Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 35690-35693 [2024-09352]

Download as PDF 35690 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations Rural Area is any political subdivision or unincorporated area: (1) In a nonmetropolitan county (as defined by the Secretary of Agriculture) or its equivalent thereof; or (2) In a metropolitan county or its equivalent that has a resident population of less than 20,000 if the Small Business Administration has determined such political subdivision or area to be rural. Specialized Intermediary is an Intermediary which maintains a portfolio of Microloans averaging $10,000 or less. ■ 3. Amend § 120.706 by revising paragraph (a) to read as follows: khammond on DSKJM1Z7X2PROD with RULES § 120.712 How does an Intermediary get a grant to assist Microloan borrowers? (a) General. (1) Except as provided in (a)(2) of this section, an Intermediary is eligible to receive a base grant of not more than 25 percent of the outstanding balance of all SBA loans to the Intermediary. (2) In fiscal years in which the amount appropriated for grants is sufficient to provide all Intermediaries with a base grant equal to 25 percent or more of their total outstanding SBA loan balances, then the amount of base grants to eligible Intermediaries will be equal to at least 25 percent of the outstanding balance of all SBA loans to the Intermediary and not more than 30 percent of such balance. (3) The Intermediary must contribute, solely from non-Federal sources, an amount equal to 25 percent of the grant. Contributions may be made in cash or in kind. * * * * * (c) Intermediaries eligible to receive additional bonus grant monies. An Intermediary may receive an additional SBA grant equal to five percent of the outstanding balance of all loans received from SBA (with no obligation to contribute additional matching funds) if the Intermediary: (1) Is a Specialized Intermediary; Jkt 262001 [FR Doc. 2024–09520 Filed 5–1–24; 8:45 am] BILLING CODE 8026–09–P DEPARTMENT OF TRANSPORTATION 14 CFR Part 39 (a) Loan amount. An Intermediary may not borrow more than $750,000 in the first year of participation in the program, or more than $3,000,000 in any subsequent year. An Intermediary’s obligation to SBA may not exceed an aggregate of $7 million, subject to statutory limitations on the total amount of funds available per state. * * * * * ■ 4. Amend § 120.712 by revising paragraphs (a) and (c) to read as follows: 16:20 May 01, 2024 Isabella C. Guzman, Administrator. Federal Aviation Administration § 120.706 What are the terms and conditions of an SBA loan to an Intermediary? VerDate Sep<11>2014 (2) Provides not less than 25 percent of its loans to small business concerns located in or owned by one or more residents of an Economically Distressed Area; or (3) Maintains a portfolio of Microloans of which at least 25 percent is serving Rural Areas. * * * * * [Docket No. FAA–2023–1817; Project Identifier MCAI–2023–00664–T; Amendment 39–22732; AD 2024–07–11] 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: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500– 1A11 airplanes. This AD was prompted by a design review that identified the fixed emergency locator transmitter (ELT) lithium batteries would not be sufficiently cooled by the outside air in the event of a thermal runaway event. This AD requires replacing the ELT with a new ELT with redesigned batteries, as specified in a Transport Canada AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 6, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 6, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1817; 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 final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for SUMMARY: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For material that is identified in this final rule, 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. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available in the AD docket at regulations.gov under Docket No. FAA– 2023–1817. FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Canada Limited Partnership Model BD–500–1A10 and BD–500–1A11 airplanes. The NPRM published in the Federal Register on September 6, 2023 (88 FR 60899). The NPRM was prompted by AD CF–2023– 31, dated May 8, 2023 (Transport Canada AD CF–2023–31) (also referred to as the MCAI), issued by Transport Canada, which is the aviation authority for Canada. The MCAI states a design review identified that the fixed ELT lithium batteries would not be sufficiently cooled by the outside air in the event of a thermal runaway event. As a result, a thermal runaway could lead to an uncontrolled fire of the fixed ELT, which may compromise the structural integrity of the aircraft structure in the area where the fixed ELT is installed. The FAA is issuing 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–2023–1817. Discussion of Final Airworthiness Directive Comments The FAA received comments from the Air Line Pilots Association, E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations International (ALPA) who supported the NPRM without change. The FAA received additional comments from Delta Air Lines (Delta). The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Add Exception To Clarify Acceptable Compliance Methods Delta requested that the FAA add an exception to clarify the acceptable compliance methods stated in Transport Canada AD CF–2023–31. Delta noted that Transport Canada AD CF–2023–31 states a compliance time of 48 months from the effective date of the AD, unless already accomplished and also states credit is provided if Airbus Canada Service Bulletin BD500–256006, Issue 001, dated March 15, 2021, or Issue 002, dated November 24, 2021, is done before the effective date of the AD. Delta states these statements are contradictory and does not provide credit for later revisions of the service bulletin (i.e., Issues 003, 004, and 005). Delta requested that an exception paragraph be added to paragraph (h) of the proposed AD to specify that credit is given if actions are done before the effective date of the AD in accordance with Issues 001 through 005 of the service bulletin. The FAA disagrees with the request to add an exception to this AD. The two statements are not contradictory. Paragraph (f) of this AD states to accomplish the required actions within the compliance times specified, ‘‘unless already done.’’ Therefore, if operators have accomplished the actions required for compliance with this AD before the effective date of this AD, no further action is necessary. Adding an exception to Transport Canada AD CF– 2023–31 to provide credit for Issue 003, 004, and 005 of Airbus Canada Service Bulletin BD500–256006 is not necessary. Issue 003, 004, and 005 of Airbus Canada Service Bulletin BD500– 256006 (and later approved revisions) are always acceptable methods of compliance for accomplishing the actions of this AD, whether done before or after the effective date of the AD. The FAA has not changed this AD in this regard. Request for Exception To Correct Discrepancies in the Service Bulletin Delta requested that the FAA add an exception in paragraph (h) of the proposed AD to correct for the following discrepancies in all issues 01 through 05 of Airbus Canada Service Bulletin BD500–256006. 1. Step 3.2.2 in Airbus Canada Service Bulletin BD500–256006 Issue 001, 002, and 003 states to keep the washers, and in Airbus Canada Service Bulletin BD500–256006 Issue 004 and 005 does not mention whether to keep or discard the washers. Delta stated that new washers are provided in the servicing kit. 2. Step 3.4.3 refers to bracket (4) in figure 4 instead of the correct bracket (8). 3. Step 3.4.4 refers to bracket (8) in figure 4 instead of the correct bracket (4). 4. Step 3.4.6 states to ‘‘Do a countersink in the hole of the support (4) for the rivet (6).’’ The support references the wrong item number, which should be support (3). 5. Step 3.5.3 states to ‘‘torque the screw (7) (refer to AMP BD500–A–J20– 31–00–00AAA–711A–A).’’ Both, Step 3.5.3, and the AMP (Approved Maintenance Publications) reference do not include a torque value. 6. Step 1.ii.11. of Appendix 2 states to ‘‘install the wire harness ID–TAG CPATE1033–001 over the EXPANDO on the marked location.’’ Delta discovered that since the wire harness ID tag labeled CPATE1033–001 is a shrink wrap ID tag, it is not possible to remove as originally instructed in Steps 1.ii.7. and 8. of Appendix 2 and re-install over the EXPANDO (wire bundle protection sleeve). Delta requested that the proposed AD specify that it is acceptable to leave the ID tag access, where it is still visible under the EXPANDO. 35691 The FAA agrees with the commenter’s request, and confirmed with the manufacturer that the service information is incorrect. The manufacturer is considering addressing any errors in a future revision of Airbus Canada Service Bulletin BD500–256006. The FAA has added paragraphs (h)(2) through (7) to this AD to provide the requested clarification. Conclusion 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 reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 Transport Canada AD CF–2023–31 specifies procedures for replacing the fixed ELT with an ELT with improved batteries that do not rely on cooling from the outside. The replacement includes modifying two electrical harnesses and installing a new ELT support assembly, ELT, and aircraft identification module (AIM). 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. Costs of Compliance The FAA estimates that this AD affects 71 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: khammond on DSKJM1Z7X2PROD with RULES ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 19 work-hours × $85 per hour = $1,615 ..................................................................................... $12,804 $14,419 $1,023,749 The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD may be covered rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 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 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\02MYR1.SGM 02MYR1 35692 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations 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. (a) Effective Date Regulatory Findings Air Transport Association (ATA) of America Code: 25, Equipment/furnishings. This AD will not have federalism implications under Executive Order 13132. This AD will 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 that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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: khammond on DSKJM1Z7X2PROD with RULES ■ 2024–07–11 Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.): Amendment 39–22732; Docket No. FAA–2023–1817; Project Identifier MCAI–2023–00664–T. VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 This airworthiness directive (AD) is effective June 6, 2024. (b) Affected ADs None. (c) Applicability This AD applies to 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, as identified in Transport Canada AD CF–2023–31, dated May 8, 2023 (Transport Canada AD CF– 2023–31). (d) Subject (e) Unsafe Condition This AD was prompted by a design review that identified the fixed emergency locator transmitter (ELT) lithium batteries would not be sufficiently cooled by the outside air in the event of a thermal runaway event. The FAA is issuing this AD to address a thermal runaway that could lead to an uncontrolled fire of the fixed ELT. The unsafe condition, if not addressed, may compromise the structural integrity of the aircraft structure in the area where the fixed ELT is installed. (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– 2023–31. (h) Exceptions to Transport Canada AD CF– 2023–31 (1) Where Transport Canada AD CF–2023– 31 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Step 3.2.2 of the service information referenced in AD CF–2023–31 specifies to either to keep the washers or does not specify whether to keep or discard the washers, this AD requires the washers to be discarded. (3) Where Step 3.4.3 of the service information referenced in AD CF–2023–31 specifies ‘‘Backdrill three holes from the bracket (4) to a diameter of 0.160 to 0.164 in. (4.06 to 4.17 mm) in the support (3).’’, for this AD, replace that text with ‘‘Backdrill three holes from the bracket (8) to a diameter of 0.160 to 0.164 in. (4.06 to 4.17 mm) in the support (3).’’ (4) Where Step 3.4.4 of the service information referenced in AD CF–2023–31 specifies ‘‘Backdrill three holes from the bracket (8) to a diameter of 0.160 to 0.164 in. (4.06 to 4.17 mm) in the support (3).’’, for this AD, replace that text with ‘‘Backdrill three holes from the bracket (4) to a diameter of 0.160 to 0.164 in. (4.06 to 4.17 mm) in the support (3).’’ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 (5) Where Step 3.4.6 of the service information referenced in AD CF–2023–31 specifies ‘‘Do a countersink in the hole of the support (4) for the rivet (6)’’, for this AD replace that text with ‘‘Do a countersink in the hole of the support (3) for the rivet (6).’’ (6) Where Step 3.5.3 of the service information referenced in AD CF–2023–31 specifies to torque the screw, this AD does not require that action. (7) Where Steps 1.ii.7., 8. and 11. of Appendix 2 of the service information referenced in AD CF–2023–31 specifies to mark, remove, and re-install the wire harness ID tag CPATE1033–001, this AD does not require those actions. (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 International Validation Branch, send it to the attention of the person identified in paragraph (j)(1) 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 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 (i)(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. (j) Additional Information For more information about this AD, contact: Steven Dzierzynski, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@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 E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations 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–2023–31, dated May 8, 2023. (ii) [Reserved] (3) For Transport Canada AD CF–2023–31, 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 material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, 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 April 4, 2024. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–09352 Filed 5–1–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–2402; Project Identifier MCAI–2023–00370–T; Amendment 39–22731; AD 2024–07–10] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL–600–2B16 (604 Variant) airplanes. This AD was prompted by a report indicating that a new filter plate connector for the nose wheel steering (NWS) system electronic control module (ECM) does not meet certain certification requirements. This AD requires replacing all affected ECMs. This AD also prohibits the installation of affected parts under certain conditions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 6, 2024. The Director of the Federal Register approved the incorporation by reference khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 of certain publications listed in this AD as of June 6, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–2402; 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 final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For service information identified in this final rule, 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. It is also available at regulations.gov under Docket No. FAA– 2023–2402. FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, 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: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model CL–600–2B16 (601–3A, 601–3R, and 604 Variants) airplanes. The NPRM published in the Federal Register on December 28, 2023 (88 FR 89633). The NPRM was prompted by AD CF–2023– 14R1, dated May 15, 2023 (Transport Canada AD CF–2023–14R1) (referred to after this as the MCAI), issued by Transport Canada, which is the aviation authority for Canada. The MCAI states that the manufacturer of the NWS system ECM, part number (P/N) 601– 86100–27, introduced a new filter plate connector that does not meet the certification requirements related to the susceptibility of electronic components to high intensity radiated field. This non-compliant filter plate connector, if not replaced, could result in a PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 35693 malfunction of the NWS system causing potential un-commanded steering or lateral excursion from the runway. In the NPRM, the FAA proposed to require replacing all affected noncompliant ECMs. The FAA is issuing 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–2023–2402. Discussion of Final Airworthiness Directive Comments The FAA received comments from two commenters, Bombardier and NetJets. The following presents the comments received on the NPRM and the FAA’s response to each comment. Request to Provide a Figure Title Both Bombardier and NetJets requested that a title be provided for the figure referenced in paragraph (g) of the NPRM because the title is missing. The FAA agrees. The title ‘‘Figure 1 to the introductory text of paragraph (g)—Applicable Bombardier Service Bulletins’’ has been added to the referenced figure. Request To Change the Applicability Bombardier also requested that the Applicability of the proposed AD be changed. Bombardier noted that Model 601–3A and 601–3R variants are not impacted by this issue and should not be subject to this AD. The FAA agrees. The Applicability of this AD has been changed accordingly. Request for Clarification of Service Information Effectivity NetJets noted that Bombardier Service Bulletin 650–32–006 is effective only for serial numbers 6050 through 6171. NetJets requested that the proposed AD be revised to provide direction for airplane serial numbers outside that range. The FAA does not agree to revise this AD but will clarify. Bombardier has confirmed that all instructions in Service Bulletin 650–32–006 can be accomplished on serial numbers 6172 and subsequent. Because the affected ECMs are rotable parts, the FAA has determined that these parts could later be installed on airplanes that were initially delivered with acceptable ECMs, thereby subjecting those airplanes to the unsafe condition. The FAA has not changed this AD as a result of this comment. Conclusion This product has been approved by the aviation authority of another E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35690-35693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09352]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1817; Project Identifier MCAI-2023-00664-T; 
Amendment 39-22732; AD 2024-07-11]
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: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a design review that identified 
the fixed emergency locator transmitter (ELT) lithium batteries would 
not be sufficiently cooled by the outside air in the event of a thermal 
runaway event. This AD requires replacing the ELT with a new ELT with 
redesigned batteries, as specified in a Transport Canada AD, which is 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective June 6, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 6, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1817; 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 final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material that is identified in this final rule, 
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.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1817.

FOR FURTHER INFORMATION CONTACT: Steven Dzierzynski, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM published in the Federal Register on September 6, 2023 (88 FR 
60899). The NPRM was prompted by AD CF-2023-31, dated May 8, 2023 
(Transport Canada AD CF-2023-31) (also referred to as the MCAI), issued 
by Transport Canada, which is the aviation authority for Canada. The 
MCAI states a design review identified that the fixed ELT lithium 
batteries would not be sufficiently cooled by the outside air in the 
event of a thermal runaway event. As a result, a thermal runaway could 
lead to an uncontrolled fire of the fixed ELT, which may compromise the 
structural integrity of the aircraft structure in the area where the 
fixed ELT is installed.
    The FAA is issuing 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-2023-1817.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,

[[Page 35691]]

International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from Delta Air Lines (Delta). 
The following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request To Add Exception To Clarify Acceptable Compliance Methods

    Delta requested that the FAA add an exception to clarify the 
acceptable compliance methods stated in Transport Canada AD CF-2023-31. 
Delta noted that Transport Canada AD CF-2023-31 states a compliance 
time of 48 months from the effective date of the AD, unless already 
accomplished and also states credit is provided if Airbus Canada 
Service Bulletin BD500-256006, Issue 001, dated March 15, 2021, or 
Issue 002, dated November 24, 2021, is done before the effective date 
of the AD. Delta states these statements are contradictory and does not 
provide credit for later revisions of the service bulletin (i.e., 
Issues 003, 004, and 005). Delta requested that an exception paragraph 
be added to paragraph (h) of the proposed AD to specify that credit is 
given if actions are done before the effective date of the AD in 
accordance with Issues 001 through 005 of the service bulletin.
    The FAA disagrees with the request to add an exception to this AD. 
The two statements are not contradictory. Paragraph (f) of this AD 
states to accomplish the required actions within the compliance times 
specified, ``unless already done.'' Therefore, if operators have 
accomplished the actions required for compliance with this AD before 
the effective date of this AD, no further action is necessary. Adding 
an exception to Transport Canada AD CF-2023-31 to provide credit for 
Issue 003, 004, and 005 of Airbus Canada Service Bulletin BD500-256006 
is not necessary. Issue 003, 004, and 005 of Airbus Canada Service 
Bulletin BD500-256006 (and later approved revisions) are always 
acceptable methods of compliance for accomplishing the actions of this 
AD, whether done before or after the effective date of the AD. The FAA 
has not changed this AD in this regard.

Request for Exception To Correct Discrepancies in the Service Bulletin

    Delta requested that the FAA add an exception in paragraph (h) of 
the proposed AD to correct for the following discrepancies in all 
issues 01 through 05 of Airbus Canada Service Bulletin BD500-256006.
    1. Step 3.2.2 in Airbus Canada Service Bulletin BD500-256006 Issue 
001, 002, and 003 states to keep the washers, and in Airbus Canada 
Service Bulletin BD500-256006 Issue 004 and 005 does not mention 
whether to keep or discard the washers. Delta stated that new washers 
are provided in the servicing kit.
    2. Step 3.4.3 refers to bracket (4) in figure 4 instead of the 
correct bracket (8).
    3. Step 3.4.4 refers to bracket (8) in figure 4 instead of the 
correct bracket (4).
    4. Step 3.4.6 states to ``Do a countersink in the hole of the 
support (4) for the rivet (6).'' The support references the wrong item 
number, which should be support (3).
    5. Step 3.5.3 states to ``torque the screw (7) (refer to AMP BD500-
A-J20-31-00-00AAA-711A-A).'' Both, Step 3.5.3, and the AMP (Approved 
Maintenance Publications) reference do not include a torque value.
    6. Step 1.ii.11. of Appendix 2 states to ``install the wire harness 
ID-TAG CPATE1033-001 over the EXPANDO on the marked location.'' Delta 
discovered that since the wire harness ID tag labeled CPATE1033-001 is 
a shrink wrap ID tag, it is not possible to remove as originally 
instructed in Steps 1.ii.7. and 8. of Appendix 2 and re-install over 
the EXPANDO (wire bundle protection sleeve). Delta requested that the 
proposed AD specify that it is acceptable to leave the ID tag access, 
where it is still visible under the EXPANDO.
    The FAA agrees with the commenter's request, and confirmed with the 
manufacturer that the service information is incorrect. The 
manufacturer is considering addressing any errors in a future revision 
of Airbus Canada Service Bulletin BD500-256006. The FAA has added 
paragraphs (h)(2) through (7) to this AD to provide the requested 
clarification.

Conclusion

    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 reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. Except for minor editorial 
changes, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2023-31 specifies procedures for replacing 
the fixed ELT with an ELT with improved batteries that do not rely on 
cooling from the outside. The replacement includes modifying two 
electrical harnesses and installing a new ELT support assembly, ELT, 
and aircraft identification module (AIM). 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.

Costs of Compliance

    The FAA estimates that this AD affects 71 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
19 work-hours x $85 per hour = $1,615........................         $12,804          $14,419       $1,023,749
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this 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

[[Page 35692]]

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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:

2024-07-11 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22732; Docket No. FAA-2023-1817; 
Project Identifier MCAI-2023-00664-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 6, 2024.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to 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, as identified in Transport 
Canada AD CF-2023-31, dated May 8, 2023 (Transport Canada AD CF-
2023-31).

 (d) Subject

    Air Transport Association (ATA) of America Code: 25, Equipment/
furnishings.

 (e) Unsafe Condition

    This AD was prompted by a design review that identified the 
fixed emergency locator transmitter (ELT) lithium batteries would 
not be sufficiently cooled by the outside air in the event of a 
thermal runaway event. The FAA is issuing this AD to address a 
thermal runaway that could lead to an uncontrolled fire of the fixed 
ELT. The unsafe condition, if not addressed, may compromise the 
structural integrity of the aircraft structure in the area where the 
fixed ELT is installed.

 (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-2023-31.

 (h) Exceptions to Transport Canada AD CF-2023-31

    (1) Where Transport Canada AD CF-2023-31 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Step 3.2.2 of the service information referenced in AD 
CF-2023-31 specifies to either to keep the washers or does not 
specify whether to keep or discard the washers, this AD requires the 
washers to be discarded.
    (3) Where Step 3.4.3 of the service information referenced in AD 
CF-2023-31 specifies ``Backdrill three holes from the bracket (4) to 
a diameter of 0.160 to 0.164 in. (4.06 to 4.17 mm) in the support 
(3).'', for this AD, replace that text with ``Backdrill three holes 
from the bracket (8) to a diameter of 0.160 to 0.164 in. (4.06 to 
4.17 mm) in the support (3).''
    (4) Where Step 3.4.4 of the service information referenced in AD 
CF-2023-31 specifies ``Backdrill three holes from the bracket (8) to 
a diameter of 0.160 to 0.164 in. (4.06 to 4.17 mm) in the support 
(3).'', for this AD, replace that text with ``Backdrill three holes 
from the bracket (4) to a diameter of 0.160 to 0.164 in. (4.06 to 
4.17 mm) in the support (3).''
    (5) Where Step 3.4.6 of the service information referenced in AD 
CF-2023-31 specifies ``Do a countersink in the hole of the support 
(4) for the rivet (6)'', for this AD replace that text with ``Do a 
countersink in the hole of the support (3) for the rivet (6).''
    (6) Where Step 3.5.3 of the service information referenced in AD 
CF-2023-31 specifies to torque the screw, this AD does not require 
that action.
    (7) Where Steps 1.ii.7., 8. and 11. of Appendix 2 of the service 
information referenced in AD CF-2023-31 specifies to mark, remove, 
and re-install the wire harness ID tag CPATE1033-001, this AD does 
not require those actions.

 (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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j)(1) 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 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 (i)(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.

 (j) Additional Information

    For more information about this AD, contact: Steven Dzierzynski, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; 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

[[Page 35693]]

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-2023-31, dated May 8, 2023.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2023-31, 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 material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, 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 April 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09352 Filed 5-1-24; 8:45 am]
BILLING CODE 4910-13-P
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