This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

87329 

Vol. 88, No. 241 

Monday, December 18, 2023 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2229; Project 

Identifier MCAI–2023–00736–T; Amendment 

39–22617; AD 2023–24–01] 

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. 

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 reported interference between the 

pilot valve fittings and their mating 

holes in the rear spar of the center wing 

box (CWB). This AD requires replacing 

the pilot valve fittings, 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 January 2, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 2, 2024. 

The FAA must receive comments on 

this AD by February 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.

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2229; 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 material incorporated by

reference 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. 

You may find this material on the 

Transport Canada website at 

tc.canada.ca/en/aviation. 

• You may view this service

information 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– 

2023–2229. 

FOR FURTHER INFORMATION CONTACT: 

Gabriel Kim, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: 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 ADDRESSES. 

Include ‘‘Docket No. FAA–2023–2229; 

Project Identifier MCAI–2023–00736–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 Gabriel Kim, Aviation 

Safety Engineer, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; phone: 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– 

39, dated June 6, 2023 (Transport 

Canada AD CF–2023–39) (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 that an interference 

condition was found during airplane 

manufacturing between the pilot valve 

fittings and their mating holes in the 

rear spar of the CWB. The interference 

condition could damage the fitting and 

result in the fitting’s failure under 

induced fatigue. Fitting failure could 

lead to a failure of its shroud attachment 

and subsequent fuel leak into the area 


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87330 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 

behind the rear spar and into the 

landing gear bay. Such significant fuel 

leak, combined with a potential ignition 

source such as a failure of a bleed duct 

or a failure of wires/connectors in these 

areas, could create a fire hazard on the 

airplane. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–2229. 

Related Service Information Under 1 

CFR Part 51 

Transport Canada AD CF–2023–39 

specifies procedures for replacing the 

pilot valve fittings with redesigned 

fittings. 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 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 

AD CF–2023–39 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 AD 

CF–2023–39 is incorporated by 

reference in this AD. This AD requires 

compliance with Transport Canada AD 

CF–2023–39 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–2023–39 for compliance 

will be available at regulations.gov 

under Docket No. FAA–2023–2229 after 

this AD is published. 

FAA’s Justification 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 

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 forgoing 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 (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 

Currently, there are no affected U.S.- 

registered airplanes. If an affected 

airplane is imported and placed on the 

U.S. Register 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 

30 work-hours × $85 per hour = $2,550 ................................................................................................................. $7,549 $10,099 

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. 

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, 


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Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations 87331 

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: 

2023–24–01 Airbus Canada Limited 

Partnership (Type Certificate Previously 

Held by C Series Aircraft Limited 

Partnership (CSALP); Bombardier, Inc.): 

Amendment 39–22617; Docket No. 

FAA–2023–2229; Project Identifier 

MCAI–2023–00736–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 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– 

1A10 and BD–500–1A11 airplanes, 

certificated in any category, as identified in 

Transport Canada AD CF–2023–39, dated 

June 6, 2023 (Transport Canada AD CF– 

2023–39). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Unsafe Condition 

This AD was prompted by a reported 

interference between the pilot valve fittings 

and their mating holes in the rear spar of the 

center wing box. The FAA is issuing this AD 

to address fitting failure, which could lead to 

a failure of its shroud attachment and 

subsequent fuel leak into the area behind the 

rear spar and into the landing gear bay. Such 

significant fuel leak, combined with a 

potential ignition source such as a failure of 

a bleed duct or a failure of wires/connectors 

in these areas, could create a fire hazard on 

the airplane. 

(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– 

2023–39. 

(h) Exception to Transport Canada AD CF– 

2023–39 

Where Transport Canada AD CF–2023–39 

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)(1) 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. 

(j) Additional Information 

(1) For more information about this AD, 

contact Gabriel Kim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: 516–228– 

7300; email: 9-avs-nyaco-cos@faa.gov. 

(2) For Airbus Canada Limited Partnership 

service information identified in this AD that 

is not incorporated by reference, contact 

Airbus Canada Limited Partnership, 13100 

Henri-Fabre Boulevard, Mirabel, Que ́bec J7N 

3C6, Canada; telephone 450–476–7676; email 

a220_

a220world.airbus.com. You may view this 

service information 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. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 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–2023–39, 

dated June 6, 2023. 

(ii) [Reserved] 

(3) For Transport Canada AD CF–2023–39, 

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 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 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 November 29, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–27677 Filed 12–15–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1496; Project 

Identifier MCAI–2022–01059–T; Amendment 

39–22619; AD 2023–24–03] 

RIN 2120–AA64 

Airworthiness Directives; MHI RJ 

Aviation ULC (Type Certificate 

Previously Held by Bombardier, Inc.) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all MHI 

RJ Aviation ULC Model CL–600–2B19 

(Regional Jet Series 100 & 440); CL–600– 

2C10 (Regional Jet Series 700, 701, & 

702); CL–600–2C11 (Regional Jet Series 

550); CL–600–2D15 (Regional Jet Series 

705); CL–600–2D24 (Regional Jet Series 

900); and CL–600–2E25 (Regional Jet 

Series 1000) airplanes. This AD was 

prompted by a determination that 

aircraft maintenance manual (AMM) 

tasks and certification maintenance 

requirement (CMR) tasks are necessary. 

This AD requires revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive AMM and CMR tasks. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

DATES: This AD is effective January 22, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 22, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1496; or in person at 

Docket Operations between 9 a.m. and 


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