87 FR 158 pgs. 50560-50563 - Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes
Type: RULEVolume: 87Number: 158Pages: 50560 - 50563
Pages: 50560, 50561, 50562, 50563Docket number: [Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T; Amendment 39-22137; AD 2022-16-08]
FR document: [FR Doc. 2022-17789 Filed 8-15-22; 4:15 pm]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T; Amendment 39-22137; AD 2022-16-08]
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; request for comments.
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 dual-engine automatic shutdown on landing. This AD requires revising the existing airplane flight manual (AFM) to incorporate a new normal procedure and revised non-normal procedures, 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 becomes effective September 1, 2022.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 1, 2022.
The FAA must receive comments on this AD by October 3, 2022.
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 www.regulations.gov. Follow the instructions for submitting comments.
• Fax: 202-493-2251.
• 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.
For material 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 AD-CN@tc.gc.ca; internet 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. It is also available in the AD docket at www.regulations.gov by searching for and locating Docket No. FAA-2022-0990.
Examining the AD Docket
You may examine the AD docket at www.regulations.gov by searching for and locating Docket No. FAA-2022-0990; 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 AD, 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:
Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
[top] The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES . Include "Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T" at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data.
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 www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 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
TCCA, which is the aviation authority for Canada, has issued TCCA AD CF-2022-11, dated March 17, 2022 (TCCA AD CF-2022-11) (also referred to as the MCAI), to correct an unsafe condition for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. TCCA AD CF-2022-11 supersedes TCCA AD CF-2021-44, dated December 2, 2021.
This AD was prompted by a dual-engine automatic shutdown on landing experienced by a Model BD-500-1A11 airplane. The crew successfully stopped the airplane with degraded systems and functions. An investigation is ongoing to determine the root cause, but preliminary findings of this event indicate that erroneous uncontrolled high thrust (UHT) detection can occur above 16,000 feet when the thrust lever is manually and abruptly? 1 moved towards the idle position. Based on the preliminary findings from the ongoing investigation, and as a result of extensive subsequent communication with TCCA and Airbus Canada to determine the extent and urgency of the identified unsafe condition, the FAA is issuing this AD, which corresponds to TCCA AD CF-2022-11. TCCA AD CF-2022-11 is an interim action that includes revising the existing AFM by incorporating new AFM operating procedures to mitigate any UHT event-which can result in, for example, stall on the runway or loss of braking on landing-that may occur until the investigation is complete. The FAA is issuing this AD to address an erroneous UHT detection in flight, which would result in engine shutdown on landing with or without indications or crew alerting system messages displayed before landing, and, in the case of an automatic dual-engine shutdown upon landing, could result in loss of braking, loss of control of the airplane, and a runway excursion. See the MCAI for additional background information.
Footnotes:
1 ?See definition of abrupt throttle movement in Figure 1 of TCCA AD CF-2022-11.
Related Service Information Under 1 CFR Part 51
TCCA AD CF-2022-11 specifies procedures for revising the existing AFM to incorporate a new normal procedure for low-altitude descent check (below 16,000 feet) and revised non-normal procedures for "L THROTTLE FAIL" and "R THROTTLE FAIL." These procedures, which are specified in paragraph D of TCCA AD CF-2022-11, replace the interim procedures introduced by TCCA AD CF-2021-44; those interim procedures are specified in paragraphs A and B of TCCA AD CF-2022-11. 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
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 described above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of these same type designs.
Requirements of This AD
This AD requires accomplishing actions specified in paragraph D of TCCA AD CF-2022-11 described previously.
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, TCCA AD CF-2022-11 is incorporated by reference in this AD. This AD requires compliance with certain actions in TCCA AD CF-2022-11 through that incorporation. Service information required by TCCA AD CF-2022-11 for compliance will be available at www.regulations.gov by searching for and locating Docket No. FAA-2022-0990 after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq. ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for "good cause," finds that those procedures are "impracticable, unnecessary, or contrary to the public interest." Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause.
[top] An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because an erroneous UHT detection in flight would result in engine shutdown on landing with or without indications or CAS messages displayed before landing. An automatic dual-engine shutdown upon landing could result in loss of braking, loss of control of the airplane, and a runway excursion. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 69 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
| Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|
| 1 work-hour × $85 per hour = $85 | $0 | $85 | $5,865 |
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, and
(2) Will not affect intrastate aviation in Alaska.
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
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:
2022-16-08 Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): Amendment 39-22137; Docket No. FAA-2022-0990; Project Identifier MCAI-2022-00372-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 1, 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-2022-11, dated March 17, 2022 (TCCA AD CF-2022-11).
(d) Subject
Air Transport Association (ATA) of America Code 72, Turbine/turboprop engine.
(e) Unsafe Condition
This AD was prompted by a report of a dual-engine automatic shutdown on landing. The FAA is issuing this AD to address an erroneous uncontrolled high thrust detection in flight, which would result in engine shutdown on landing with or without indications or crew alerting system messages displayed before landing, and, in the case of an automatic dual-engine shutdown upon landing, could result in loss of braking, loss of control of the airplane, and a runway excursion.
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Requirements
Within 120 days from the effective date of this AD, revise the existing airplane flight manual (AFM) in accordance with paragraph D of TCCA AD CF-2022-11.
(h) 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.
(i) Related Information
For more information about this AD, contact Jiwan Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 9-avs-nyaco-cos@faa.gov.
(j) Material Incorporated by Reference
[top] (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this
(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-2022-11, dated March 17, 2022.
(ii) [Reserved]
(3) For TCCA AD CF-2022-11, contact TCCA, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email AD-CN@tc.gc.ca; internet 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 fr.inspection@nara.gov, or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2022-17789 Filed 8-15-22; 4:15 pm]
BILLING CODE 4910-13-P