Airworthiness Directives; Bombardier, Inc., Airplanes, 21443-21446 [2024-06521]
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ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Proposed Rules
($34.0 million in annual sales), using
two-year average data, and assuming
that the 2 handlers are about the same
size. In a large crop year, one or both
handlers could be considered large
handlers, depending on the proportion
of the crop that each of the handlers
processed.
This proposal would decrease the
assessment rate collected from handlers
for the 2024 fiscal year and subsequent
fiscal years from $35 to $28 per ton of
assessable olives. The Committee
unanimously recommended 2024
expenditures of $1,100,151 and an
assessment rate of $28 per ton. The
recommended assessment rate of $28 is
$7 lower than the 2023 assessment rate.
The quantity of assessable olives
harvested in the 2023 crop year is
estimated to be 34,000 tons, compared
to 19,912 tons in 2022. Olives are an
alternate-bearing crop, with a small crop
(2022) followed by a large crop (2023).
Income derived from the $28 per ton
assessment rate, along with interest
income and funds from the authorized
reserve, would be adequate to meet this
fiscal year’s budgeted expenditures.
The major expenditures
recommended by the Committee for the
2024 fiscal year include $350,250 for
program administration, $164,650 for
export programs, $197,500 for marketing
activities, $302,751 for research, and
$85,000 for inspection. Budgeted
expenses for these items during the
2023 fiscal year were $399,700,
$148,000, $193,000, $325,712, and
$88,000, respectively.
The Committee deliberated on many
of the expenses, weighed the relative
value of various programs or projects,
and decreased their expenses for
inspection and research activities while
increasing marketing activities. Overall,
the 2024 budget of $1,100,151 is
$54,261 less than the $1,154,412
budgeted for the 2023 fiscal year.
Prior to arriving at this budget and
assessment rate, the Committee
considered information from various
sources including the Committee’s
Executive, Marketing, Inspection, and
Research Subcommittees. Alternate
expenditure levels were discussed by
these groups, based upon the relative
value of various projects to the olive
industry and the increased olive
production. The assessment rate of $28
per ton of assessable olives was derived
by considering anticipated expenses, the
high volume of assessable olives, the
current balance in the monetary reserve,
and additional pertinent factors.
A review of information from NASS
indicates that the average producer
price for the 2022 crop year (the most
recent year for which information is
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available) was $913 per ton. Therefore,
utilizing the recommended assessment
rate of $28 per ton, assessment revenue
for the 2024 fiscal year as a percentage
of total producer revenue would be
approximately 3.1 percent ($28 divided
by $913 times 100).
This proposed action would decrease
the assessment obligation imposed on
handlers. Assessments are applied
uniformly on all handlers. Some of the
assessment costs to handlers may be
passed on to producers. Decreasing the
assessment rate would reduce the
burden on handlers and may also,
therefore, reduce the burden on
producers.
The Committee’s meetings are widely
publicized throughout the production
area. The olive industry and all
interested persons are invited to attend
the meetings and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
December 12, 2023, meeting was a
public meeting and all entities, both
large and small, were able to express
views on this issue. In addition,
interested persons are invited to submit
comments on this proposed rule,
including the regulatory and
information collection impacts of this
action on small businesses.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by OMB and
assigned OMB No. 0581–0178 Vegetable
and Specialty Crops. No changes in
those requirements as a result of this
action are necessary. Should any
changes become necessary, they would
be submitted to OMB for approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large California olive handlers.
As with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://
www.ams.usda.gov/rules-regulations/
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21443
moa/small-businesses. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Committee and other
available information, USDA has
determined that this proposed rule is
consistent with, and would effectuate
the purposes of, the Act.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. All written
comments timely received will be
considered before a final determination
is made on this rule.
List of Subjects in 7 CFR Part 932
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part
932 as follows:
PART 932—OLIVES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 932 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 932.230 is revised to read
as follows:
■
§ 932.230
Assessment rate.
On and after January 1, 2024, an
assessment rate of $28 per ton is
established for California olives.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–06482 Filed 3–27–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0767; Project
Identifier MCAI–2023–00723–T]
RIN 2120–AA64
Airworthiness Directives; 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
SUMMARY:
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Proposed Rules
certain Bombardier, Inc., Model BD–
700–2A12 airplanes. This proposed AD
was prompted by reports that the
baggage bay discharge push-button
annunciator (PBA) switch was making
contact but was not fully engaged, and
the tabs were not fully locked. This
proposed AD would require a
verification of the baggage bay discharge
PBA functionality and tab installation.
The FAA is proposing this AD to
address the unsafe condition on these
products.
The FAA must receive comments
on this proposed AD by May 13, 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–2024–0767; 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 Bombardier service information
identified in this NPRM, contact
Bombardier Business Aircraft Customer
Response Center, 400 Coˆte-Vertu Road
West, Dorval, Que´bec H4S 1Y9, Canada;
telephone 514–855–2999; email ac.yul@
aero.bombardier.com; website
bombardier.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195.
FOR FURTHER INFORMATION CONTACT:
William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
516–228–7300; email: 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
DATES:
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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–2024–0767; Project Identifier
MCAI–2023–00723–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend the proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
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 William Reisenauer,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 516–228–7300; 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–
36, dated May 29, 2023 (Transport
Canada AD CF–2023–36) (also referred
to after this as the MCAI), to correct an
unsafe condition on certain Bombardier,
Inc., Model BD–700–2A12 airplanes.
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The MCAI states that during the
execution of a functional test procedure
(FTP) during production, the baggage
bay discharge PBA switch was partially
engaged and failed to make electrical
contact. Further investigation showed
that in some instances, the baggage bay
discharge PBA switch was making
contact but was not fully engaged and
the tabs were not fully locked, so while
the PBA may pass the FTP, vibration
could eventually lead to a loss of
electrical contact and subsequent loss of
baggage bay discharge PBA switch
functionality.
The FAA is issuing this AD to address
the possible inability to discharge halon
into the baggage compartment in case of
a fire. The unsafe condition, if not
addressed, could result in the inability
to control a baggage compartment fire.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–0767.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Bombardier
Service Bulletin 700–26–7505, dated
February 10, 2023. This service
information specifies procedures for
doing a general visual inspection of the
baggage bay discharge PBA switch for
proper installation and a functional
operation test. This service information
is reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 42
airplanes of U.S. registry. The FAA
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Proposed Rules
21445
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
2 work-hours × $85 per hour = $170 ..........................................................................................
$0
$170
$7,140
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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.
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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
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:
■
Bombardier, Inc.: Docket No. FAA–2024–
0767; Project Identifier MCAI–2023–
00723–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by May 13,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model BD–700–2A12 airplanes, certificated
in any category, serial numbers 70006
through 70099 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 26, Fire protection.
(e) Unsafe Condition
This AD was prompted by reports that the
baggage bay discharge push-button
annunciator (PBA) switch was making
contact but was not fully engaged, and the
tabs were not fully locked. The FAA is
issuing this AD to address the possible
inability to discharge halon into the baggage
compartment in case of a fire. The unsafe
condition, if not addressed, could result in
the inability to control a baggage
compartment fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Required Actions
Within 36 months after the effective date
of this AD: Perform the inspection and
testing of the baggage bay discharge PBA
switch, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 700–26–7505, dated
February 10, 2023.
(h) 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 (i)(2) of this AD. Information may
be emailed to: 9-AVS-AIR-730-AMOC@
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
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(i) Additional Information
(1) Refer to Transport Canada AD CF–
2023–36, dated May 29, 2023 (Transport
Canada AD CF–2023–36) for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2024–0767.
(2) For more information about this AD,
contact William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 516–228–
7300; email: 9-avs-nyaco-cos@faa.gov.
(j) 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) Bombardier Service Bulletin 700–26–
7505, dated February 10, 2023.
(ii) [Reserved]
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Proposed Rules
(3) For service information identified in
this AD, contact Bombardier Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email
ac.yul@aero.bombardier.com; website
bombardier.com.
(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 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–06521 Filed 3–27–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0769; Project
Identifier AD–2023–00556–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 777
airplanes. This proposed AD was
prompted by a report indicating
multiple findings of cracks in the
fuselage skin common to the underwing
longeron (UWL). This proposed AD
would require external or internal
(depending on configuration)
inspections for any cracking of the left
and right side fuselage skin common to
the UWL, and applicable on-condition
actions. 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 May 13, 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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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• 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–2024–0769; 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 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. It is also available at
regulations.gov by searching for and
locating Docket No. FAA–2024–0769.
FOR FURTHER INFORMATION CONTACT: Luis
Cortez-Muniz, Aviation Safety Engineer,
FAA, 2200 South 216th St., Des Moines,
WA 98198; phone: 206–231–3958;
email: luis.a.cortez-muniz@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–2024–0769; Project Identifier AD–
2023–00556–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
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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 Luis Cortez-Muniz
Aviation Safety Engineer, FAA, 2200
South 216th St., Des Moines, WA 98198;
phone: 206–231–3958; email:
luis.a.cortez-muniz@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 reports
indicating multiple findings of cracks in
the fuselage skin common to the UWL
on all series of Boeing Model 777
airplanes. The crack findings were made
during UWL replacement or
accomplishing Boeing Service Bulletins
777–53–0084 or 777–53–0087, or Boeing
Requirements Bulletin 777–57A0122
RB. In many of the fuselage skin crack
reports, the UWL was reported not
damaged. The found fuselage skin
cracks were hidden externally by the
UWL, and internally by fuselage frames
and stringers. The fuselage skin cracks
were found on airplanes with as few as
2,000 total flight cycles and 18,000 total
flight hours. These fuselage skin cracks
were determined to be caused by cold
work surface upset that is not removed
from the mating parts and high joint
load transfer or significant local bending
stresses at critical fastener locations.
These conditions, if not addressed,
could result in an inability of a
principal structural element (PSE) to
sustain limit load, leading to reduced
structural integrity of the airplane and
possible loss of control of the airplane.
Boeing has issued Boeing Alert
Requirements Bulletin 777–53A0100
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Agencies
[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Proposed Rules]
[Pages 21443-21446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06521]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0767; Project Identifier MCAI-2023-00723-T]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for
[[Page 21444]]
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This proposed AD
was prompted by reports that the baggage bay discharge push-button
annunciator (PBA) switch was making contact but was not fully engaged,
and the tabs were not fully locked. This proposed AD would require a
verification of the baggage bay discharge PBA functionality and tab
installation. 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 May 13,
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-2024-0767; 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 Bombardier service information identified in this
NPRM, contact Bombardier Business Aircraft Customer Response Center,
400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514-855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website
bombardier.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 516-228-7300; 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-2024-0767; Project Identifier
MCAI-2023-00723-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
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
William Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516-228-7300; 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-2023-36, dated May 29, 2023 (Transport
Canada AD CF-2023-36) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
2A12 airplanes. The MCAI states that during the execution of a
functional test procedure (FTP) during production, the baggage bay
discharge PBA switch was partially engaged and failed to make
electrical contact. Further investigation showed that in some
instances, the baggage bay discharge PBA switch was making contact but
was not fully engaged and the tabs were not fully locked, so while the
PBA may pass the FTP, vibration could eventually lead to a loss of
electrical contact and subsequent loss of baggage bay discharge PBA
switch functionality.
The FAA is issuing this AD to address the possible inability to
discharge halon into the baggage compartment in case of a fire. The
unsafe condition, if not addressed, could result in the inability to
control a baggage compartment fire.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0767.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletin 700-26-7505, dated
February 10, 2023. This service information specifies procedures for
doing a general visual inspection of the baggage bay discharge PBA
switch for proper installation and a functional operation test. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with this State of Design Authority,
it has notified the FAA of the unsafe condition described in the MCAI
and service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 42 airplanes of U.S. registry. The FAA
[[Page 21445]]
estimates the following costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170........................... $0 $170 $7,140
----------------------------------------------------------------------------------------------------------------
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:
Bombardier, Inc.: Docket No. FAA-2024-0767; Project Identifier MCAI-
2023-00723-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 13, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70006
through 70099 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Unsafe Condition
This AD was prompted by reports that the baggage bay discharge
push-button annunciator (PBA) switch was making contact but was not
fully engaged, and the tabs were not fully locked. The FAA is
issuing this AD to address the possible inability to discharge halon
into the baggage compartment in case of a fire. The unsafe
condition, if not addressed, could result in the inability to
control a baggage compartment fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Within 36 months after the effective date of this AD: Perform
the inspection and testing of the baggage bay discharge PBA switch,
in accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 700-26-7505, dated February 10, 2023.
(h) 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 (i)(2) of this AD. Information may be emailed to: [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 Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.
(i) Additional Information
(1) Refer to Transport Canada AD CF-2023-36, dated May 29, 2023
(Transport Canada AD CF-2023-36) for related information. This
Transport Canada AD may be found in the AD docket at regulations.gov
under Docket No. FAA-2024-0767.
(2) For more information about this AD, contact William
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 516-228-7300; email: [email protected].
(j) 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) Bombardier Service Bulletin 700-26-7505, dated February 10,
2023.
(ii) [Reserved]
[[Page 21446]]
(3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514-855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website
bombardier.com.
(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 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-06521 Filed 3-27-24; 8:45 am]
BILLING CODE 4910-13-P