[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Proposed Rules]
[Pages 78805-78808]
[FR Doc No: 2020-26764]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1110; Project Identifier MCAI-2020-01003-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)
2019-23-15, which applies to certain Airbus Canada Limited Partnership
Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2019-23-15 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2019-23-15, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would require revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations. 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 January 21,
2021.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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 service information identified in this NPRM, contact Airbus
Canada Limited Partnership, 13100 Henri-Fabre Boulevard, Mirabel,
Qu[eacute]bec, J7N 3C6, Canada; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>internet http://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.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1110; 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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone:<PHONE_NUMBER>; fax:
516-794-5531; email<EMAIL_ADDRESS>
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-2020-1110;
Project Identifier MCAI-2020-01003-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 the 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 proposed AD.

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
Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Discussion

    The FAA issued AD 2019-23-15, Amendment 39-19809 (84 FR 67830,
December 12, 2019) (AD 2019-23-15), for certain Airbus Canada Limited
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2019-23-15
requires revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. AD 2019-23-15 resulted from a determination that new or
more restrictive airworthiness limitations are necessary. The FAA
issued AD 2019-23-15 to address reduced structural integrity of the
airplane or reduced controllability of the airplane.

Actions Since AD 2019-23-15 Was Issued

    Since the FAA issued AD 2019-23-15, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2020-25, dated July 16,
2020 (also referred to after this 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. You may examine the MCAI in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1110.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address reduced structural integrity of the
airplane or reduced controllability of the airplane. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

    Airbus Canada Limited Partnership has issued A220 Airworthiness
Limitations BD500-3AB48-11400-02, Issue 011.00, dated June 18, 2020.
This service information describes airworthiness limitations for fuel
tank systems, safe life limits, and certification maintenance
requirements. This service information 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,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain none of the requirements of AD 2019-
23-15. This proposed AD would require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(i)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 11 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
agency recognizes that this number may vary from operator to operator.
Since operators incorporate maintenance or inspection program changes
for their affected fleet(s), the FAA has determined that a per-operator
estimate is more accurate than a per-airplane estimate. Therefore, the
agency estimates the average total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).

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) 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.

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) 2019-23-15, Amendment 39-19809
(84 FR 67830, December 12, 2019), 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-2020-1110; Project Identifier MCAI-2020-01003-T.

(a) Comments Due Date

    The FAA must receive comments by January 21, 2021.

(b) Affected ADs

    This AD replaces AD 2019-23-15, Amendment 39-19809 (84 FR 67830,
December 12, 2019).

(c) Applicability

    This AD applies to the Airbus Canada Limited Partnership Model
BD-500-1A10 and BD-500-1A11 airplanes, certificated in any category,
identified in paragraphs (c)(1) and (2) of this AD.
    (1) Model BD-500-1A10 airplanes, serial numbers 50001 and
subsequent with an original airworthiness certificate or original
export certificate of airworthiness issued on or before June 18,
2020.
    (2) Model BD-500-1A11 airplanes, serial numbers 55001 and
subsequent with an original airworthiness certificate or original
export certificate of airworthiness issued on or before June 18,
2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced structural integrity of the
airplane or reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) New Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Airbus Canada Limited
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02,
Issue 011.00, dated June 18, 2020. The initial compliance time for
doing the tasks is at the time specified in Airbus Canada Limited
Partnership A220 Airworthiness Limitations, BD500-3AB48-11400-02,
Issue 011.00, dated June 18, 2020, or within 90 days after the
effective date of this AD, whichever occurs later.

(h) New No Alternative Actions, Intervals, or Critical Design
Configuration Control Limitations (CDCCLs)

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (i)(1) of this AD.

(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 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<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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 Transport Canada Civil Aviation (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) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2020-25, dated July 16, 2020, for related
information. This MCAI may be found in the AD docket on the internet
at https://www.regulations.gov by searching for and locating Docket
No. FAA-2020-1110.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) For service information identified in this AD, contact
Airbus Canada Limited Partnership, 13100 Henri-Fabre Boulevard,
Mirabel, Qu[eacute]bec, J7N 3C6, Canada; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>internet http://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<PHONE_NUMBER>.

    Issued on December 1, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-26764 Filed 12-4-20; 8:45 am]
BILLING CODE 4910-13-P


-----Forwarded by Melanie King/RTP/USEPA/US on 05/14/2010 06:41PM -----
To: Melanie King/RTP/USEPA/US@EPA
From: "Matt Todd"<EMAIL_ADDRESS>Date: 05/14/2010 06:13PM
cc: RobertJ Wayland/RTP/USEPA/US@EPA
Subject: UA/UC White Paper
Melanie,

The attached “white paper” supports the use of the Urbanized Area and Urban Cluster Census
2000 approach for defining urban areas.  This is consistent with the approach used to identify
sources as rural or urban in 40 CFR 63 Subpart HH (ONG NESHAP).  The Census Bureau
evolution of the urban / rural classification scheme has exploited Geographic Information System
(GIS) technology and leveraged population data to improve and refine definitions over time.  As
we discussed during our meeting, relying on the outdated 1990 Census classification scheme and
urban-1 / urban-2 definitions would classify many counties in oil and natural gas production
locations like Wyoming as “urban”, which is an inappropriate determination based on a common
understanding of these terms.

API does not believe that EPA is limited to the narrow and outdated definitions of U1 and U2
from the 1990 Census approach referenced in the Urban Air Toxics Strategy (UATS), instead the
UATS recognized that urban areas would evolve by proposing that “the area in which standards
will apply should be made separately for each source category.”  The UATS simply relied upon
the common contemporary Census Bureau definitions, and there is no compelling reason to
ignore subsequent improvements in the knowledge base.

On a related note, API would like to reiterate concerns expressed in our original comments
regarding treatment of oil and gas operations under §CAA112(n)(4)(B).  API comment 2.1 (page
11 of 100) requested that EPA consider proximity to urban areas.

CAA §112(n)(4)(B) states:
The Administrator shall not list oil and gas production  wells (with its associated
equipment) as an area source category  under subsection (c) of this section, except that
the  Administrator may establish an area source category for oil and  gas production wells
located in any metropolitan statistical area  or consolidated metropolitan statistical area
with a population  in excess of 1 million, if the Administrator determines that  emissions
of hazardous air pollutants from such wells present  more than a negligible risk of adverse
effects to public health [emphasis added].

This implies that the congressional intent is to restrict oil and gas site area source applicability
requirements to urban areas with greater than 1 million people in MSA and CMSAs.

If you have any questions regarding this white paper or desire additional discussion surrounding
this important issue, please contact me at the number below.  Thank you for your consideration of
this request.

      Matt

Matthew Todd
API
1220 L Street NW
Washington DC  20005
202.682.8319
www.api.org