Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 51205-51208 [2024-13141]

Download as PDF Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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] BILLING CODE 4910–13–P (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 VerDate Sep<11>2014 16:18 Jun 14, 2024 Jkt 262001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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: E:\FR\FM\17JNR1.SGM 17JNR1 51206 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: khammond on DSKJM1Z7X2PROD with RULES 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. VerDate Sep<11>2014 16:18 Jun 14, 2024 Jkt 262001 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 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17JNR1.SGM 17JNR1 Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 16:18 Jun 14, 2024 Jkt 262001 (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). PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 (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. E:\FR\FM\17JNR1.SGM 17JNR1 51208 Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Rules and Regulations 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 khammond on DSKJM1Z7X2PROD with RULES (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 25 BILLING CODE 4910–13–P VerDate Sep<11>2014 COMMODITY FUTURES TRADING COMMISSION Jkt 262001 PO 00000 U.S.C. 552a. U.S.C. 552a(a)(5). Frm 00006 Fmt 4700 Sfmt 4700 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


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