Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, 72312-72315 [2024-20111]
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–2131; Project
Identifier MCAI–2024–00445–T; Amendment
39–22829; AD 2024–17–04]
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–500–1A10 and BD–500–
1A11 airplanes. This AD was prompted
by a report of a missing pintle fuse pin
in the left-hand (LH) main landing gear
(MLG) discovered during scheduled
maintenance. This AD requires doing an
inspection of the MLG pintle housing
assembly to verify that the pintle fuse
pins are present and correctly installed,
and corrective actions if necessary, as
specified in a Transport Canada
Emergency AD, which is incorporated
by reference. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective September
20, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 20, 2024.
The FAA must receive comments on
this AD by October 21, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–2131; or in person at
Docket Operations between 9 a.m. and
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SUMMARY:
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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
identified in this AD, 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 at 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–2024–2131.
FOR FURTHER INFORMATION CONTACT:
Fatin Saumik, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written data, views, or arguments about
this final rule. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2024–2131; Project Identifier MCAI–
2024–00445–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
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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 Fatin Saumik,
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 Emergency AD
CF–2024–28, dated August 1, 2024
(Transport Canada Emergency AD CF–
2024–28) (also referred to as the MCAI),
to correct an unsafe condition for
certain Model BD–500–1A10 and BD–
500–1A11 airplanes. The MCAI states
that during scheduled maintenance of
an in-service airplane, one of the pintle
fuse pins (part number C01677412–001)
in the LH MLG was discovered missing.
Pintle fuse pins may also be damaged
due to being incorrectly installed. If a
missing or damaged pintle fuse pin is
not discovered immediately, it would
lead to a significant redistribution of
loads in the MLG assembly and reduce
the capability of the MLG assembly to
withstand those loads. This condition, if
not corrected, could potentially result in
the total collapse of the MLG during
takeoff.
The FAA is issuing this AD to address
the unsafe condition on these products.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–2131.
Material Incorporated by Reference
Under 1 CFR Part 51
Transport Canada Emergency AD CF–
2024–28 specifies procedures for
performing a detail visual inspection of
the MLG pintle housing assembly (leftand right-hand) for missing and
incorrectly installed pintle fuse pins
and corrective actions, if necessary.
Corrective actions include contacting
Airbus Canada Limited Partnership to
report incorrectly installed or missing
pintle fuse pins and to obtain approved
disposition if any pintle fuse pins are
missing or incorrectly installed. This
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
material is reasonably available because
the interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the
actions specified in Transport Canada
Emergency AD CF–2024–28 described
previously, except for any differences
identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, Transport Canada
Emergency AD CF–2024–28 is
incorporated by reference in this AD.
This AD requires compliance with
Transport Canada Emergency AD CF–
2024–28 in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this AD. Material
required by Transport Canada
Emergency AD CF–2024–28 for
compliance will be available at
regulations.gov under Docket No. FAA–
2024–2131 after this AD is published.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(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 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.
An unsafe condition exists that
requires the immediate adoption of this
AD without providing an opportunity
for public comments prior to adoption.
The FAA has found that the risk to the
flying public justifies forgoing notice
and comment prior to adoption of this
rule because Transport Canada issued
an emergency AD stating that there was
a missing pintle fuse pin discovered
during scheduled maintenance. A
missing or damaged pintle fuse pin
would lead to a significant
redistribution of loads in the MLG
assembly and reduce the capability of
the MLG assembly to withstand those
loads, potentially resulting in the total
collapse of the MLG during takeoff.
Additionally, the compliance time in
this AD is shorter than the time
necessary for the public to comment and
for publication of the final rule.
Accordingly, notice and opportunity for
prior public comment are impracticable
and contrary to the public interest
pursuant to 5 U.S.C. 553(b).
In addition, 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, for the same reasons
the FAA found good cause to forgo
notice and comment.
Regulatory Flexibility Act (RFA)
The requirements of the 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 notice and comment, RFA
analysis is not required.
Costs of Compliance
The FAA estimates that this AD
affects 129 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$10,965
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need these
on-condition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
2 work-hours × $85 per hour = $170 ......................................................................................................................
* $3,500
$3,670
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* There are 8 pintle fuse pins per airplane. The FAA has no way of determining the number of pins that might need to be installed on each
airplane.
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
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21:04 Sep 04, 2024
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individuals. As a result, the FAA has
included all known costs in the cost
estimate.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to a penalty for failure to comply with
a collection of information subject to the
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public
reporting for this collection of
information is estimated to take
approximately 1 hour per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
All responses to this collection of
information are mandatory. Send
comments regarding this burden
estimate or any other aspect of this
collection of information, including
suggestions for reducing this burden, to:
Information Collection Clearance
Officer, Federal Aviation
Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
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.
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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.
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21:04 Sep 04, 2024
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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:
■
2024–17–04 Airbus Canada Limited
Partnership (Type Certificate Previously
Held by C Series Aircraft Limited
Partnership (CSALP); Bombardier, Inc.):
Amendment 39–22829; Docket No.
FAA–2024–2131; Project Identifier
MCAI–2024–00445–T.
(a) Effective Date
This airworthiness directive (AD) is
effective September 20, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Canada Limited
Partnership (Type Certificate previously held
by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD–500–
1A10 and BD–500–1A11 airplanes,
certificated in any category, as identified in
Transport Canada Emergency AD CF–2024–
28, dated August 1, 2024 (Transport Canada
Emergency AD CF–2024–28).
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing Gear.
(e) Unsafe Condition
This AD was prompted by a report of a
missing pintle fuse pin in the left-hand (LH)
main landing gear (MLG) discovered during
scheduled maintenance. The FAA is issuing
this AD to address missing or damaged pintle
fuse pins, which would lead to a significant
redistribution of loads in the MLG assembly
and reduce the capability of the MLG
assembly to withstand those loads,
potentially resulting in the total collapse of
the MLG during takeoff.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
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accordance with, Transport Canada
Emergency AD CF–2024–28.
(h) Exception to Transport Canada
Emergency AD CF–2024–28
Where Transport Canada Emergency AD
CF–2024–28 refers to its effective date, this
AD requires using the effective date of this
AD.
(i) Special Flight Permit
Special flight permits may be issued in
accordance with 14 CFR 21.197 and 21.199
to operate the airplane to a location where
the airplane can be modified (if the operator
elects to do so), provided the airplane has
accumulated less than 24 flight cycles after
the effective date of this AD.
(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.
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: AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or Transport Canada; or Airbus
Canada Limited Partnership’s Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(k) Additional Information
For more information about this AD,
contact Fatin Saumik, 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
(1) The Director of the Federal Register
approved the incorporation by reference of
the material listed in this paragraph under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) Transport Canada Emergency AD CF–
2024–28, dated August 1, 2024.
(ii) [Reserved]
(3) For Transport Canada material
identified in this AD, 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.
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Rules and Regulations
(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.
action is being taken to improve the
accuracy of the regulations.
Publication of this document
constitutes final action under the
Administrative Procedure Act (5 U.S.C.
553). FDA has determined that notice
and public comment are unnecessary
because this amendment to the
regulations provides only technical
changes including updating scientific
nomenclature and is nonsubstantive.
Issued on August 21, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
List of Subjects in 21 CFR Part 573
[FR Doc. 2024–20111 Filed 9–3–24; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Animal feeds, Food additives.
Therefore, under the Federal Food,
Drug, and Cosmetic Act, and the Public
Health Service Act, and under the
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 573 is
amended as follows:
PART 573—FOOD ADDITIVES
PERMITTED IN FEED AND DRINKING
WATER OF ANIMALS
Food and Drug Administration
1. The authority citation for part 573
continues to read as follows:
■
21 CFR Part 573
Authority: 21 U.S.C. 321, 342, 348.
[Docket No. FDA–2024–F–3882]
Food Additives Permitted in Feed and
Drinking Water of Animals; Pichia
Pastoris Dried Yeast
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
The Food and Drug
Administration (FDA) is amending the
food additive regulations to update the
organism Pichia pastoris which has
been renamed as Komagataella pastoris.
Additionally, the food additive
regulation is being updated to include
language to clarify that the yeast is nonviable in the market formulation. This
action is being taken to improve the
accuracy of the regulations.
DATES: This rule is effective September
5, 2024.
FOR FURTHER INFORMATION CONTACT:
Chelsea Cerrito, Center for Veterinary
Medicine, Division of Animal Food
Ingredients, Food and Drug
Administration, 12225 Wilkins Ave.,
Rockville, MD 20852, 240–402–6729,
Chelsea.Cerrito@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA is
amending the food additive regulation
at 21 CFR 573.750 Pichia pastoris dried
yeast for use in animal feed to update
the organism Pichia pastoris which has
been renamed as Komagataella pastoris.
Additionally, the food additive
regulation is being updated to include
language to clarify that the yeast is nonviable in the market formulation. This
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21:04 Sep 04, 2024
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[Redesignated as § 573.587]
2. Redesignate § 573.750 as § 573.587.
■ 3. Amend newly redesignated
§ 573.587 by revising the section
heading and paragraph (a) to read as
follows:
■
§ 573.587
yeast.
SUMMARY:
VerDate Sep<11>2014
§ 573.750
Komagataella pastoris dried
(a) Identity. The food additive
Komagataella pastoris dried yeast is
non-viable and may be used in feed
formulations of broiler chickens as a
source of protein not to exceed 10
percent by weight of the total
formulation.
*
*
*
*
*
Dated: August 28, 2024.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2024–19856 Filed 9–4–24; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 864
[Docket No. FDA–2024–N–3971]
Medical Devices; Hematology and
Pathology Devices; Classification of
the Heparin and Direct Oral Factor Xa
Inhibitor Drug Test System
AGENCY:
Food and Drug Administration,
HHS.
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Fmt 4700
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ACTION:
72315
Final amendment; final order.
The Food and Drug
Administration (FDA or we) is
classifying the heparin and direct oral
factor Xa inhibitor drug test system into
class II (special controls). The special
controls that apply to the device type
are identified in this order and will be
part of the codified language for the
heparin and direct oral factor Xa
inhibitor drug test system’s
classification. We are taking this action
because we have determined that
classifying the device into class II
(special controls) will provide a
reasonable assurance of safety and
effectiveness of the device. We believe
this action will also enhance patients’
access to beneficial innovative devices.
DATES: This order is effective September
5, 2024. The classification was
applicable on September 17, 2020.
FOR FURTHER INFORMATION CONTACT: Min
Wu, Center for Devices and Radiological
Health, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 66,
Rm. 3459, Silver Spring, MD 20993–
0002, 301–348–1886, Min.Wu@
fda.hhs.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
Upon request, FDA has classified the
heparin and direct oral factor Xa
inhibitor drug test system as class II
(special controls), which we have
determined will provide a reasonable
assurance of safety and effectiveness.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act (see 21
U.S.C. 360c(i)) to a predicate device that
does not require premarket approval.
We determine whether a new device is
substantially equivalent to a predicate
device by means of the procedures for
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Agencies
[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Rules and Regulations]
[Pages 72312-72315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20111]
[[Page 72312]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2131; Project Identifier MCAI-2024-00445-T;
Amendment 39-22829; AD 2024-17-04]
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-500-1A10 and BD-500-
1A11 airplanes. This AD was prompted by a report of a missing pintle
fuse pin in the left-hand (LH) main landing gear (MLG) discovered
during scheduled maintenance. This AD requires doing an inspection of
the MLG pintle housing assembly to verify that the pintle fuse pins are
present and correctly installed, and corrective actions if necessary,
as specified in a Transport Canada Emergency AD, which is incorporated
by reference. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective September 20, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
20, 2024.
The FAA must receive comments on this AD by October 21, 2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2131; 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 identified in this AD,
contact Transport Canada, Transport Canada National Aircraft
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888-663-3639; email [email protected]; website at 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-2024-2131.
FOR FURTHER INFORMATION CONTACT: Fatin Saumik, 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 data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2024-2131; Project
Identifier MCAI-2024-00445-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 Fatin
Saumik, 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 Emergency AD CF-2024-28, dated August 1, 2024
(Transport Canada Emergency AD CF-2024-28) (also referred to as the
MCAI), to correct an unsafe condition for certain Model BD-500-1A10 and
BD-500-1A11 airplanes. The MCAI states that during scheduled
maintenance of an in-service airplane, one of the pintle fuse pins
(part number C01677412-001) in the LH MLG was discovered missing.
Pintle fuse pins may also be damaged due to being incorrectly
installed. If a missing or damaged pintle fuse pin is not discovered
immediately, it would lead to a significant redistribution of loads in
the MLG assembly and reduce the capability of the MLG assembly to
withstand those loads. This condition, if not corrected, could
potentially result in the total collapse of the MLG during takeoff.
The FAA is issuing this AD to address the unsafe condition on these
products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-2131.
Material Incorporated by Reference Under 1 CFR Part 51
Transport Canada Emergency AD CF-2024-28 specifies procedures for
performing a detail visual inspection of the MLG pintle housing
assembly (left- and right-hand) for missing and incorrectly installed
pintle fuse pins and corrective actions, if necessary. Corrective
actions include contacting Airbus Canada Limited Partnership to report
incorrectly installed or missing pintle fuse pins and to obtain
approved disposition if any pintle fuse pins are missing or incorrectly
installed. This
[[Page 72313]]
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in Transport
Canada Emergency AD CF-2024-28 described previously, except for any
differences identified as exceptions in the regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
Transport Canada Emergency AD CF-2024-28 is incorporated by reference
in this AD. This AD requires compliance with Transport Canada Emergency
AD CF-2024-28 in its entirety through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
AD. Material required by Transport Canada Emergency AD CF-2024-28 for
compliance will be available at regulations.gov under Docket No. FAA-
2024-2131 after this AD is published.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(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 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.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because Transport Canada issued an emergency AD stating that there was
a missing pintle fuse pin discovered during scheduled maintenance. A
missing or damaged pintle fuse pin would lead to a significant
redistribution of loads in the MLG assembly and reduce the capability
of the MLG assembly to withstand those loads, potentially resulting in
the total collapse of the MLG during takeoff. Additionally, the
compliance time in this AD is shorter than the time necessary for the
public to comment and for publication of the final rule. Accordingly,
notice and opportunity for prior public comment are impracticable and
contrary to the public interest pursuant to 5 U.S.C. 553(b).
In addition, 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,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act (RFA)
The requirements of the 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 notice and comment, RFA analysis is not required.
Costs of Compliance
The FAA estimates that this AD affects 129 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $10,965
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.... * $3,500 $3,670
------------------------------------------------------------------------
* There are 8 pintle fuse pins per airplane. The FAA has no way of
determining the number of pins that might need to be installed on each
airplane.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
[[Page 72314]]
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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:
2024-17-04 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22829; Docket No. FAA-2024-2131;
Project Identifier MCAI-2024-00445-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 20,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Airbus Canada Limited Partnership (Type
Certificate previously held by C Series Aircraft Limited Partnership
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11
airplanes, certificated in any category, as identified in Transport
Canada Emergency AD CF-2024-28, dated August 1, 2024 (Transport
Canada Emergency AD CF-2024-28).
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
Gear.
(e) Unsafe Condition
This AD was prompted by a report of a missing pintle fuse pin in
the left-hand (LH) main landing gear (MLG) discovered during
scheduled maintenance. The FAA is issuing this AD to address missing
or damaged pintle fuse pins, which would lead to a significant
redistribution of loads in the MLG assembly and reduce the
capability of the MLG assembly to withstand those loads, potentially
resulting in the total collapse of the MLG during takeoff.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Transport Canada Emergency AD CF-2024-28.
(h) Exception to Transport Canada Emergency AD CF-2024-28
Where Transport Canada Emergency AD CF-2024-28 refers to its
effective date, this AD requires using the effective date of this
AD.
(i) Special Flight Permit
Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199 to operate the airplane to a location where the
airplane can be modified (if the operator elects to do so), provided
the airplane has accumulated less than 24 flight cycles after the
effective date of this AD.
(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. 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:
[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 Fatin Saumik,
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 of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(i) Transport Canada Emergency AD CF-2024-28, dated August 1,
2024.
(ii) [Reserved]
(3) For Transport Canada material identified in this AD, 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.
[[Page 72315]]
(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 August 21, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-20111 Filed 9-3-24; 4:15 pm]
BILLING CODE 4910-13-P