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Federal Register / Vol. 86, No. 136 / Tuesday, July 20, 2021 / Rules and Regulations
Background TCCA, which is the aviation authority for Canada, has issued TCCA AD CF
202042, issued October 16, 2020
TCCA AD CF202042 also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI, to correct an unsafe condition for certain Airbus Canada Limited Partnership Model BD5001A10 and BD5001A11 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 BD5001A10 and BD5001A11 airplanes. The NPRM
published in the Federal Register on February 24, 2021 86 FR 11173. The NPRM was prompted by reports of corrosion on the waste box, waste access doubler, and waste service door of the rear fuselage due to contamination from waste valve leakage. The NPRM
proposed to require an inspection for corrosion of the waste box, waste access doubler, and waste service door, and corrective actions if necessary, as specified in TCCA AD CF202042.
Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM
and the FAAs response to each comment.
Request To Require Additional Service Information Delta Air Lines DAL asked that Airbus Canada Service Bulletin BD500
383004, Issue No. 001, dated January 29, 2021, also be mandated either in the proposed AD or in additional rulemaking by the FAA and TCCA. DAL
stated that the proposed AD, as written, does not address the root cause of the corrosion, which is leakage from the waste disposal ball valve. DAL added that the actions specified in the proposed AD will act as an effective
method of ensuring that existing corrosion is identified and addressed, but do not address the root cause of the corrosion. DAL stated that Airbus Canada Service Bulletin BD500383004
would address that root cause by providing instructions for the retrofit of an improved valve, which resists leakage more effectively than the valve with the original configuration. DAL
noted that if fluid leakage from the waste servicing system is the root cause for corrosion of the fuselage, proactive retrofit of the ball valve to the improved configuration would properly address that root cause.
The FAA does not agree with the commenter. The FAA is currently reviewing Airbus Canada Service Bulletin BD500383004, Issue No. 001, dated January 29, 2021, and gathering more information about the new valve.
After completing this review the FAA
might consider further rulemaking. The FAA has not changed this AD in this regard.
Request To Clarify Exception to TCCA
AD CF202042
DAL asked for clarification that the exception identified in paragraph h of the proposed AD does not deviate from the TCCA AD. DAL stated that TCCA
AD CF202042 and Airbus Canada Service Bulletin BD500536004, Issue No. 001, dated August 13, 2020, both include instructions for implementation of corrective action to documented discrepancies, and neither include any allowance to defer the corrective action beyond the maintenance opportunity in which the inspection is performed and the corrosion is documented.
The FAA disagrees that this AD does not deviate from the TCCA AD.
Paragraph h of this AD is included as an exception to the MCAI because the TCCA AD does not explicitly state in the Compliance or Corrective Actions sections that when corrosion is found, the corrective action of corrosion repair must be done before further
flight. The inclusion of paragraph h of this AD requires that the corrective action is done before further flight after detection of corrosion, as identified in the applicable service information specified in TCCA AD CF202042, instead of the compliance time specified in TCCA AD CF202042 for all applicable actions. The FAA has revised paragraph h of this AD to specify that the corrective action corrosion repair must be done before further flight after corrosion is detected.
Conclusion The FAA reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM.
Related Service Information Under 1
CFR Part 51
TCCA AD CF202042 describes procedures for a general visual inspection for corrosion of the waste box, waste access doubler, and waste service door 146BR of the rear fuselage;
application of protective coating in the waste box area; and corrective actions.
The corrective actions include repair of any corrosion found. 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 28 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

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ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Cost on U.S.
operators
8 work-hours $85 per hour = $680

$0

$680

$19,040

The FAA has received no definitive data on which to base the cost estimates for the on-condition actions specified in this AD.
Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs authority to issue
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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 Agencys authority.
The FAA is issuing this rulemaking under the authority described in
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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.

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