[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Rules and Regulations]
[Pages 88878-88881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25977]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0464; Project Identifier MCAI-2022-01556-T; 
Amendment 39-22875; AD 2024-22-04]
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.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-09-
03, which applied to certain Airbus Canada Limited Partnership Model 
BD-500-1A10 and BD-500-1A11 airplanes. AD 2021-09-03 required 
repetitive replacements of the emergency locator

[[Page 88879]]

transmitter (ELT) antenna and repetitive inspections of the exterior 
fuselage skin around the ELT antenna attachment area. This AD was 
prompted by a report that there was an in-service failure of an ELT 
antenna that occurred before the repetitive replacement interval 
required by AD 2021-09-03, and that a terminating action was developed. 
This AD continues to require the actions in AD 2021-09-03 and requires 
replacement of the ELT antenna with a new ELT antenna, inspection of 
the exterior fuselage skin around the ELT antenna attachment holes, and 
repair if necessary; 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 December 17, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 17, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0464; 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 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For Transport Canada material identified in this AD, 
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#56021578173f24213924223e3f38332525123f243335223f2033257b153938253f3138332532333837203f3137343f3a3f2233780215162235783135783537"><span class="__cf_email__" data-cfemail="2276610c634b50554d50564a4b4c475151664b504741564b5447510f614d4c514b454c475146474c43544b4543404b4e4b56470c76616256410c45410c4143">[email protected]</span></a>; website tc.canada.ca/en/aviation.
    <bullet> 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-2024-0464.

FOR FURTHER INFORMATION CONTACT: Yaser Osman, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 860-
386-1786; email: <a href="/cdn-cgi/l/email-protection#1168706274633f7c3f7e627c707f517770703f767e67"><span class="__cf_email__" data-cfemail="9de4fceef8efb3f0b3f2eef0fcf3ddfbfcfcb3faf2eb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-09-03, Amendment 39-21516 (86 FR 
20266, April 19, 2021); corrected April 27, 2021 (86 FR 22111) (AD 
2021-09-03). AD 2021-09-03 applied to certain Airbus Canada Limited 
Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. AD 2021-09-03 
required repetitive replacements of the ELT antenna and repetitive 
inspections of the exterior fuselage skin around the ELT antenna 
attachment area. The FAA issued AD 2021-09-03 to address ELT antenna 
failure, which can lead to the loss of the ELT antenna and the 
development of fuselage cracks that can result in an inability to 
maintain cabin pressure.
    The NPRM published in the Federal Register on March 11, 2024 (89 FR 
17343). The NPRM was prompted by AD CF-2022-67, dated December 6, 2022 
(Transport Canada AD CF-2022-67) (also referred to as the MCAI), issued 
by Transport Canada, which is the aviation authority for Canada. The 
MCAI states that since Transport Canada AD CF-2021-10 (corresponds to 
AD 2021-09-03) was issued, an aluminum ELT antenna has been made 
available to prevent ELT antenna failures resulting from vibration 
loads induced by air vortices shed by the Gogo 2Ku antenna radome. In 
addition, there was an in-service failure of an ELT antenna that 
occurred before the repetitive replacement interval required by 
Transport Canada AD CF-2021-10 was reached. The MCAI also states 
installation of the aluminum ELT antenna terminates the requirements of 
Transport Canada CF-2022-67, and that the applicability has been 
limited to airplanes on which the aluminum ELT antenna has not been 
installed in production.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2021-09-03 and replacement of the ELT antenna with a new ELT 
antenna, inspection of the exterior fuselage skin around the ELT 
antenna attachment holes, and repair if necessary, as specified in 
Transport Canada AD CF-2022-67. The FAA is issuing this AD to address 
ELT antenna failure, which can lead to the loss of the ELT antenna and 
the development of fuselage cracks that can result in an inability to 
maintain cabin pressure.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0464.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment from a single commenter, Delta Air 
Lines (Delta). The following presents the comment received on the NPRM 
and the FAA's response to each comment.

Request To Clarify Applicability

    Delta requested the FAA revise the applicability of the proposed AD 
to clarify it does not apply to airplanes that are not equipped with a 
Gogo 2Ku antenna radome, part number (P/N) P23743-605 or P/N P23743-
606, as identified in the applicability of Transport Canada AD CF-2022-
67. Delta stated that for AD 2021-09-03 (corresponding to Transport 
Canada AD CF-2021-10), the FAA clarified that if an airplane is not 
equipped with the part numbers identified in the applicability of 
Transport Canada AD CF-2021-10, then the requirements of AD 2021-09-03 
do not apply to that airplane. As justification for its request, Delta 
noted that the applicability of Transport Canada AD CF-2021-10 mirrors 
the applicability of Transport Canada AD CF-2022-67.
    The FAA agrees that if an airplane is not equipped with an affected 
part number identified in the MCAI referenced in paragraph (c) of this 
AD, then this AD does not apply to that airplane. The FAA has not 
changed this AD in this regard.

Conclusion

    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 reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    Transport Canada AD CF-2022-67 specifies procedures for:
    <bullet> Repetitive replacements of the ELT antenna with a new ELT 
antenna and repetitive inspections for damage (including cracking) of 
the exterior

[[Page 88880]]

fuselage skin around the ELT antenna attachment area, and
    <bullet> A one-time replacement of the ELT antenna with a new 
aluminum ELT antenna, and detailed inspection for damage (including 
cracking) of the exterior fuselage skin around the ELT antenna 
attachment holes, and repair of any damage, which terminate the 
repetitive replacements and inspections.
    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.

Costs of Compliance

    The FAA estimates that this AD affects 56 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-09-03...  4 work-hours x $85 per            $4,230          $4,570        $255,920
                                         hour = $340.
New actions...........................  4 work-hours x $85 per             5,561           5,901         330,456
                                         hour = $340.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that are required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
4 work-hours x $85 per hour = $340....          $2,000           $2,340
------------------------------------------------------------------------

    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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will 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 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:
0
a. Removing Airworthiness Directive (AD) 2021-09-03, Amendment 39-21516 
(86 FR 20266, April 19, 2021; corrected April 27, 2021 (86 FR 22111)); 
and
0
b. Adding the following new AD:

2024-22-04 Airbus Canada Limited Partnership (Type Certificate 
Previously Held by C Series Aircraft Limited Partnership (CSALP); 
Bombardier, Inc.): Amendment 39-22875; Docket No. FAA-2024-0464; 
Project Identifier MCAI-2022-01556-T.

 (a) Effective Date

    This airworthiness directive (AD) is effective December 17, 
2024.

 (b) Affected ADs

    This AD replaces AD 2021-09-03, Amendment 39-21516 (86 FR 20266, 
April 19, 2021); corrected April 27, 2021 (86 FR 22111) (AD 2021-09-
03).

 (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-2022-67, dated December 6, 2022 (Transport Canada AD 
CF-2022-67).

 (d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings; 53, Fuselage.

 (e) Unsafe Condition

    This AD was prompted by reports of the failure of emergency 
locator transmitter (ELT) antennas, including an in-service failure 
that occurred before the repetitive replacement interval required by 
AD 2021-09-03, and by the development of a terminating action. The

[[Page 88881]]

FAA is issuing this AD to address ELT antenna failure. The unsafe 
condition, if not addressed, could result in loss of the ELT antenna 
and the development of fuselage cracks that can result in an 
inability to maintain cabin pressure.

 (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-2022-67.

 (h) Exception to Transport Canada AD CF-2022-67

    (1) Where Transport Canada AD CF-2022-67 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Where Transport Canada AD CF-2022-67 refers to April 1, 2021 
(the effective date of Transport Canada AD CF-2021-10, dated March 
18, 2021), this AD requires using May 4, 2021 (the effective date of 
AD 2021-09-03).
    (3) Where Transport Canada AD CF-2022-67 refers to hours air 
time, this AD requires using flight hours.
    (4) Where paragraph C of Transport Canada AD CF-2022-67 
specifies to ``replace the ELT antenna with a new aluminum ELT 
antenna and inspect the exterior fuselage skin around the ELT 
antenna attachment holes for damage, repairing any damage found 
before further flight,'' this AD requires replacing that text with 
``replace the ELT antenna with a new aluminum ELT antenna, including 
doing an inspection of the exterior fuselage skin around the ELT 
antenna attachment holes for damage, and, before further flight, 
repair any damage found.''

 (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 (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4f76620e191c6201160e0c00620c001c0f292e2e61282039"><span class="__cf_email__" data-cfemail="764f5b3720255b382f3735395b3539253610171758111900">[email protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2021-09-03 are not 
approved as AMOCs for the corresponding provisions of Transport 
Canada AD CF-2022-67 that are required by paragraph (g) of this AD.
    (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; phone: 860-386-1786; email: 
<a href="/cdn-cgi/l/email-protection#dca5bdafb9aef2b1f2b3afb1bdb29cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="1f667e6c7a6d317231706c727e715f797e7e31787069">[email protected]</span></a>.

 (k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the material listed in this paragraph 
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Transport Canada AD CF-2022-67, dated December 6, 2022.
    (ii) [Reserved]
    (3) For Transport Canada material identified in this AD, 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#6430274a250d16130b16100c0d0a011717200d160107100d12011749270b0a170d030a011700010a05120d0305060d080d10014a30272410074a03074a0705"><span class="__cf_email__" data-cfemail="7b2f38553a12090c14090f1312151e08083f12091e180f120d1e085638141508121c151e081f1e151a0d121c1a191217120f1e552f383b0f18551c1855181a">[email protected]</span></a>; 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 <a href="/cdn-cgi/l/email-protection#8debffa3e4e3fefde8eef9e4e2e3cde3ecffeca3eae2fb"><span class="__cf_email__" data-cfemail="6503174b0c0b16150006110c0a0b250b0417044b020a13">[email protected]</span></a>.

    Issued on October 24, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-25977 Filed 11-8-24; 8:45 am]
BILLING CODE 4910-13-P


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