9798 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(k) Additional Information 

For more information about this AD, 

contact Vladimir Ulyanov, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3229; email vladimir.ulyanov@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 this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0167, dated August 30, 

2023. 

(ii) [Reserved] 

(3) For EASA AD 2023–0167, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +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 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 fr.inspection@nara.gov. 

Issued on February 1, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02443 Filed 2–9–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–0225; Project 

Identifier MCAI–2023–00725–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 all 

Airbus Canada Limited Partnership 

Model BD–500–1A10 and BD–500– 

1A11 airplanes. This proposed AD was 

prompted by a design review of aircraft 

structural and stress reports that 

resulted in a revision of operational 

loads for some aircraft flight phases. 

This proposed AD would require using 

a certain version of the aircraft 

structural repair manual (ASRP) and a 

review and disposition of repairs based 

on previous versions, 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 March 28, 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–2024–0225; 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 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. It is also 

available at regulations.gov under 

Docket No. FAA–2024–0225. 

• 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. 

FOR FURTHER INFORMATION CONTACT: 

Yaser Osman, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 516– 

228–7300; email 9-avs-nyaco-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–2024–0225; Project Identifier 

MCAI–2023–00725–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 

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 Yaser Osman, 

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– 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 9799 

37, dated May 30, 2023 (Transport 

Canada AD CF–2023–37) (also referred 

to as the MCAI), to correct an unsafe 

condition for all Airbus Canada Limited 

Partnership Model BD–500–1A10 and 

BD–500–1A11 airplanes. The MCAI 

states that a design review of aircraft 

structural and stress reports has resulted 

in a revision of operational loads for 

some aircraft flight phases, affecting 

certain aircraft sections. As a result, 

repairs and damage assessments 

accomplished on aircraft to date may 

have exceeded the available structural 

margins and require review to ensure 

they comply with the revised stress data 

for the affected sections. This AD 

mandates that ASRP 136.01 or later 

approved versions, or Airbus Canada 

source data approved at the time of the 

disposition, is to be used for any new 

structural assessments, repairs and 

dispositions for all model BD–500–1A10 

and model BD–500–1A11 airplanes. 

Additionally, this AD mandates the 

review and disposition of all repairs and 

damage assessments for affected 

structure and prohibits use of 

previously authorized repairs as source 

data to generate new repairs for affected 

structure for model BD–500–1A10 

airplanes. 

There is an ongoing review of affected 

areas for model BD–500–1A11 airplanes 

which may result in additional 

corrective action for assessment and 

disposition of existing and new 

structural repairs and damage 

assessments. 

The FAA is proposing this AD to 

address in-service repairs in some 

structural areas that require verification, 

and possibly further repair, because, if 

not addressed, they can cause negative 

margins for the load envelopes. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2024–0225. 

Related Service Information Under 1 

CFR Part 51 

Transport Canada AD CF–2023–37 

specifies procedures for doing a 

verification/record check of previous 

aircraft damage and repairs and 

determining if previous repairs require 

further action based on revised limits 

and damage assessments. Transport 

Canada AD CF–2023–37 further 

prohibits the use of ASRPs prior to 

136.01 and certain repair engineering 

orders, and instead mandates, for 

damage assessment, the use of ASRP 

136.01 or later, or Airbus Canada source 

data approved as of the effective date of 

the AD. 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 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–2023–37 

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– 

2023–37 by reference in the FAA final 

rule. This proposed AD would, 

therefore, require compliance with 

Transport Canada AD CF–2023–37 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– 

2023–37 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2024–0225 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 45 

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 

2 work-hours × $85 per hour = $170 .......................................................................................... $0 $170 $7,650 

The FAA has received no definitive 

data on which to base the cost estimates 

for the on-condition actions specified in 

this proposed 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 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: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
9800 Federal Register / Vol. 89, No. 29 / Monday, February 12, 2024 / Proposed Rules 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Would not affect intrastate 

aviation in Alaska, and 

(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– 

2024–0225; Project Identifier MCAI– 

2023–00725–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 28, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all 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. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 51, Standard practices/ 

structures. 

(e) Unsafe Condition 

This AD was prompted by a design review 

of aircraft structural and stress reports that 

resulted in a revision of operational loads for 

some aircraft flight phases. The FAA is 

issuing this AD to address in-service repairs 

in some structural areas that require 

verification, and possibly further repair. The 

unsafe condition, if not addressed, could 

result in negative margins for the load 

envelopes. 

(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– 

2023–37, dated May 30, 2023 (Transport 

Canada AD CF–2023–37). 

(h) Exceptions to Transport Canada AD CF– 

2023–37 

(1) Where Transport Canada AD CF–2023– 

37 refers to its effective date, this AD requires 

using the effective date of this AD. 

(2) Where Part I of Transport Canada AD 

CF–2023–37 specifies operators may use 

Airbus Canada source data, for this AD, any 

repair using Airbus Canada source data 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) Where the definition of ‘‘Affected 

Structure’’ in Transport Canada AD CF– 

2023–37 specifies ‘‘as identified in Service 

Bulletin (SB) BD500–530011, Issue 002, 

dated 06 December 2022 or later revisions 

approved by the Chief, Continuing 

Airworthiness, Transport Canada,’’ this AD 

requires replacing those words with ‘‘as 

identified in Airbus Canada Service Bulletin 

(SB) BD500–530011, Issue 002, dated 06 

December.’’ 

(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 manager of the International Validation 

Branch, mail it to the address identified in 

paragraph (i)(2) of this AD. Information may 

be emailed to: 9-AVS-NYACO-COS@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 

For more information about this AD, 

contact Yaser Osman, 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–2023–37, 

dated May 30, 2023. 

(ii) [Reserved] 

(3) For Transport Canada AD CF–2023–37, 

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 Transport Canada AD on the 

Transport Canada website at 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 fr.inspection@

nara.gov. 

Issued on February 6, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–02724 Filed 2–9–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0715] 

1625–AA00 

Safety Zone; Biscayne Bay, 

Homestead, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a safety zone for certain 

waters of the Biscayne Bay. This action 

is necessary to provide for the safety of 

life on these navigable waters near 

Homestead, FL, during a recurring 

military exercises that would be 

enforced approximately 8–12 times per 

year. The exercises will include military 

aircraft and watercraft that may pose a 


khammond on DSKJM1Z7X2PROD with PROPOSALS