Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Proposed Rules 60899 

procedures found in 14 CFR 39.19. In 

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 and 

email to ANE-AD-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) Additional Information 

For more information about this AD, 

contact Barbara Caufield, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: (781) 238– 

7146; email: barbara.caufield@faa.gov. 

(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 the AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

AD 2023–0021, dated January 23, 2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0021, 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 this EASA AD 

on the EASA website at ad.easa.europa.eu. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email: fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 25, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18930 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1817; Project 

Identifier MCAI–2023–00664–T] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus Canada Limited 

Partnership Model BD–500–1A10 and 

BD–500–1A11 airplanes. This proposed 

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 proposed 

AD would require replacing the ELT 

with a new ELT with redesigned 

batteries, as specified in a Transport 

Canada AD, which is proposed for 

incorporation by reference (IBR). The 

FAA is proposing this AD to address the 

unsafe condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by October 23, 

2023. 

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–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 NPRM, 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 material that is proposed for 

IBR in this NPRM, 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. It is 

also available at regulations.gov under 

Docket No. FAA–2023–1817. 

• You may view this service 

information 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. 

FOR FURTHER INFORMATION CONTACT: 

Steven Dzierzynski, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 516–228–7300; email 9-avsnyaco-cos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1817; Project Identifier 

MCAI–2023–00664–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the proposal, 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 proposal 

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 NPRM. 

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 NPRM 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 


lotter on DSK11XQN23PROD with PROPOSALS1
60900 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Proposed Rules 

private, and that is relevant or 

responsive to this NPRM, 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 

NPRM. Submissions containing CBI 

should be sent to Steven Dzierzynski, 

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– 

31, dated May 8, 2023 (Transport 

Canada AD CF–2023–31) (also referred 

to as the MCAI), to correct an unsafe 

condition for certain Airbus Canada 

Limited Partnership Model BD–500– 

1A10 and BD–500–1A11 airplanes. 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 proposing 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. 

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 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 NPRM after determining 

that the unsafe condition described 

previously is likely to exist or develop 

in other products of the same type 

design. 

Proposed AD Requirements in This 

NPRM 

This proposed AD would require 

accomplishing the actions specified in 

Transport Canada AD CF–2023–31 

described previously, except for any 

differences identified as exceptions in 

the regulatory text of this proposed 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, the FAA proposes to 

incorporate Transport Canada AD CF– 

2023–31 by reference in the FAA final 

rule. This proposed AD would, 

therefore, require compliance with 

Transport Canada AD CF–2023–31 in its 

entirety through that incorporation, 

except for any differences identified as 

exceptions in the regulatory text of this 

proposed AD. Service information 

required by Transport Canada AD CF– 

2023–31 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–1817 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 71 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

19 work-hours × $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 proposed 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 

The FAA determined that this 

proposed AD would not have federalism 

implications under Executive Order 

13132. This proposed AD would 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 this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Proposed Rules 60901 

(3) Would 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 Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Airbus Canada Limited Partnership (Type 

Certificate Previously Held by C Series 

Aircraft Limited Partnership (CSALP); 

Bombardier, Inc.): Docket No. FAA– 

2023–1817; Project Identifier MCAI– 

2023–00664–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 23, 

2023. 

(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 

Where Transport Canada AD CF–2023–31 

refers to its effective date, this AD requires 

using the effective date of this AD. 

(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) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-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. 

(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 9-avs-nyaco-cos@faa.gov. 

(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 

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 

TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca; 

website tc.canada.ca/en/aviation. 

(4) You may view this service information 

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 service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on August 30, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–19074 Filed 9–5–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1818; Project 

Identifier MCAI–2023–00582–T] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Airbus Canada Limited 

Partnership Model BD–500–1A10 and 

BD–500–1A11 airplanes. This proposed 

AD was prompted by a report of a 

fouling condition (interference) between 

the gimbal bushing and the airplane 

horizontal stabilizer trim actuator 

(HSTA) structural fitting, which 

prevented engagement of the secondary 

load path. This proposed AD would 


lotter on DSK11XQN23PROD with PROPOSALS1