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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4148-4150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01567]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0615; Project Identifier MCAI-2021-00177-T; 
Amendment 39-21886; AD 2021-26-27]
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 indicating that during 
production, the manual opening and closing of the over-wing emergency 
exit door (OWEED) prior to the installation of the OWEED interior panel 
could have resulted in damaged insulation blankets below the left and 
right OWEEDs. This AD requires a one-time inspection for damage of the 
insulation blankets below the left and right OWEEDs, and replacement if 
necessary, as specified in a Transport Canada Civil Aviation (TCCA) 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 March 3, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 3, 
2022.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact the TCCA, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; internet https://tc.canada.ca/en/aviation. 
You may view this IBR 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. It is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0615.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0615; 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.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    TCCA, which is the aviation authority for Canada, issued TCCA AD 
CF-2021-03 on February 11, 2021 (TCCA AD CF-2021-03) (also referred to 
as the Mandatory Continuing Airworthiness Information, or the MCAI), to 
correct an unsafe condition for certain Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes.
    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

[[Page 4149]]

BD-500-1A11 airplanes. The NPRM published in the Federal Register on 
August 3, 2021 (86 FR 41788). The NPRM was prompted by a report 
indicating that during production, the manual opening and closing of 
the OWEED prior to the installation of the OWEED interior panel could 
have resulted in damaged insulation blankets below the left and right 
OWEEDs. The NPRM proposed to require a one-time inspection for damage 
of the insulation blankets below the left and right OWEEDs, and 
replacement if necessary, as specified in TCCA AD CF-2021-03.
    The FAA is issuing this AD to address potential damage to the 
insulation blankets, which could result in delayed passenger evacuation 
in the event of post-crash/post-impact fire events outside the 
airplane. See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter, Delta Air Lines 
(DAL). The following presents the comment received on the NPRM and the 
FAA's response to that comment.

Request To Omit Exception

    DAL asked that the FAA remove the exception identified in paragraph 
(h)(2) of the proposed AD, since it provides no value to the end 
product. DAL stated that the instructions in TCCA AD 
CF[dash]2021[dash]03, and Airbus Canada Service Bulletin 
BD500[dash]258003, Issue 001, dated November 5, 2020, include 
implementation of corrective action for discrepancies, and neither 
allows deferring any corrective actions beyond maintenance after the 
inspection is done and corrosion is documented.
    The FAA does not agree with the commenter's request. This exception 
was included to require replacement of any damaged insulation blanket 
before further flight, because no separate compliance time was provided 
in the referenced service information for the corrective actions. 
Without the exception specified in paragraph (h)(2) of this AD, 
operators could wait until the end of the compliance time (4,500 flight 
hours or 24 months after the effective date of this AD, whichever 
occurs first) to replace damaged insulation blankets, instead of 
replacing them before further flight. Therefore, the FAA has not 
changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2021-03 describes procedures for a one-time visual 
inspection for damage of the insulation blankets below the left and 
right OWEEDs, and replacement of any damaged insulation blankets. 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 33 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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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3 work-hours x $85 per hour = $255...........................              $0             $255           $8,415
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that will be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Action
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....            $150             $320
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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.

[[Page 4150]]

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:

2021-26-27 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-21886; Docket No. FAA-2021-0615; 
Project Identifier MCAI-2021-00177-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 3, 2022.

(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 Civil Aviation (TCCA) AD CF-2021-03, issued February 11, 2021 
(TCCA AD CF-2021-03).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.

(e) Reason

    This AD was prompted by a report indicating that during 
production, the manual opening and closing of the over-wing 
emergency exit door (OWEED) prior to the installation of the OWEED 
interior panel could have resulted in damaged insulation blankets 
below the left and right OWEEDs. The FAA is issuing this AD to 
address this condition, which could result in delayed passenger 
evacuation in the event of post-crash/post-impact fire events 
outside the airplane.

(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-2021-03.

(h) Exceptions to TCCA AD CF-2021-03

    (1) Where TCCA AD CF-2021-03 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where TCCA AD CF-2021-03 specifies replacement of damaged 
blankets, this AD requires replacement before further flight after 
damage is detected.
    (3) Where TCCA AD CF-2021-03 refers to ``hours air time,'' this 
AD requires using flight hours.

(i) Other FAA 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 local Flight Standards District 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; fax 516-794-5531. Before 
using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
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's TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(j) Related Information

    For more information about this AD, contact Elizabeth Dowling, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531; email 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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-2021-03, issued 
February 11, 2021.
    (ii) [Reserved]
    (3) For TCCA AD CF-2021-03, contact Transport Canada National 
Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 
0N5, Canada; telephone 888-663-3639; email [email protected]; internet 
https://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 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 17, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01567 Filed 1-26-22; 8:45 am]
BILLING CODE 4910-13-P
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