Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 17343-17346 [2024-04955]

Download as PDF Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Proposed Rules maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on March 1, 2024. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2024–04772 Filed 3–8–24; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0464; Project Identifier MCAI–2022–01556–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 supersede Airworthiness Directive (AD) 2021–09–03, which applies to certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500– 1A11 airplanes. AD 2021–09–03 requires repetitive replacements of the emergency locator transmitter (ELT) antenna and repetitive inspections of the exterior fuselage skin around the ELT antenna attachment area. Since the FAA issued AD 2021–09–03, it has been reported that there was an in-service failure of an ELT antenna that occurred before the repetitive replacement interval required by AD 2021–09–03, and that a terminating action was developed. This proposed AD would continue to require the actions in AD 2021–09–03 and would require replacement of the ELT antenna with a new ELT antenna, inspection of the exterior fuselage skin around the ELT antenna attachment holes, and repair if necessary, as specified in a Transport Canada AD, which is proposed for incorporation by reference (IBR). The ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:20 Mar 08, 2024 Jkt 262001 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 25, 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–2024–0464; 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 the Transport Canada AD identified in this NPRM, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; website tc.canada.ca/en/aviation. It is also available at regulations.gov under Docket No. FAA–2024–0464. • 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: Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 860–386– 1786; email: yaser.m.osman@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–2024–0464; Project Identifier MCAI–2022–01556–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 17343 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 Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 860–386–1786; email: yaser.m.osman@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 The FAA issued AD 2021–09–03, Amendment 39–21516 (86 FR 20266, April 19, 2021); corrected April 27, 2021 (86 FR 22111) (AD 2021–09–03), for certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500–1A11 airplanes. AD 2021–09– 03 was prompted by an MCAI originated by Transport Canada, which is the aviation authority for Canada. Transport Canada issued AD CF–2021–10, dated March 18, 2021 (Transport Canada AD CF–2021–10), to correct an unsafe condition. AD 2021–09–03 requires repetitive replacements of the ELT antenna with a new ELT antenna and repetitive inspections for damage of the exterior fuselage skin around the ELT antenna attachment area. The FAA issued AD E:\FR\FM\11MRP1.SGM 11MRP1 17344 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Proposed Rules 2021–09–03 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. Actions Since AD 2021–09–03 Was Issued Since the FAA issued AD 2021–09– 03, Transport Canada superseded Transport Canada AD CF–2021–10 and issued Transport Canada AD CF–2022– 67, dated December 6, 2022 (Transport Canada AD CF–2022–67) (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. The MCAI states that since Transport Canada AD CF–2021–10 was issued, an aluminum ELT antenna has been made available to prevent ELT antenna failures resulting from vibration loads induced by air vortices shed by the Gogo 2Ku antenna radome. In addition, there was an in-service failure of an ELT antenna that occurred before the repetitive replacement interval required by Transport Canada AD CF–2021–10 was reached. The MCAI also states installation of the aluminum ELT antenna terminates the requirements of Transport Canada CF–2022–67, and that the applicability has been limited to airplanes on which the aluminum ELT antenna has not been installed in production. The FAA is proposing 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. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA– 2024–0464. Explanation of Retained Requirements Although this proposed AD does not explicitly restate the requirements of AD 2021–09–03, this proposed AD would retain all of the requirements of AD 2021–09–03. Those requirements are referenced in Transport Canada AD CF– 2022–67, which, in turn, is referenced in paragraph (g) of this proposed AD. Related Service Information Under 1 CFR Part 51 Transport Canada AD CF–2022–67 specifies procedures for: • Repetitive replacements of the ELT antenna with a new ELT antenna and repetitive inspections for damage (including cracking) of the exterior fuselage skin around the ELT antenna attachment area, and • A one-time replacement of the ELT antenna with a new aluminum ELT antenna, and detailed inspection for damage (including cracking) of the exterior fuselage skin around the ELT antenna attachment holes, and repair of any damage, which terminate the repetitive replacements and inspections. 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 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–2022–67 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– 2022–67 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with Transport Canada AD CF–2022–67 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– 2022–67 for compliance will be available at regulations.gov under Docket No. FAA–2024–0464 after the FAA final rule is published. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 56 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Retained actions from AD 2021–09–03 ......... New proposed actions .................................... 4 work-hours × $85 per hour = $340 ............. 4 work-hours × $85 per hour = $340 ............. ddrumheller on DSK120RN23PROD with PROPOSALS1 The FAA estimates the following costs to do any necessary on-condition actions that would be required based on Parts cost the results of any required actions. The FAA has no way of determining the $4,230 5,561 Cost per product $4,570 5,901 Cost on U.S. operators $255,920 330,456 number of aircraft that might need these on-condition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 4 work-hours × $85 per hour = $340 ...................................................................................................................... $2,000 $2,340 VerDate Sep<11>2014 17:20 Mar 08, 2024 Jkt 262001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\11MRP1.SGM 11MRP1 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Proposed Rules According to the manufacturer, some or all of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate. Authority for This Rulemaking 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: a. Removing Airworthiness Directive (AD) 2021–09–03, Amendment 39– 21516 (86 FR 20266, April 19, 2021); corrected April 27, 2021 (86 FR 22111); and ■ b. Adding the following new AD: ■ ■ 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. ddrumheller on DSK120RN23PROD with PROPOSALS1 PART 39—AIRWORTHINESS DIRECTIVES Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): Docket No. FAA– 2024–0464; Project Identifier MCAI– 2022–01556–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by April 25, 2024. (b) Affected ADs This AD replaces AD 2021–09–03, Amendment 39–21516 (86 FR 20266, April 19, 2021); corrected April 27, 2021 (86 FR 22111) (AD 2021–09–03). (c) Applicability This AD applies to Airbus Canada Limited Partnership Model BD–500–1A10 and BD– 500–1A11 airplanes, certificated in any category, as identified in Transport Canada AD CF–2022–67, dated December 6, 2022 (Transport Canada AD CF–2022–67). (d) Subject Air Transport Association (ATA) of America Code 25, Equipment/furnishings; 53, Fuselage. (e) Unsafe Condition This AD was prompted by reports of the failure of emergency locator transmitter (ELT) antennas, including an in-service failure that occurred before the repetitive replacement interval required by AD 2021–09–03, and by the development of a terminating action. The FAA is issuing this AD to address ELT antenna failure. The unsafe condition, if not addressed, could result in loss of the ELT antenna and the development of fuselage cracks that can result in an inability to maintain cabin pressure. List of Subjects in 14 CFR Part 39 (f) Compliance Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Comply with this AD within the compliance times specified, unless already done. (g) Requirements The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: VerDate Sep<11>2014 17:20 Mar 08, 2024 Jkt 262001 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– 2022–67. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 17345 (h) Exception to Transport Canada AD CF– 2022–67 (1) Where Transport Canada AD CF–2022– 67 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Transport Canada AD CF–2022– 67 refers to April 1, 2021 (the effective date of Transport Canada AD CF–2021–10, dated March 18, 2021), this AD requires using May 4, 2021 (the effective date of AD 2021–09– 03). (3) Where Transport Canada AD CF–2022– 67 refers to hours air time, this AD requires using flight hours. (4) Where paragraph C. of Transport Canada AD CF–2022–67 specifies to ‘‘replace the ELT antenna with a new aluminum ELT antenna and inspect the exterior fuselage skin around the ELT antenna attachment holes for damage, repairing any damage found before further flight,’’ this AD requires replacing that text with ‘‘replace the ELT antenna with a new aluminum ELT antenna, including doing an inspection of the exterior fuselage skin around the ELT antenna attachment holes for damage, and, before further flight, repair any damage found.’’ (i) 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 (j) of this AD. Information may be emailed to: 9-AVS-NYACO-COS@faa.gov. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (ii) AMOCs approved previously for AD 2021–09–03 are not approved as AMOCs for the corresponding provisions of Transport Canada AD CF–2022–67 that are required by paragraph (g) of this AD. (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. (j) Additional Information For more information about this AD, contact Yaser Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 860–386– 1786; email: yaser.m.osman@faa.gov. (k) 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. E:\FR\FM\11MRP1.SGM 11MRP1 17346 Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Proposed Rules (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–2022–67, dated December 6, 2022. (ii) [Reserved] (3) For Transport Canada AD CF–2022–67, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; website tc.canada.ca/en/aviation. (4) 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. (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 March 4, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–04955 Filed 3–8–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0463; Project Identifier AD–2023–00792–T RIN 2120–AA64 Airworthiness Directives; The Boeing Company 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 The Boeing Company Model 737–8, 737–9, and 737–8200 airplanes. This proposed AD was prompted by a report of a non-conforming installation of spoiler wire bundles that led to unintended spoiler motion, including one instance of spoiler hardover. Further investigation identified the potential for a hardover of more than one flight spoiler on the same wing, which can exceed full lateral control capability leading to loss of control of the airplane. This proposed AD would require a one-time inspection of the clearance between the spoiler control wire bundles and the adjacent structure, and applicable on-condition actions. ddrumheller on DSK120RN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:20 Mar 08, 2024 Jkt 262001 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 25, 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–2024–0463; 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. Material Incorporated by Reference: • For service information identified in this NPRM, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. • You may view the service information that will be incorporated by reference 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 at regulations.gov by searching for and locating Docket No. FAA–2024–0463. FOR FURTHER INFORMATION CONTACT: Michael Closson, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206– 231–3973; email: Michael.P.Closson@ 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–2024–0463; Project Identifier AD– 2023–00792–T’’ at the beginning of your comments. The most helpful comments PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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 Michael Closson, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3973; email: Michael.P.Closson@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA has received a report of multiple unusual spoiler deployments, which resulted in an un-commanded roll to the right during cruise. The related ‘‘SPOILERS’’ fault light on the P5–3 panel came on, and the spoiler control electronics (SCE) issued spoiler 10 fault code 27–01630. This event was noted as intermittent and was seen on multiple flights. A subsequent investigation found the root cause of the event was wire chafing damage due to spoiler control wire bundles riding on the landing gear beam rib in the right wing trailing edge due to nonconforming installation of spoiler wire bundles that occurred during production. This condition, if not E:\FR\FM\11MRP1.SGM 11MRP1

Agencies

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Proposed Rules]
[Pages 17343-17346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04955]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0464; Project Identifier MCAI-2022-01556-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).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2021-09-03, which applies to certain Airbus Canada Limited Partnership 
Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2021-09-03 requires 
repetitive replacements of the emergency locator transmitter (ELT) 
antenna and repetitive inspections of the exterior fuselage skin around 
the ELT antenna attachment area. Since the FAA issued AD 2021-09-03, it 
has been reported that there was an in-service failure of an ELT 
antenna that occurred before the repetitive replacement interval 
required by AD 2021-09-03, and that a terminating action was developed. 
This proposed AD would continue to require the actions in AD 2021-09-03 
and would require replacement of the ELT antenna with a new ELT 
antenna, inspection of the exterior fuselage skin around the ELT 
antenna attachment holes, and repair if necessary, 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 25, 
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-2024-0464; 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 the Transport Canada AD identified in this NPRM, 
contact Transport Canada, Transport Canada National Aircraft 
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; 
telephone 888-663-3639; email [email protected]; website tc.canada.ca/en/aviation. 
It is also available at regulations.gov under Docket No. FAA-2024-0464.
     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: Yaser Osman, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 860-
386-1786; 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-2024-0464; Project Identifier 
MCAI-2022-01556-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 Yaser 
Osman, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 860-386-1786; 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

    The FAA issued AD 2021-09-03, Amendment 39-21516 (86 FR 20266, 
April 19, 2021); corrected April 27, 2021 (86 FR 22111) (AD 2021-09-
03), for certain Airbus Canada Limited Partnership Model BD-500-1A10 
and BD-500-1A11 airplanes. AD 2021-09-03 was prompted by an MCAI 
originated by Transport Canada, which is the aviation authority for 
Canada. Transport Canada issued AD CF-2021-10, dated March 18, 2021 
(Transport Canada AD CF-2021-10), to correct an unsafe condition.
    AD 2021-09-03 requires repetitive replacements of the ELT antenna 
with a new ELT antenna and repetitive inspections for damage of the 
exterior fuselage skin around the ELT antenna attachment area. The FAA 
issued AD

[[Page 17344]]

2021-09-03 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.

Actions Since AD 2021-09-03 Was Issued

    Since the FAA issued AD 2021-09-03, Transport Canada superseded 
Transport Canada AD CF-2021-10 and issued Transport Canada AD CF-2022-
67, dated December 6, 2022 (Transport Canada AD CF-2022-67) (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. The MCAI states that since Transport Canada AD CF-2021-10 
was issued, an aluminum ELT antenna has been made available to prevent 
ELT antenna failures resulting from vibration loads induced by air 
vortices shed by the Gogo 2Ku antenna radome. In addition, there was an 
in-service failure of an ELT antenna that occurred before the 
repetitive replacement interval required by Transport Canada AD CF-
2021-10 was reached. The MCAI also states installation of the aluminum 
ELT antenna terminates the requirements of Transport Canada CF-2022-67, 
and that the applicability has been limited to airplanes on which the 
aluminum ELT antenna has not been installed in production.
    The FAA is proposing 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. You 
may examine the MCAI in the AD docket at regulations.gov under Docket 
No. FAA-2024-0464.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-09-03, this proposed AD would retain all of the 
requirements of AD 2021-09-03. Those requirements are referenced in 
Transport Canada AD CF-2022-67, which, in turn, is referenced in 
paragraph (g) of this proposed AD.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2022-67 specifies procedures for:
     Repetitive replacements of the ELT antenna with a new ELT 
antenna and repetitive inspections for damage (including cracking) of 
the exterior fuselage skin around the ELT antenna attachment area, and
     A one-time replacement of the ELT antenna with a new 
aluminum ELT antenna, and detailed inspection for damage (including 
cracking) of the exterior fuselage skin around the ELT antenna 
attachment holes, and repair of any damage, which terminate the 
repetitive replacements and inspections.
    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

    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-2022-67 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-2022-67 by reference 
in the FAA final rule. This proposed AD would, therefore, require 
compliance with Transport Canada AD CF-2022-67 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-2022-67 for compliance will be 
available at regulations.gov under Docket No. FAA-2024-0464 after the 
FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 56 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-09-03...  4 work-hours x $85 per            $4,230          $4,570        $255,920
                                         hour = $340.
New proposed actions..................  4 work-hours x $85 per             5,561           5,901         330,456
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....          $2,000           $2,340
------------------------------------------------------------------------


[[Page 17345]]

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the cost estimate.

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:
0
a. Removing Airworthiness Directive (AD) 2021-09-03, Amendment 39-21516 
(86 FR 20266, April 19, 2021); corrected April 27, 2021 (86 FR 22111); 
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-2024-0464; Project Identifier MCAI-2022-01556-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 25, 2024.

(b) Affected ADs

    This AD replaces AD 2021-09-03, Amendment 39-21516 (86 FR 20266, 
April 19, 2021); corrected April 27, 2021 (86 FR 22111) (AD 2021-09-
03).

(c) Applicability

    This AD applies to Airbus Canada Limited Partnership Model BD-
500-1A10 and BD-500-1A11 airplanes, certificated in any category, as 
identified in Transport Canada AD CF-2022-67, dated December 6, 2022 
(Transport Canada AD CF-2022-67).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings; 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of the failure of emergency 
locator transmitter (ELT) antennas, including an in-service failure 
that occurred before the repetitive replacement interval required by 
AD 2021-09-03, and by the development of a terminating action. The 
FAA is issuing this AD to address ELT antenna failure. The unsafe 
condition, if not addressed, could result in loss of the ELT antenna 
and the development of fuselage cracks that can result in an 
inability to maintain cabin pressure.

(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-2022-67.

(h) Exception to Transport Canada AD CF-2022-67

    (1) Where Transport Canada AD CF-2022-67 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-67 refers to April 1, 2021 
(the effective date of Transport Canada AD CF-2021-10, dated March 
18, 2021), this AD requires using May 4, 2021 (the effective date of 
AD 2021-09-03).
    (3) Where Transport Canada AD CF-2022-67 refers to hours air 
time, this AD requires using flight hours.
    (4) Where paragraph C. of Transport Canada AD CF-2022-67 
specifies to ``replace the ELT antenna with a new aluminum ELT 
antenna and inspect the exterior fuselage skin around the ELT 
antenna attachment holes for damage, repairing any damage found 
before further flight,'' this AD requires replacing that text with 
``replace the ELT antenna with a new aluminum ELT antenna, including 
doing an inspection of the exterior fuselage skin around the ELT 
antenna attachment holes for damage, and, before further flight, 
repair any damage found.''

(i) 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 (j) of this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2021-09-03 are not 
approved as AMOCs for the corresponding provisions of Transport 
Canada AD CF-2022-67 that are required by paragraph (g) of this AD.
    (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.

(j) Additional Information

    For more information about this AD, contact Yaser Osman, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 860-386-1786; email: 
[email protected].

(k) 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.

[[Page 17346]]

    (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-2022-67, dated December 6, 2022.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2022-67, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; website tc.canada.ca/en/
aviation.
    (4) 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.
    (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 March 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04955 Filed 3-8-24; 8:45 am]
BILLING CODE 4910-13-P

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