[Federal Register Volume 88, Number 171 (Wednesday, September 6, 2023)]
[Proposed Rules]
[Pages 60899-60901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19074]


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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]
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).

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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:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#5206117c133b20253d20263a3b3c372121163b203731263b2437217f113d3c213b353c372136373c33243b3533303b3e3b26377c06111226317c35317c3133"><span class="__cf_email__" data-cfemail="c19582ef80a8b3b6aeb3b5a9a8afa4b2b285a8b3a4a2b5a8b7a4b2ec82aeafb2a8a6afa4b2a5a4afa0b7a8a6a0a3a8ada8b5a4ef958281b5a2efa6a2efa2a0">[email protected]</span></a>; website tc.canada.ca/en/aviation. 
It is also available at regulations.gov under Docket No. FAA-2023-1817.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#cef7e3afb8bde3a0b7afada1e3ada1bd8ea8afafe0a9a1b8"><span class="__cf_email__" data-cfemail="784155190e0b551601191b17551b170b381e1919561f170e">[email protected]</span></a>.

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

[[Page 60900]]

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 <a href="/cdn-cgi/l/email-protection#122b3f7364613f7c6b73717d3f717d61527473733c757d64"><span class="__cf_email__" data-cfemail="dee7f3bfa8adf3b0a7bfbdb1f3bdb1ad9eb8bfbff0b9b1a8">[email protected]</span></a>. 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
----------------------------------------------------------------------------------------------------------------
                                                                                    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 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

[[Page 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

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:

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: <a href="/cdn-cgi/l/email-protection#f3cadeb2a5a0deb2baa1dec4c0c3deb2bebcb0b3959292dd949c85"><span class="__cf_email__" data-cfemail="41786c0017126c0008136c7672716c000c0e02012720206f262e37">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#97aebaf6e1e4baf9eef6f4f8baf4f8e4d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="dde4f0bcabaef0b3a4bcbeb2f0beb2ae9dbbbcbcf3bab2ab">[email protected]</span></a>.

(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 <a href="/cdn-cgi/l/email-protection#a8fceb86e9c1dadfc7dadcc0c1c6cddbdbecc1dacdcbdcc1decddb85ebc7c6dbc1cfc6cddbcccdc6c9dec1cfc9cac1c4c1dccd86fcebe8dccb86cfcb86cbc9"><span class="__cf_email__" data-cfemail="297d6a0768405b5e465b5d4140474c5a5a6d405b4c4a5d405f4c5a046a46475a404e474c5a4d4c47485f404e484b4045405d4c077d6a695d4a074e4a074a48">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#dcbaaef2b5b2afacb9bfa8b5b3b29cb2bdaebdf2bbb3aa"><span class="__cf_email__" data-cfemail="6305114d0a0d10130600170a0c0d230d0211024d040c15">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.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


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