[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Proposed Rules]
[Pages 80427-80430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22662]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2326; Project Identifier MCAI-2023-01048-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 supersede Airworthiness Directive (AD) 
2022-19-09, which applies to all Airbus Canada Limited Partnership 
Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2022-19-09 requires 
repetitive inspections of the left and right main landing gear (MLG) 
lower spindle pins to detect corrosion, and applicable repair or 
replacement. Since the FAA issued AD 2022-19-09, the tracking of flight 
cycles for inspections was changed from the usage of the MLG to the 
usage of MLG lower spindle assemblies and a replacement was developed, 
which would terminate the inspections. This proposed AD continues to 
require certain actions in AD 2022-19-09, would change the tracking of 
flight cycles for inspections from the usage of the MLG to the usage of 
MLG lower spindle assemblies, and would require replacement of affected 
MLG lower spindle assemblies, as specified in a Transport Canada AD, 
which is proposed for incorporation by reference (IBR). This proposed 
AD also would remove airplanes from the applicability. This proposed AD 
would also prohibit the installation of affected parts under certain 
conditions. 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 November 
18, 2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2024-2326; 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:
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#1145523f507863667e636579787f746262557863747265786774623c527e7f6278767f746275747f706778767073787d7865743f45525165723f76723f7270"><span class="__cf_email__" data-cfemail="2074630e614952574f525448494e455353644952454354495645530d634f4e5349474e455344454e415649474142494c4954450e74636054430e47430e4341">[email protected]</span></a>. You may find this material on the 
Transport Canada website at tc.canada.ca/en/aviation. It is also 
available at regulations.gov under Docket No. FAA-2024-2326.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South

[[Page 80428]]

216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Fatin Saumik, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#023b2f6374712f6c7b63616d2f616d71426463632c656d74"><span class="__cf_email__" data-cfemail="635a4e0215104e0d1a02000c4e000c10230502024d040c15">[email protected]</span></a>.

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-2024-2326; 
Project Identifier MCAI-2023-01048-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 Fatin 
Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#c5fce8a4b3b6e8abbca4a6aae8a6aab685a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="172e3a7661643a796e7674783a7478645771767639707861">[email protected]</span></a>. 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 2022-19-09, Amendment 39-22178 (87 FR 57799, 
September 22, 2022) (AD 2022-19-09), for all Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2022-19-09 
was prompted by an MCAI originated by Transport Canada, which is the 
aviation authority for Canada. Transport Canada issued AD CF-2021-22R1, 
dated May 13, 2022 (Transport Canada AD CF-2021-22R1), to correct an 
unsafe condition.
    AD 2022-19-09 requires repetitive inspections of the left and right 
MLG lower spindle pins to detect corrosion, and applicable repair or 
replacement if necessary. The FAA issued AD 2022-19-09 to address 
corrosion and subsequent cracking of the MLG lower spindle pin, which 
could result in failure of the pin, and consequent collapse of the MLG.

Actions Since AD 2022-19-09 Was Issued

    The preamble to AD 2022-19-09 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 2022-19-09, Transport Canada superseded AD 
CF-2021-22R1 and issued AD CF-2023-66, dated October 3, 2023 (Transport 
Canada AD CF-2023-66) (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 the 
tracking of usage was changed from the MLG to the MLG lower spindle 
assembly for inspections. The MCAI also states that the replacement of 
the MLG lower spindle assembly, P/N 4115A0500-01, 4115A0500-02 or 
5965A0500-01, with P/N 4115A0500-03 on Model BD-500-1A10 airplanes, or 
P/N 5965A0500-02 on Model BD-500-1A11 airplanes constitutes a 
terminating action to the initial and repetitive inspection 
requirement. The MCAI also removed airplanes from the applicability 
because Model BD-500-1A10 airplanes, serial numbers 50068 and 
subsequent, and Model BD-500-1A11 airplanes, serial numbers 55249 and 
subsequent, have a newly designed MLG lower spindle assembly installed.
    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-2024-2326.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2022-19-09, this proposed AD would retain certain of 
the requirements of AD 2022-19-09. Those requirements are referenced in 
Transport Canada AD CF-2023-66, which, in turn, is referenced in 
paragraph (g) of this proposed AD.

Material Incorporated by Reference Under 1 CFR Part 51

    Transport Canada AD CF-2023-66 specifies procedures for repetitive 
inspections (including general visual and detailed inspections, and 
liquid penetrant inspections) of the left and right MLG lower spindle 
assembly part number (P/N) 4115A0500-01, 4115A0500-02 or 5965A0500-01 
for corrosion, and applicable repair or replacement of the MLG lower 
spindle assembly with the same P/N 4115A0500-01, 4115A0500-02, or 
5965A0500-01.
    Transport Canada AD CF-2023-66 also specifies procedures to replace 
MLG lower spindle assemblies, P/N 4115A0500-01, 4115A0500-02, and 
5965A0500-01, with P/N 4115A0500-03 (for Model BD-500-1A10 airplanes), 
or P/N 5965A0500-02 (for Model BD-500-1A11 airplanes), which 
constitutes a terminating action to the initial and repetitive 
inspection requirement.
    Transport Canada AD CF-2023-66 also prohibits the installation of 
MLG lower spindle assembly P/N 4115A0500-01, 415A0500-02, or 5965A0500-
01 on any airplane once an airplane has installed P/N 4115A0500-03 or 
P/N 5965A0500-02.
    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.

[[Page 80429]]

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2022-19-
09. This proposed AD would require accomplishing the actions specified 
in Transport Canada AD CF-2023-66 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. This proposed AD would also prohibit the installation of 
affected parts under certain conditions.

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-2023-66 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2023-66 in its entirety 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-2023-66 for compliance will be available at 
regulations.gov under Docket No. FAA-2024-2326 after the FAA final rule 
is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 98 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 2022-  Up to 25 work-    $0...................  Up to $2,125.........  Up to $208,250
 19-09.                          hours x $85 per                                                 per inspection
                                 hour = $2,125.                                                  cycle.
New proposed replacement......  Up to 26 work-    Up to $37,077........  Up to $39,287........  Up to
                                 hours x $85 per                                                 $3,850,126.
                                 hour = $2,210.
----------------------------------------------------------------------------------------------------------------

    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 4 work-hours x $85 per hour = $340.  Up to $37,077...............  Up to $37,417.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the cost estimate.

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:
0
a. Removing Airworthiness Directive (AD) 2022-19-09, Amendment 39-22178 
(87 FR 57799, September 22, 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-2024-2326; Project Identifier MCAI-2023-01048-T.

[[Page 80430]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 18, 2024.

(b) Affected ADs

    This AD replaces AD 2022-19-09, Amendment 39-22178 (87 FR 57799, 
September 22, 2022) (AD 2022-19-09).

(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-2023-66, dated October 3, 2023 (Transport Canada AD CF-
2023-66).

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
Gear.

(e) Unsafe Condition

    This AD was prompted by reports of in-service findings of 
corrosion on the flange of the main landing gear (MLG) lower spindle 
pin. The FAA is issuing this AD to address corrosion and subsequent 
cracking of the MLG lower spindle pin. The unsafe condition, if not 
addressed, could result in failure of the pin, and consequent 
collapse of the MLG.

(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-2023-66.

(h) Exceptions to Transport Canada AD CF-2023-66

    (1) Where Transport Canada AD CF-2023-66 refers to May 20, 2021, 
the effective date of Transport Canada AD CF-2021-18, this AD 
requires using October 27, 2022 (the effective date of AD 2022-19-
09).
    (2) Transport Canada AD CF-2023-66 refers to its effective date, 
this AD requires using the effective date of this AD.
    (3) Where Part I of Transport Canada AD CF-2023-66 specifies 
``Initial inspections carried out,'' for this AD, replace that text 
with ``Initial inspections and applicable repairs and replacements 
carried out.''
    (4) Where Part II of Transport Canada AD CF-2023-66 specifies 
``Repetitive inspections carried out,'' for this AD, replace that 
text with ``Repetitive inspections and applicable repairs and 
replacements carried out.''
    (5) Where Part III of Transport Canada AD CF-2023-66 specifies a 
compliance time for the terminating action, for this AD, the 
compliance time is within the time specified in Part III of 
Transport Canada AD CF-2023-66, or within 60 days after the 
effective date of this AD, whichever occurs later.

 (i) No Reporting or Return of Parts Requirement

    Although the material referenced in Transport Canada AD CF-2023-
66 specifies to submit certain information and send removed parts to 
the manufacturer, this AD does not include that requirement.

 (j) 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 (k)(1) of this AD. Information may be emailed to: 9-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="a8e9fefb85e6f1e9ebe785ebe7fbe8cec9c986cfc7de">[email protected]</a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2022-19-09 are approved as 
AMOCs for the corresponding provisions of Transport Canada AD CF-
2021-22R1 that are required by paragraph (g) of this AD.
    (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.

 (k) Additional Information

    (1) For more information about this AD, contact Fatin Saumik, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#556c78342326783b2c34363a78363a26153334347b323a23"><span class="__cf_email__" data-cfemail="85bca8e4f3f6a8ebfce4e6eaa8e6eaf6c5e3e4e4abe2eaf3">[email protected]</span></a>.
    (2) For Airbus Canada Limited Partnership material 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#fb9ac9c9cba4988998bb9a9998d59a9289998e88"><span class="__cf_email__" data-cfemail="8beab9b9bbd4e8f9e8cbeae9e8a5eae2f9e9fef8">[email protected]</span></a>; internet https://a220world.airbus.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.

(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-2023-66, dated October 3, 2023.
    (ii) [Reserved]
    (3) For Transport Canada ADs CF-2023-66, 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#8adec9a4cbe3f8fde5f8fee2e3e4eff9f9cee3f8efe9fee3fceff9a7c9e5e4f9e3ede4eff9eeefe4ebfce3edebe8e3e6e3feefa4dec9cafee9a4ede9a4e9eb"><span class="__cf_email__" data-cfemail="7521365b341c07021a07011d1c1b100606311c071016011c03100658361a1b061c121b100611101b14031c1214171c191c01105b21363501165b12165b1614">[email protected]</span></a>. You may find this Transport 
Canada AD on the Transport Canada website at 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 <a href="/cdn-cgi/l/email-protection#86bae7a6eef4e3e0bb" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="a1c8c3d38ccdcec2c0d5c8cecfd2ced3c4ccc0c8cdc7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="660f04144b0a090507120f0908150914030b070f0a0014480f0815160305120f0908260807140748010910">[email protected]</span></a></a>.

    Issued on September 27, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-22662 Filed 10-2-24; 8:45 am]
BILLING CODE 4910-13-P


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