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


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1817; Project Identifier MCAI-2023-00664-T; 
Amendment 39-22732; AD 2024-07-11]
RIN 2120-AA64


Airworthiness Directives; Airbus Canada Limited Partnership (Type 
Certificate Previously Held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

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

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1817; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material that is identified in this final rule, 
contact Transport Canada, Transport Canada National Aircraft 
Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; 
telephone 888-663-3639; email [email protected]; website tc.canada.ca/en/aviation.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1817.

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

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Airbus Canada 
Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The 
NPRM published in the Federal Register on September 6, 2023 (88 FR 
60899). The NPRM was prompted by AD CF-2023-31, dated May 8, 2023 
(Transport Canada AD CF-2023-31) (also referred to as the MCAI), issued 
by Transport Canada, which is the aviation authority for Canada. The 
MCAI states a design review identified that the fixed ELT lithium 
batteries would not be sufficiently cooled by the outside air in the 
event of a thermal runaway event. As a result, a thermal runaway could 
lead to an uncontrolled fire of the fixed ELT, which may compromise the 
structural integrity of the aircraft structure in the area where the 
fixed ELT is installed.
    The FAA is issuing this AD to address the unsafe condition on these 
products. You may examine the MCAI in the AD docket at regulations.gov 
under Docket No. FAA-2023-1817.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from the Air Line Pilots Association,

[[Page 35691]]

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

Request To Add Exception To Clarify Acceptable Compliance Methods

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

Request for Exception To Correct Discrepancies in the Service Bulletin

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

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. Except for minor editorial 
changes, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    Transport Canada AD CF-2023-31 specifies procedures for replacing 
the fixed ELT with an ELT with improved batteries that do not rely on 
cooling from the outside. The replacement includes modifying two 
electrical harnesses and installing a new ELT support assembly, ELT, 
and aircraft identification module (AIM). This material is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES.

Costs of Compliance

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

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

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more

[[Page 35692]]

detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

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

(a) Effective Date

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

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Airbus Canada Limited Partnership (Type 
Certificate previously held by C Series Aircraft Limited Partnership 
(CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 
airplanes, certificated in any category, as identified in Transport 
Canada AD CF-2023-31, dated May 8, 2023 (Transport Canada AD CF-
2023-31).

 (d) Subject

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

 (e) Unsafe Condition

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

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Transport Canada AD CF-2023-31.

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

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

 (i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j)(1) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or Transport Canada; or Airbus Canada 
Limited Partnership's Transport Canada Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (i)(2) of this AD, if any service information contains 
procedures or tests that are identified as RC, those procedures and 
tests must be done to comply with this AD; any procedures or tests 
that are not identified as RC are recommended. Those procedures and 
tests that are not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the procedures and tests identified as RC can be done and the 
airplane can be put back in an airworthy condition. Any 
substitutions or changes to procedures or tests identified as RC 
require approval of an AMOC.

 (j) Additional Information

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

 (k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 35693]]

paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada AD CF-2023-31, dated May 8, 2023.
    (ii) [Reserved]
    (3) For Transport Canada AD CF-2023-31, contact Transport 
Canada, Transport Canada National Aircraft Certification, 159 
Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-
3639; email [email protected]; website tc.canada.ca/en/
aviation.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on April 4, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-09352 Filed 5-1-24; 8:45 am]
BILLING CODE 4910-13-P