[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]


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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.

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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
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* 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