Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 16486-16489 [2024-04569]
Download as PDF
16486
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
(3) Major engine repairs are needed;
or
(4) Replacement of an engine part is
found necessary during the tests, or due
to the teardown inspection findings.
(c) Upon completion of all
demonstrations and testing specified in
these special conditions, the engine and
its components must be—
(1) Within serviceable limits;
(2) Safe for continued operation; and
(3) Capable of operating at declared
ratings while remaining within limits.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(33) Engine Electrical Systems
(a) Applicability. Any system or
device that provides, uses, conditions,
or distributes electrical power, and is
part of the engine type design, must
provide for the continued airworthiness
of the engine, and must maintain
electric engine ratings.
(b) Electrical systems. The electrical
system must ensure the safe generation
and transmission of power, and
electrical load shedding, and that the
engine does not experience any
unacceptable operating characteristics
or exceed its operating limits.
(c) Electrical power distribution.
(1) The engine electrical power
distribution system must be designed to
provide the safe transfer of electrical
energy throughout the electrical power
plant. The system must be designed to
provide electrical power so that the loss,
malfunction, or interruption of the
electrical power source will not result in
a hazardous engine effect, as defined in
special condition no. 17(d)(2) of these
special conditions or detrimental engine
effects in the intended aircraft
application.
(2) The system must be designed and
maintained to withstand normal and
abnormal conditions during all ground
and flight operations.
(3) The system must provide
mechanical or automatic means of
isolating a faulted electrical energy
generation or storage device from
affecting the safe transmission of
electric energy to the electric engine.
(d) Protection systems. The engine
electrical system must be designed such
that the loss, malfunction, interruption
of the electrical power source, or power
conditions that exceed design limits,
will not result in a hazardous engine
effect, as defined in special condition
no. 17(d)(2) of these special conditions.
(e) Electrical power characteristics.
The applicant must identify and
declare, in the engine installation
manual, the characteristics of any
electrical power supplied from—
(1) the aircraft to the engine electrical
system, for starting and operating the
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engine, including transient and steadystate voltage limits, or
(2) the engine to the aircraft via
energy regeneration, and any other
characteristics necessary for safe
operation of the engine.
(f) Environmental limits.
Environmental limits that cannot
adequately be substantiated by
endurance demonstration, validated
analysis, or a combination thereof must
be demonstrated by the system and
component tests in special condition no.
27 of these special conditions.
(g) Electrical system failures. The
engine electrical system must—
(1) Have a maximum rate of loss of
power control (LOPC) that is suitable for
the intended aircraft application;
(2) When in the full-up configuration,
be single-fault tolerant, as determined
by the Administrator, for electrical,
electrically detectable, and electronic
failures involving LOPC events;
(3) Not have any single failure that
results in hazardous engine effects; and
(4) Ensure failures or malfunctions
that lead to local events in the intended
aircraft application do not result in
hazardous engine effects, as defined in
special condition no. 17(d)(2) of these
special conditions, due to electrical
system failures or malfunctions.
(h) System safety assessment. The
applicant must perform a system safety
assessment. This assessment must
identify faults or failures that affect
normal operation, together with the
predicted frequency of occurrence of
these faults or failures. The intended
aircraft application must be taken into
account to assure the assessment of the
engine system safety is valid.
Issued in Kansas City, Missouri, on March
1, 2024.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and
Standards Division, Aircraft Certification
Service.
[FR Doc. 2024–04800 Filed 3–6–24; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0454; Project
Identifier MCAI–2023–00923–T]
RIN 2120–AA64
Airworthiness Directives; Airbus
Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Airbus Canada Limited Partnership
Model BD–500–1A10 and BD–500–
1A11 airplanes. This proposed AD was
prompted by a report of multiple inservice failures of engine feed check
valves, which have resulted in fuel
imbalance conditions in flight. This
proposed AD would require repetitive
replacement of the left- and right-side
engine feed check valves with new
engine feed check valves, as specified in
a Transport Canada AD, which is
proposed for incorporation by reference
(IBR). The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by April 22, 2024.
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
regulations.gov. Follow the instructions
for submitting comments.
• 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.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0454; 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.
DATES:
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
Material Incorporated by Reference:
• For material that is proposed for
IBR in this AD, contact Transport
Canada, Transport Canada National
Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5,
Canada; telephone 888–663–3639; email
TC.AirworthinessDirectives-Consignesde
navigabilite.TC@tc.gc.ca. You may find
this material on the Transport Canada
website at tc.canada.ca/en/aviation. It is
also available at regulations.gov under
Docket No. FAA–2024–0454.
• 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.
FOR FURTHER INFORMATION CONTACT:
Joseph Catanzaro, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 516–228–7366; email 9-avsnyaco-cos@faa.gov.
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–2024–0454; Project Identifier
MCAI–2023–00923–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
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
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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 Joseph Catanzaro,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7366;
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
Transport Canada, which is the
aviation authority for Canada, has
issued Transport Canada AD CF–2023–
59, dated July 26, 2023 (Transport
Canada AD CF–2023–59) (also referred
to as the MCAI), to correct an unsafe
condition for all Airbus Canada Limited
Partnership Model BD–500–1A10 and
BD–500–1A11 airplanes. The MCAI
states that there have been multiple inservice failures of engine feed check
valves, which have resulted in fuel
imbalance conditions in flight. An
investigation found that the engine feed
check valve is subject to abnormal wear
out failures due to a severe operating
environment in the engine fuel feed
line. In the event of a failure of the
check valve, flapper valve assembly
items can become dislodged and
contaminate the fuel system, potentially
resulting in severe fuel imbalance or
loss of fuel flow to the engine.
The FAA is proposing this AD to
address the unsafe condition on these
products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–0454.
16487
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 this 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
Transport Canada AD CF–2023–59
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 Transport Canada AD CF–
2023–59 by reference in the FAA final
rule. This proposed AD would,
therefore, require compliance with
Transport Canada AD CF–2023–59 in its
entirety through that incorporation,
except for any differences identified as
exceptions in the regulatory text of this
proposed AD. Service information
required by Transport Canada AD CF–
2023–59 for compliance will be
available at regulations.gov under
Docket No. FAA–2024–0454 after the
FAA final rule is published.
Related Service Information Under 1
CFR Part 51
Interim Action
The FAA reviewed Transport Canada
AD CF–2023–59, which specifies
procedures for repetitive replacement of
the left- and right-side engine feed
check valves with new engine feed
check valves. 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
ADDRESSES.
The FAA considers that this proposed
AD would be an interim action. If final
action is identified, the FAA might
consider further rulemaking then.
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Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 80
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
9 work-hours × $85 per hour =
$765 per replacement cycle.
Parts cost
Cost per product
$2,830 per replacement cycle ......
$3,595 per replacement cycle ......
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or all
of the costs of this proposed AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators.
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.
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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.
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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
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:
■
Airbus Canada Limited Partnership (Type
Certificate Previously Held by C Series
Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Docket No. FAA–
2024–0454; Project Identifier MCAI–
2023–00923–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 22,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all 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.
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a report of
multiple in-service failures of engine feed
check valves, which have resulted in fuel
imbalance conditions in flight. The FAA is
issuing this AD to address failure of the
check valve. The unsafe condition, if not
addressed, could result in severe fuel
imbalance or loss of fuel flow to the engine.
(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, Transport Canada AD CF–
2023–59, dated July 26, 2023 (Transport
Canada AD CF–2023–59).
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Cost on U.S. operators
$287,600 per replacement cycle.
(h) Exceptions to Transport Canada AD CF–
2023–59
(1) Where Transport Canada AD CF–2023–
59 refers to its effective date, this AD requires
using the effective date of this AD.
(2) Where Transport Canada AD CF–2023–
59 specifies ‘‘hours air time,’’ this AD
requires replacing those words with ‘‘flight
hours.’’
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the airplane to the nearest location
where the airplane can be modified, provided
that only crew are onboard.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation 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 International Validation
Branch, mail it to the address identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-NYACO-COS@faa.gov.
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, International Validation
Branch, FAA; or Transport Canada; or Airbus
Canada Limited Partnership’s Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraph (j)(2) of this AD, if
any service information contains procedures
or tests that are identified as RC, those
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(k) Additional Information
For more information about this AD,
contact Joseph Catanzaro, Aviation Safety
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Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7366; email 9-avs-nyaco-cos@faa.gov.
(l) Material Incorporated by Reference
(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.
(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 AD CF–2023–59,
dated July 26, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–59,
contact Transport Canada, Transport Canada
National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888–663–3639; email
TC.AirworthinessDirectives-Consignesde
navigabilite.TC@tc.gc.ca. You may find this
Transport Canada AD on the Transport
Canada website at 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 at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/
ibr-locations or email fr.inspection@nara.gov.
Issued on February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–04569 Filed 3–6–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0455; Project
Identifier MCAI–2023–00997–T]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Embraer S.A. Model EMB–545
and EMB–550 airplanes. This proposed
AD was prompted by occurrences of
premature cracks in the outer layer of
certain flight deck side windows caused
by interference due to manufacturing
tolerances. This proposed AD would
require initial and repetitive inspections
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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of the flight deck side windows and
applicable corrective actions, and would
prohibit the installation of affected
flight deck side windows, as specified
in an Ageˆncia Nacional de Aviac¸a˜o Civil
(ANAC) AD. 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 April 22, 2024.
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
regulations.gov. Follow the instructions
for submitting comments.
• 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.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–0455; 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.
Material Incorporated by Reference:
• For material that is proposed for
IBR in this AD, contact National Civil
Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230—
Centro Empresarial Aquarius—Torre
B—Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
website anac.gov.br/en/. You may find
this material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. It is also available at
regulations.gov under Docket No. FAA–
2024–0455.
• 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.
FOR FURTHER INFORMATION CONTACT:
Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
206–231–3653; email: hassan.m.
ibrahim@faa.gov.
SUPPLEMENTARY INFORMATION:
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16489
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–2024–0455; Project Identifier
MCAI–2023–00997–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
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 Hassan Ibrahim,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 206–231–3653; email:
hassan.m.ibrahim@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
ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2023–08–03R01, effective November
2, 2023 (ANAC AD 2023–08–03R01)
(also referred to as the MCAI), to correct
an unsafe condition for Embraer S.A.
Model EMB–550 and EMB–545
airplanes. The MCAI states premature
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Agencies
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16486-16489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04569]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0454; Project Identifier MCAI-2023-00923-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 all Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This proposed AD was prompted by a report of multiple
in-service failures of engine feed check valves, which have resulted in
fuel imbalance conditions in flight. This proposed AD would require
repetitive replacement of the left- and right-side engine feed check
valves with new engine feed check valves, as specified in a Transport
Canada AD, which is proposed for incorporation by reference (IBR). 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 April 22,
2024.
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 regulations.gov. Follow
the instructions for submitting comments.
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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0454; 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.
[[Page 16487]]
Material Incorporated by Reference:
For material that is proposed for IBR in this AD, contact
Transport Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]. You may find this material on the
Transport Canada website at tc.canada.ca/en/aviation. It is also
available at regulations.gov under Docket No. FAA-2024-0454.
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.
FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7366; email [email protected].
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-2024-0454; Project Identifier
MCAI-2023-00923-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
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
Joseph Catanzaro, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 516-228-7366; email [email protected]. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
Transport Canada, which is the aviation authority for Canada, has
issued Transport Canada AD CF-2023-59, dated July 26, 2023 (Transport
Canada AD CF-2023-59) (also referred to as the MCAI), to correct an
unsafe condition for all Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes. The MCAI states that there have
been multiple in-service failures of engine feed check valves, which
have resulted in fuel imbalance conditions in flight. An investigation
found that the engine feed check valve is subject to abnormal wear out
failures due to a severe operating environment in the engine fuel feed
line. In the event of a failure of the check valve, flapper valve
assembly items can become dislodged and contaminate the fuel system,
potentially resulting in severe fuel imbalance or loss of fuel flow to
the engine.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0454.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-59, which specifies
procedures for repetitive replacement of the left- and right-side
engine feed check valves with new engine feed check valves. 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 ADDRESSES.
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 this 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 Transport Canada AD CF-2023-59 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 Transport Canada AD CF-2023-59 by reference
in the FAA final rule. This proposed AD would, therefore, require
compliance with Transport Canada AD CF-2023-59 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this proposed AD. Service information
required by Transport Canada AD CF-2023-59 for compliance will be
available at regulations.gov under Docket No. FAA-2024-0454 after the
FAA final rule is published.
Interim Action
The FAA considers that this proposed AD would be an interim action.
If final action is identified, the FAA might consider further
rulemaking then.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 80 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
[[Page 16488]]
Estimated Costs for Required Actions
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Labor cost Parts cost Cost per product Cost on U.S. operators
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9 work-hours x $85 per hour = $765 $2,830 per replacement $3,595 per replacement $287,600 per
per replacement cycle. cycle. cycle. replacement cycle.
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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-2024-0454; Project Identifier MCAI-2023-00923-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 22, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all 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.
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a report of multiple in-service failures
of engine feed check valves, which have resulted in fuel imbalance
conditions in flight. The FAA is issuing this AD to address failure
of the check valve. The unsafe condition, if not addressed, could
result in severe fuel imbalance or loss of fuel flow to the engine.
(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, Transport Canada AD CF-2023-59, dated July 26, 2023
(Transport Canada AD CF-2023-59).
(h) Exceptions to Transport Canada AD CF-2023-59
(1) Where Transport Canada AD CF-2023-59 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where Transport Canada AD CF-2023-59 specifies ``hours air
time,'' this AD requires replacing those words with ``flight
hours.''
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to the nearest location
where the airplane can be modified, provided that only crew are
onboard.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. Information may be emailed to: 9-AVS-
[email protected]. 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, International
Validation Branch, FAA; or Transport Canada; or Airbus Canada
Limited Partnership's Transport Canada Design Approval Organization
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (j)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.
(k) Additional Information
For more information about this AD, contact Joseph Catanzaro,
Aviation Safety
[[Page 16489]]
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7366; email [email protected].
(l) Material Incorporated by Reference
(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.
(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 AD CF-2023-59, dated July 26, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-59, contact Transport
Canada, Transport Canada National Aircraft Certification, 159
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]. You may find this Transport
Canada AD on the Transport Canada website at 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-04569 Filed 3-6-24; 8:45 am]
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