Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 51205-51208 [2024-13141]
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
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2022–0214 states, ‘‘condition (no sign of
damage, cracks or missing parts)’’ or
‘‘damaged’’ when referring to the break-away
pin; for this AD, replace that text with,
‘‘damage, which may be indicated by wear,
corrosion, nick, cracks, or distortion.’’
(6) Where the service information
referenced in paragraph (1) of EASA AD
2022–0214 states, ‘‘condition,’’ ‘‘damage/
wear,’’ and ‘‘damages’’ when referring to the
pulley cover; for this AD, replace that text
with, ‘‘damage, which may be indicated by
abrasion, cracks, punctures, cuts, corrosion,
or distortion.’’
(7) Where the service information
referenced in paragraph (1) of EASA AD
2022–0214 specifies removing the pully
cover in case it is not possible to properly
inspect the whole cover; for this AD,
removing the pulley cover to inspect the
whole cover is required.
(8) Where the service information
referenced in paragraph (1) of EASA AD
2022–0214 cautions that step 3.3 shall be
performed by trained operators or by
authorized service stations only, this AD
does not include those cautions. For this AD,
step 3.3 must be accomplished by persons
authorized under 14 CFR 43.3.
(9) Where paragraph (2) of EASA AD 2022–
0214 specifies ‘‘accomplish a check of the
affected emergency life-raft assembly,’’ this
AD requires replacing that text with
‘‘accomplish an emergency life-raft assembly
inspection.’’
(10) Where paragraph (4) of EASA AD
2022–0214 specifies ‘‘during the check of the
emergency life-raft assembly as required by
paragraph (2) of this AD,’’ this AD requires
replacing that text with ‘‘during the life-raft
assembly inspection as required by paragraph
(2) of this AD.’’
(11) Where paragraph (5) of EASA AD
2022–0214 specifies ‘‘before next flight after
the check as required by paragraph (2) of this
AD,’’ this AD requires replacing that text
with ‘‘before next flight after the life-raft
assembly inspection as required by paragraph
(2) of this AD.’’
(12) Where paragraph (5) of EASA AD
2022–0214 specifies to inform all flight crews
and, thereafter, operate the helicopter
accordingly, this AD does not require those
actions.
(13) Where Table 1 of paragraph (5) of
EASA AD 2022–0214 specifies ‘‘Within 120
days after accomplishment of the inspection
as required by paragraph (1) of this AD’’, this
AD requires replacing that text with ‘‘Before
next flight over water.’’
(14) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2022–0214.
(i) No Reporting or Return of Parts
Although the service information
referenced in EASA AD 2022–0214 specifies
to submit certain information and send
removed parts to the manufacturer, this AD
does not include those requirements.
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
For more information about this AD,
contact Sungmo Cho, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (781) 238–
7241; email: sungmo.d.cho@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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) European Union Aviation Safety Agency
(EASA) AD 2022–0214, dated October 21,
2022.
(ii) [Reserved]
(3) For EASA AD 2022–0214, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; phone +49 221 8999 000;
email ADs@easa.europa.eu; website
easa.europa.eu. You may find the EASA
material on the EASA website
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Parkway, Room 6N–
321, Fort Worth, TX 76177. For information
on the availability of this material at the
FAA, call (817) 222–5110.
(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 May 8, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–13163 Filed 6–14–24; 8:45 am]
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(j) Alternative Methods of Compliance
(AMOCs)
(1) 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
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51205
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1292; Project
Identifier MCAI–2023–00908–T; Amendment
39–22743; AD 2024–09–01]
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; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Canada Limited Partnership
Model BD–500–1A11 airplanes. This
AD was prompted by a design review
that found that the heat generated by a
thermal runaway event, caused by the
lithium batteries of the wardrobe
personal locator beacon (PLB) would
not be sufficiently mitigated by the PLB
design to prevent any adverse effect on
the two portable oxygen cylinder
assemblies located near the PLB
installation. This AD requires relocation
and replacement of the existing PLB
with a new PLB part number at the leftside forward wardrobe assembly, as
specified in a Transport Canada AD,
which is incorporated by reference. This
AD also prohibits the installation of
affected parts. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective July 2, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of July 2, 2024.
The FAA must receive comments on
this AD by August 1, 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.
SUMMARY:
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–1292; 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 street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For Transport Canada material,
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 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–2024–1292.
FOR FURTHER INFORMATION CONTACT:
William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590;
telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this final rule. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2024–1292; Project Identifier
MCAI–2023–00908–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the final rule, 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 final rule
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 final rule.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
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Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this AD 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 AD,
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 AD. Submissions containing CBI
should be sent to William Reisenauer,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 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–
57, dated July 25, 2023 (Transport
Canada AD CF–2023–57) (also referred
to after this as the MCAI), to correct an
unsafe condition on certain Airbus
Canada Limited Partnership Model BD–
500–1A11 airplanes. The MCAI states
that a design review of the wardrobe
PLB with lithium batteries indicated
that certain original design assumptions
were incorrect. The subject PLB, if
installed, is in the left-side forward
wardrobe. It was found that the heat
generated by a thermal runaway event,
caused by the lithium batteries, would
not be sufficiently mitigated by the PLB
design to prevent any adverse effect on
the two portable oxygen cylinder
assemblies (POCAs) located near the
PLB installation. As a result, a thermal
runaway could lead to the release of
oxygen from each POCA, which could
feed the fire caused by the thermal
runaway of the lithium batteries.
The FAA is issuing this AD to prevent
a lithium battery fire of the PLB at the
left-side forward wardrobe assembly.
The unsafe condition, if not addressed,
could result in fire and smoke in the
cabin leading to reduced ability of the
flightcrew to maintain the safe flight
and landing of the airplane. You may
examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA–
2024–1292.
Related Service Information Under 1
CFR Part 51
The FAA reviewed Transport Canada
AD CF–2023–57, which specifies
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procedures for removal of the PLB part
number (P/N) 500–12Y, modification of
the left-side forward wardrobe
assembly, and installation of a new PLB
P/N 500–32–2Y–H with a new mounting
bracket and hardware attachments. This
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in
ADDRESSES.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
AD Requirements
This AD requires accomplishing the
actions specified in Transport Canada
AD CF–2023–57 described previously,
except for any differences identified as
exceptions in the regulatory text of this
AD. This AD also prohibits the
installation of affected parts.
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, Transport Canada AD
CF–2023–57 is incorporated by
reference in this AD. This AD requires
compliance with Transport Canada AD
CF–2023–57 in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Service
information required by Transport
Canada AD CF–2023–57 for compliance
will be available at regulations.gov
under Docket No. FAA–2024–1292 after
this AD is published.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
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procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
effective in less than thirty days, upon
a finding of good cause.
There are currently no domestic
operators of these products.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the foregoing reason(s), the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
51207
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without prior
notice and comment, RFA analysis is
not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Registry in the future, the FAA
provides the following cost estimates to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
3 work-hours × $85 per hour = $255 ..............................................................................................................
(*)
$255
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this AD.
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.
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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
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,
and
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(2) Will not affect intrastate aviation
in Alaska.
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:
■
2024–09–01 Airbus Canada Limited
Partnership (Type Certificate Previously
Held by C Series Aircraft Limited
Partnership (CSALP); Bombardier, Inc.):
Amendment 39–22743; Docket No.
FAA–2024–1292; Project Identifier
MCAI–2023–00908–T.
(a) Effective Date
This airworthiness directive (AD) is
effective July 2, 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–
1A11 airplanes, certificated in any category,
as identified in Transport Canada AD CF–
2023–57, dated July 25, 2023 (Transport
Canada AD CF–2023–57).
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(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by a design review
that found that the heat generated by a
thermal runaway event, caused by the
lithium batteries of the wardrobe personal
locator beacon (PLB) would not be
sufficiently mitigated by the PLB design to
prevent any adverse effect on the two
portable oxygen cylinder assemblies located
near the PLB installation. The FAA is issuing
this AD to prevent a lithium battery fire at
the left-side forward wardrobe assembly. The
unsafe condition, if not addressed, could
result in fire and smoke in the cabin leading
to reduced ability of the flightcrew to
maintain the safe flight and landing of the
airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) PLB Relocation and Replacement
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–
2023–57.
(h) Exception To Transport Canada AD CF–
2023–57
Where Transport Canada AD CF–2023–57
refers to its effective date, this AD requires
using the effective date of this AD.
(i) Parts Installation Prohibition
As of the effective date of this AD, no
person may install a PLB part number 500–
12Y on any airplane.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
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In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (k) of this AD. Information may be
emailed to: 9-AVS-NYACO-COS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or Transport Canada; or Airbus
Canada Limited Partnership’s Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(k) Additional Information
For more information about this AD,
contact William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(l) Material Incorporated by Reference
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(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF–2023–57,
dated July 25, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–57,
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 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 June 11, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2024–13141 Filed 6–14–24; 8:45 am]
16:18 Jun 14, 2024
17 CFR Part 146
RIN 3038–AF22
Privacy Act Regulations
Commodity Futures Trading
Commission.
ACTION: Final rule.
AGENCY:
The Commodity Futures
Trading Commission (CFTC or
Commission) is adopting amendments
to certain of its regulations regarding
exemptions for certain systems of
records from one or more provisions of
the Privacy Act of 1974 (Privacy Act) in
order to better conform to the
requirements of the Privacy Act and the
guidance contained in Office of
Management and Budget (OMB)
Circular A–108, Federal Agency
Responsibilities for Review, Reporting,
and Publication Under the Privacy Act
(OMB A–108). The final rule more
specifically identifies the systems of
records currently included in the
regulation, adds additional systems of
records that the Commission is
exempting, enumerates the sections of
the Privacy Act from which the
Commission is exempting each system
of records, sets forth the reasons for
those exemptions, and reorganizes the
regulations for ease of reference.
DATES: This rule is effective July 17,
2024.
FOR FURTHER INFORMATION CONTACT:
Kellie Cosgrove Riley, Chief Privacy
Officer, privacy@cftc.gov, 202–418–
5610, Office of the General Counsel,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
A. The Privacy Act
The Privacy Act 1 establishes a code of
fair information practice principles that
govern Federal agencies’ collection,
maintenance, use, and dissemination of
an individual’s personal information.
The Privacy Act applies to information
that is maintained in a ‘‘system of
records,’’ defined as a group of any
records under the control of an agency
from which information is retrieved by
the name of the individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual.2
15
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In addition to establishing a code of
fair information practice principles, the
Privacy Act restricts disclosure of
records containing personal information
that an agency maintains.3 The Privacy
Act also grants individuals an increased
right of access to records maintained
about themselves as well as the right to
request amendment of those records
upon a showing that they are not
accurate, relevant, timely, or complete.4
The Privacy Act also permits agencies,
where certain requirements are met and
subject to limitations set forth in the
Privacy Act, to specifically exempt
systems of records from certain
provisions of the Privacy Act, mainly
pertaining to the Privacy Act’s
provisions permitting individuals to
access and request amendment of their
records.5 In order to claim an
exemption, the agency must engage in a
rulemaking process pursuant to the
Administrative Procedure Act 6 and
make clear to the public why particular
exemptions are being invoked.7
II. The Proposal
On February 2, 2024, the Commission
published a notice of proposed
rulemaking (NPRM) 8 to revise certain of
the Commission’s part 146 regulations.9
Current Commission regulations
§§ 146.12 and 146.13 (together, Privacy
Act regulations) assert exemptions for
certain of the Commission’s systems of
records that contain records related to
the Commission’s investigatory mission
and personnel security obligations.
After reviewing those regulations, the
Commission preliminarily determined
that the current Privacy Act regulations
do not include all of the systems of
records for which the Commission
would, in fact, assert exemptions, and
those systems of records that are
currently referenced are not clearly
identified with each system of records’
number and accurate title. The
Commission also preliminarily
determined to add more specificity
regarding the rationale for exempting
each of the systems of records in order
to better demonstrate the Commission’s
compliance with sections (j) and (k) of
the Privacy Act 10 and the corresponding
guidance in OMB CircularA–108. 11
35
U.S.C. 552a(b).
U.S.C. 552a(d).
5 5 U.S.C. 552a(j) and (k).
6 5 U.S.C. 553.
7 5 U.S.C. 552a(j) and (k).
8 89 FR 7307 (Feb. 2, 2024).
9 17 CFR part 146.
10 5 U.S.C. 552a(j) and (k).
11 OMB A–108, available at https://
www.whitehouse.gov/wp-content/uploads/legacy_
drupal_files/omb/circulars/A108/omb_circular_a108.pdf, at page 25.
45
E:\FR\FM\17JNR1.SGM
17JNR1
Agencies
[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51205-51208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13141]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1292; Project Identifier MCAI-2023-00908-T;
Amendment 39-22743; AD 2024-09-01]
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; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes.
This AD was prompted by a design review that found that the heat
generated by a thermal runaway event, caused by the lithium batteries
of the wardrobe personal locator beacon (PLB) would not be sufficiently
mitigated by the PLB design to prevent any adverse effect on the two
portable oxygen cylinder assemblies located near the PLB installation.
This AD requires relocation and replacement of the existing PLB with a
new PLB part number at the left-side forward wardrobe assembly, as
specified in a Transport Canada AD, which is incorporated by reference.
This AD also prohibits the installation of affected parts. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective July 2, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 2,
2024.
The FAA must receive comments on this AD by August 1, 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.
[[Page 51206]]
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1292; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For Transport Canada material, 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 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-2024-1292.
FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 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 final rule. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2024-1292; Project
Identifier MCAI-2023-00908-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to William
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 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-2023-57, dated July 25, 2023 (Transport
Canada AD CF-2023-57) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Airbus Canada Limited
Partnership Model BD-500-1A11 airplanes. The MCAI states that a design
review of the wardrobe PLB with lithium batteries indicated that
certain original design assumptions were incorrect. The subject PLB, if
installed, is in the left-side forward wardrobe. It was found that the
heat generated by a thermal runaway event, caused by the lithium
batteries, would not be sufficiently mitigated by the PLB design to
prevent any adverse effect on the two portable oxygen cylinder
assemblies (POCAs) located near the PLB installation. As a result, a
thermal runaway could lead to the release of oxygen from each POCA,
which could feed the fire caused by the thermal runaway of the lithium
batteries.
The FAA is issuing this AD to prevent a lithium battery fire of the
PLB at the left-side forward wardrobe assembly. The unsafe condition,
if not addressed, could result in fire and smoke in the cabin leading
to reduced ability of the flightcrew to maintain the safe flight and
landing of the airplane. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2024-1292.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-57, which specifies
procedures for removal of the PLB part number (P/N) 500-12Y,
modification of the left-side forward wardrobe assembly, and
installation of a new PLB P/N 500-32-2Y-H with a new mounting bracket
and hardware attachments. This material is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
AD Requirements
This AD requires accomplishing the actions specified in Transport
Canada AD CF-2023-57 described previously, except for any differences
identified as exceptions in the regulatory text of this AD. This AD
also prohibits the installation of affected parts.
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,
Transport Canada AD CF-2023-57 is incorporated by reference in this AD.
This AD requires compliance with Transport Canada AD CF-2023-57 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Service
information required by Transport Canada AD CF-2023-57 for compliance
will be available at regulations.gov under Docket No. FAA-2024-1292
after this AD is published.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those
[[Page 51207]]
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under this section, an agency, upon finding good cause, may
issue a final rule without providing notice and seeking comment prior
to issuance. Further, section 553(d) of the APA authorizes agencies to
make rules effective in less than thirty days, upon a finding of good
cause.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Registry in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255........................................ (*) $255
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
AD.
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 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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2024-09-01 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22743; Docket No. FAA-2024-1292;
Project Identifier MCAI-2023-00908-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 2, 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-500-1A11 airplanes, certificated
in any category, as identified in Transport Canada AD CF-2023-57,
dated July 25, 2023 (Transport Canada AD CF-2023-57).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by a design review that found that the heat
generated by a thermal runaway event, caused by the lithium
batteries of the wardrobe personal locator beacon (PLB) would not be
sufficiently mitigated by the PLB design to prevent any adverse
effect on the two portable oxygen cylinder assemblies located near
the PLB installation. The FAA is issuing this AD to prevent a
lithium battery fire at the left-side forward wardrobe assembly. The
unsafe condition, if not addressed, could result in fire and smoke
in the cabin leading to reduced ability of the flightcrew to
maintain the safe flight and landing of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) PLB Relocation and Replacement
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-2023-57.
(h) Exception To Transport Canada AD CF-2023-57
Where Transport Canada AD CF-2023-57 refers to its effective
date, this AD requires using the effective date of this AD.
(i) Parts Installation Prohibition
As of the effective date of this AD, no person may install a PLB
part number 500-12Y on any airplane.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19.
[[Page 51208]]
In accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the International
Validation Branch, mail it to the address identified in paragraph
(k) of this AD. Information may be emailed to: 9-AVS-NYACO-
[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.
(k) Additional Information
For more information about this AD, contact William Reisenauer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF-2023-57, dated July 25, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-57, 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 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 June 11, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-13141 Filed 6-14-24; 8:45 am]
BILLING CODE 4910-13-P