Rule2024-13141
Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 17, 2024
Effective
July 2, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes. This AD was prompted by a design review that found that the heat generated by a thermal runaway event, caused by the lithium batteries of the wardrobe personal locator beacon (PLB) would not be sufficiently mitigated by the PLB design to prevent any adverse effect on the two portable oxygen cylinder assemblies located near the PLB installation. This AD requires relocation and replacement of the existing PLB with a new PLB part number at the left-side forward wardrobe assembly, as specified in a Transport Canada AD, which is incorporated by reference. This AD also prohibits the installation of affected parts. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 117 (Monday, June 17, 2024)</title>
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[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Rules and Regulations]
[Pages 51205-51208]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13141]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1292; Project Identifier MCAI-2023-00908-T;
Amendment 39-22743; AD 2024-09-01]
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.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Airbus Canada Limited Partnership Model BD-500-1A11 airplanes.
This AD was prompted by a design review that found that the heat
generated by a thermal runaway event, caused by the lithium batteries
of the wardrobe personal locator beacon (PLB) would not be sufficiently
mitigated by the PLB design to prevent any adverse effect on the two
portable oxygen cylinder assemblies located near the PLB installation.
This AD requires relocation and replacement of the existing PLB with a
new PLB part number at the left-side forward wardrobe assembly, as
specified in a Transport Canada AD, which is incorporated by reference.
This AD also prohibits the installation of affected parts. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective July 2, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 2,
2024.
The FAA must receive comments on this AD by August 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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. 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.
[[Page 51206]]
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1292; 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:
<bullet> For Transport Canada material, 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#b3e7f09df2dac1c4dcc1c7dbdaddd6c0c0f7dac1d6d0c7dac5d6c09ef0dcddc0dad4ddd6c0d7d6ddd2c5dad4d2d1dadfdac7d69de7f0f3c7d09dd4d09dd0d2"><span class="__cf_email__" data-cfemail="1b4f58355a72696c74696f7372757e68685f72697e786f726d7e683658747568727c757e687f7e757a6d727c7a797277726f7e354f585b6f78357c7835787a">[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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1292.
FOR FURTHER INFORMATION CONTACT: William Reisenauer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#447d69253237692a3d25272b69272b37042225256a232b32"><span class="__cf_email__" data-cfemail="99a0b4f8efeab4f7e0f8faf6b4faf6ead9fff8f8b7fef6ef">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this final rule. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2024-1292; Project
Identifier MCAI-2023-00908-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
<a href="http://regulations.gov">regulations.gov</a>, 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 William
Reisenauer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#724b5f1304015f1c0b13111d5f111d01321413135c151d04"><span class="__cf_email__" data-cfemail="9aa3b7fbece9b7f4e3fbf9f5b7f9f5e9dafcfbfbb4fdf5ec">[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-2023-57, dated July 25, 2023 (Transport
Canada AD CF-2023-57) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Airbus Canada Limited
Partnership Model BD-500-1A11 airplanes. The MCAI states that a design
review of the wardrobe PLB with lithium batteries indicated that
certain original design assumptions were incorrect. The subject PLB, if
installed, is in the left-side forward wardrobe. It was found that the
heat generated by a thermal runaway event, caused by the lithium
batteries, would not be sufficiently mitigated by the PLB design to
prevent any adverse effect on the two portable oxygen cylinder
assemblies (POCAs) located near the PLB installation. As a result, a
thermal runaway could lead to the release of oxygen from each POCA,
which could feed the fire caused by the thermal runaway of the lithium
batteries.
The FAA is issuing this AD to prevent a lithium battery fire of the
PLB at the left-side forward wardrobe assembly. The unsafe condition,
if not addressed, could result in fire and smoke in the cabin leading
to reduced ability of the flightcrew to maintain the safe flight and
landing of the airplane. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1292.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Transport Canada AD CF-2023-57, which specifies
procedures for removal of the PLB part number (P/N) 500-12Y,
modification of the left-side forward wardrobe assembly, and
installation of a new PLB P/N 500-32-2Y-H with a new mounting bracket
and hardware attachments. 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 AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
AD Requirements
This AD requires accomplishing the actions specified in Transport
Canada AD CF-2023-57 described previously, except for any differences
identified as exceptions in the regulatory text of this AD. This AD
also prohibits the installation of affected parts.
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-2023-57 is incorporated by reference in this AD.
This AD requires compliance with Transport Canada AD CF-2023-57 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-2023-57 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1292
after this AD is published.
Justification for Immediate Adoption 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
[[Page 51207]]
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
foregoing 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
The requirements of the Regulatory Flexibility Act (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 prior 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. Registry 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255........................................ (*) $255
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
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 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
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, 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 adding the following new airworthiness
directive:
2024-09-01 Airbus Canada Limited Partnership (Type Certificate
Previously Held by C Series Aircraft Limited Partnership (CSALP);
Bombardier, Inc.): Amendment 39-22743; Docket No. FAA-2024-1292;
Project Identifier MCAI-2023-00908-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 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-500-1A11 airplanes, certificated
in any category, as identified in Transport Canada AD CF-2023-57,
dated July 25, 2023 (Transport Canada AD CF-2023-57).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
Furnishings.
(e) Unsafe Condition
This AD was prompted by a design review that found that the heat
generated by a thermal runaway event, caused by the lithium
batteries of the wardrobe personal locator beacon (PLB) would not be
sufficiently mitigated by the PLB design to prevent any adverse
effect on the two portable oxygen cylinder assemblies located near
the PLB installation. The FAA is issuing this AD to prevent a
lithium battery fire at the left-side forward wardrobe assembly. The
unsafe condition, if not addressed, could result in fire and smoke
in the cabin leading to reduced ability of the flightcrew to
maintain the safe flight and landing of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) PLB Relocation and Replacement
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-2023-57.
(h) Exception To Transport Canada AD CF-2023-57
Where Transport Canada AD CF-2023-57 refers to its effective
date, this AD requires using the effective date of this AD.
(i) Parts Installation Prohibition
As of the effective date of this AD, no person may install a PLB
part number 500-12Y on any airplane.
(j) 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.
[[Page 51208]]
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
(k) of this AD. Information may be emailed to: 9-AVS-NYACO-
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5e1d110d1e383f3f70393128">[email protected]</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.
(k) Additional Information
For more information about this AD, contact William Reisenauer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email <a href="/cdn-cgi/l/email-protection#6e57430f181d4300170f0d01430d011d2e080f0f40090118"><span class="__cf_email__" data-cfemail="ba8397dbccc997d4c3dbd9d597d9d5c9fadcdbdb94ddd5cc">[email protected]</span></a>.
(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) Transport Canada AD CF-2023-57, dated July 25, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF-2023-57, 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#6d392e432c041f1a021f19050403081e1e29041f080e19041b081e402e02031e040a03081e0908030c1b040a0c0f040104190843392e2d190e430a0e430e0c"><span class="__cf_email__" data-cfemail="095d4a2748607b7e667b7d6160676c7a7a4d607b6c6a7d607f6c7a244a66677a606e676c7a6d6c67687f606e686b6065607d6c275d4a497d6a276e6a276a68">[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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#4c2a3e6225223f3c292f382523220c222d3e2d622b233a"><span class="__cf_email__" data-cfemail="98feeab6f1f6ebe8fdfbecf1f7f6d8f6f9eaf9b6fff7ee">[email protected]</span></a>.
Issued on June 11, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-13141 Filed 6-14-24; 8:45 am]
BILLING CODE 4910-13-P
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