AD 2021-09-03

The FAA is correcting an airworthiness directive (AD) that was \npublished in the Federal Register. That AD applies to certain Airbus \nCanada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. \nAs published, two references to a Transport Canada Civil Aviation \n(TCCA) AD number specified in the regulatory text are incorrect. This \ndocument corrects those errors. In all other respects, the original \ndocument remains the same.

Final rule; request for comments.

Adoption of the Amendment \n\n\n\tAccordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: \n\nPART 39--AIRWORTHINESS DIRECTIVES \n\n0 1. The authority citation for part 39 continues to read as follows: \n\n\n\tAuthority: 49 U.S.C. 106(g), 40113, 44701. \n\n\n\nSec. 39.13 (Amended) \n\n0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive: \n\n2021-09-03 Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): Amendment 39-21516; Docket No. FAA-2021-0313; Project Identifier MCAI-2021-00348-T. \n\n(a) Effective Date \n\n\n\tThis airworthiness directive (AD) becomes effective May 4, 2021. \n\n(b) Affected ADs \n\n\n\tNone. \n\n(c) Applicability \n\n\n\tThis 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-2021-10, dated March 18, 2021 (TCCA AD CF-2021-10). \n\n(d) Subject \n\n\n\tAir Transport Association (ATA) of America Code 25, Equipment/ furnishings. \n\n(e) Reason \n\n\n\tThis AD was prompted by reports of the failure of emergency locator transmitter (ELT) antennas. The FAA is issuing this AD to address ELT antenna failure, which can lead to the loss of the ELT antenna and the development of fuselage cracks that can result in an inability to maintain cabin pressure. \n\n(f) Compliance \n\n\n\tComply with this AD within the compliance times specified, unless already done. \n\n(g) Requirements \n\n\n\tExcept 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-2021-10. \n\n(h) Exception to TCCA AD CF-2021-10 \n\n\n\t(1) Where TCCA AD CF-2021-10 refers to its effective date, this AD requires using the effective date of this AD. \n\t(2) Where TCCA AD CF-2021-10 refers to hours air time, this AD requires using flight hours. \n\t(3) If any damage is found as a result of the inspections required by this AD, repairs must be done before further flight. \n\n(i) Special Flight Permit \n\n\n\tSpecial flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the airplane to a location where the airplane can be modified (if the operator elects to do so), provided no passengers are onboard. \n\n(j) Other FAA AD Provisions \n\n\n\tThe following provisions also apply to this AD: \n\t(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; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. \n\t(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, \n\n((Page 20269)) \n\nFAA; 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. \n\n(k) Related Information \n\n\n\tFor more information about this AD, contact Deep Gaurav, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov. \n\n(l) Material Incorporated by Reference \n\n\n\t(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. \n\t(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. \n\t(i) Transport Canada Civil Aviation (TCCA) AD CF-2021-10, dated March 18, 2021. \n\t(ii) (Reserved) \n\t(3) For TCCA AD CF-2021-10, 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 https://tc.canada.ca/en/aviation. \n\t(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. This material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-0313. \n\t(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 fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. \n\n\n\tIssued on April 14, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. (FR Doc. 2021-08052 Filed 4-15-21; 11:15 am) BILLING CODE 4910-13-P

Background \n\n\n\tTCCA, which is the aviation authority for Canada, has issued TCCA AD CF-2021-10, dated March 18, 2021 (TCCA AD CF-2021-10) (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. \n\tThis AD was prompted by reports of the failure of ELT antennas, including one case where the antenna departed the airplane. The FAA has determined that these ELT antenna failures were caused by vibration loads induced by air vortices shed by the Gogo 2Ku antenna radome installed on the airplane. The FAA is issuing this AD to address ELT antenna failure, which can lead to the loss of the ELT antenna and the development of fuselage cracks that can result in an inability to maintain cabin pressure. See the MCAI for additional background information. \n\nRelated Service Information Under 1 CFR Part 51 \n\n\n\tTCCAAD CF-2021-10 describes procedures for repetitive replacements of the ELT antenna with a new ELT antenna and repetitive inspections of the exterior fuselage skin around the ELT antenna attachment area for damage (including cracking). 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. \n\nFAA's Determination \n\n\n\tThis 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, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because the FAA evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. \n\nRequirements of This AD \n\n\n\tThis AD requires accomplishing the actions specified in TCCA AD CF- 2021-10 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD. \n\nExplanation of Required Compliance Information \n\n\n\tIn the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA initially worked with Airbus and the European Union Aviation Safety Agency (EASA) to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities (CAAs) to use this process. As a result, TCCA AD CF-2021-10 is incorporated by reference in this final rule. This AD, therefore, requires compliance with TCCA AD CF-2021-10 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in TCCA AD CF-2021-10 that is required for compliance with TCCA AD CF-2021-10 is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-0313. \n\nFAA's Justification and Determination of the Effective Date \n\n\n\tAn 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 waiving notice and comment prior to adoption of this rule because ELT antenna failure can lead to the possible loss of the ELT antenna and the development of fuselage cracks that can result in an inability to maintain cabin pressure. In addition, the compliance time for the required action is shorter than the time necessary for the public to comment and for publication of the final rule. Therefore, the FAA finds good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, the FAA finds that good cause exists for making this amendment effective in less than 30 days. \n\nComments Invited \n\n\n\tThe FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES. Include ''Docket No. FAA-2021-0313; Project Identifier MCAI- 2021-00348-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. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. \n\tExcept 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 verbalcontact received about this final rule. \n\nConfidential Business Information \n\n\n\tCBI 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 Deep Gaurav, \n\n((Page 20268)) \n\nAerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531; 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. \n\nRegulatory Flexibility Act (RFA) \n\n\n\tThe 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. \n\nCosts of Compliance \n\n\n\tThe FAA estimates that this AD affects 49 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: \n\n\n\tEstimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- \n\tCost per Cost on U.S. \n\tLabor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 4 work-hours x $85 per hour = $340........................... $4,230 $4,570 $223,930 ---------------------------------------------------------------------------------------------------------------- \n\nAuthority for This Rulemaking \n\n\n\tTitle 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. \n\tThe 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. Thisregulation 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. \n\nRegulatory Findings \n\n\n\tThe FAA determined that 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. \n\tFor the reasons discussed above, I certify that this AD: \n\t(1) Is not a ''significant regulatory action'' under Executive Order 12866, and \n\t(2) Will not affect intrastate aviation in Alaska. \n\nList of Subjects in 14 CFR Part 39 \n\n\n\tAir transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.