[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Proposed Rules]
[Pages 19815-19818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07161]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0393; Project Identifier MCAI-2021-01249-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 the discovery that 
overwing emergency exit door (OWEED) handle covers were difficult to 
open on some airplanes. This proposed AD would require replacing the 
existing OWEED handle cover brackets with newly designed OWEED handle 
cover brackets and the installation of a placard regarding this 
replacement, as specified in Transport Canada Civil Aviation (TCCA) AD, 
which is proposed for incorporation by reference. 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 23, 
2022.

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 https://www.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.
    For material that will be incorporated by reference (IBR) in this 
AD, contact TCCA, 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#dc9d98f19f929ca8bff2bbbff2bfbd"><span class="__cf_email__" data-cfemail="c18085ec828f81b5a2efa6a2efa2a0">[email protected]</span></a>; internet https://tc.canada.ca/en/aviation. 
You may view this material at the FAA, Airworthiness Products Section, 
Operational Safety

[[Page 19816]]

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 at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0393.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0393; 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.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 201-674-2367; email <a href="/cdn-cgi/l/email-protection#c780a6a5b5aea2abe983e98caeaa87a1a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="410620233328242d6f056f0a282c012720206f262e37">[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 ADDRESSES. Include ``Docket No. FAA-2022-0393; Project Identifier 
MCAI-2021-01249-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 
https://www.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 
Gabriel Kim, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 201-674-2367; email 
<a href="/cdn-cgi/l/email-protection#26615447444f434a0862086d4f4b6640474708414950"><span class="__cf_email__" data-cfemail="df98adbebdb6bab3f19bf194b6b29fb9bebef1b8b0a9">[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 TCCA, which is the aviation authority for Canada, has issued 
TCCA AD CF-2021-39, dated November 10, 2021 (TCCA AD CF-2021-39) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Airbus Canada Limited Partnership Models BD-500-1A10 and BD-500-1A11 
airplanes.
    This proposed AD was prompted by the discovery that overwing 
emergency exit door (OWEED) handle covers were difficult to open on 
some airplanes. An investigation revealed that brackets of certain 
OWEED handle covers are prone to flexure, thus increasing the force 
necessary to remove the OWEED handle cover beyond design requirements. 
As a result, the OWEED handle covers must be removed in order to access 
the emergency exit, which could delay passenger evacuation. The FAA is 
proposing this AD to address the increased force necessary to remove 
the OWEED handle cover to access the emergency exit, which could hinder 
passenger evacuation in emergency. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    TCCA AD CF-2021-39 specifies procedures for replacing the existing 
OWEED handle cover brackets with newly designed OWEED handle cover 
brackets and also instructions for installing a placard regarding this 
replacement. 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 the 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 TCCA AD CF-2021-39 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 TCCA AD CF-2021-39 by reference in the FAA 
final rule. This proposed AD would, therefore require compliance with 
TCCA AD CF-2021-39 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Using common terms that are the same as the heading 
of a particular section in TCCA AD CF-2021-39 does not mean that 
operators need comply only with that section. For example, where the AD 
requirement refers to ``all required actions and compliance times,'' 
compliance with this AD requirement is not limited to the section 
titled ``Required Action(s) and Compliance Time(s)'' in TCCA AD CF-
2021-39. Service information required by TCCA AD CF-2021-39 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0393 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 21 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 19817]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................             $40             $295           $6,195
----------------------------------------------------------------------------------------------------------------

    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 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-2022-0393; Project Identifier MCAI-2021-01249-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 23, 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-2021-39, dated November 10, 2021 
(TCCA AD CF-2021-39).

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Unsafe Condition

    This AD was prompted by discovery that overwing emergency exit 
door (OWEED) handle covers were difficult to open on some airplanes. 
An investigation revealed that brackets of certain OWEED handle 
covers are prone to flexure, thus increasing the force necessary to 
remove the OWEED handle cover beyond design requirements. The FAA is 
proposing this AD to address the increased force necessary to remove 
the OWEED handle cover to access the emergency exit, which could 
hinder passenger evacuation in an emergency.

(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-2021-39.

(h) Exception to TCCA AD CF-2021-39

    Where TCCA AD CF-2021-39 refers to its effective date, this AD 
requires using the effective date of this AD.

(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. 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 TCCA; or Airbus Canada Limited Partnership's TCCA 
Design Approval Organization (DAO). If approved by the DAO, the 
approval must include the DAO-authorized signature.

(j) Related Information

    (1) For TCCA AD CF-2021-39, contact TCCA, 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#1d5c59305e535d697e337a7e337e7c"><span class="__cf_email__" data-cfemail="8ccdc8a1cfc2ccf8efa2ebefa2efed">[email protected]</span></a>; internet https://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. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0393.
    (2) For more information about this AD, contact Gabriel Kim, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO

[[Page 19818]]

Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 201-674-2367; email <a href="/cdn-cgi/l/email-protection#f9be989b8b909c95d7bdd7b29094b99f9898d79e968f"><span class="__cf_email__" data-cfemail="0c4b6d6e7e6569602248224765614c6a6d6d226b637a">[email protected]</span></a>.

    Issued on March 31, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07161 Filed 4-5-22; 8:45 am]
BILLING CODE 4910-13-P


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