 
Limited Partnership's Transport Canada Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (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 William 
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; email: <a href="/cdn-cgi/l/email-protection#477e6a2631346a293e2624286a2428340721262669202831"><span class="__cf_email__" data-cfemail="30091d5146431d5e4951535f1d535f43705651511e575f46">[email protected]</span></a>.
    (2) For Airbus Canada Limited Partnership 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 <a href="/cdn-cgi/l/email-protection#63025151533c001100230201004d020a11011610"><span class="__cf_email__" data-cfemail="05643737355a667766456467662b646c77677076">[email protected]</span></a>; website a220world.airbus.com. This Airbus 
Canada Limited Partnership service information is also available at 
the address specified in paragraph (k)(4) 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-2023-28, dated May 4, 2023.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2023-28, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email: <a href="/cdn-cgi/l/email-protection#d98d9af798b0abaeb6abadb1b0b7bcaaaa9db0abbcbaadb0afbcaaf49ab6b7aab0beb7bcaabdbcb7b8afb0beb8bbb0b5b0adbcf78d9a99adbaf7bebaf7bab8"><span class="__cf_email__" data-cfemail="b3e7f09df2dac1c4dcc1c7dbdaddd6c0c0f7dac1d6d0c7dac5d6c09ef0dcddc0dad4ddd6c0d7d6ddd2c5dad4d2d1dadfdac7d69de7f0f3c7d09dd4d09dd0d2">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#1076623e797e6360757364797f7e507e7162713e777f66"><span class="__cf_email__" data-cfemail="5234207c3b3c21223731263b3d3c123c3320337c353d24">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 25, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22086 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


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