Airworthiness Directives; Bombardier, Inc., Airplanes, 57902-57904 [2023-18169]
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57902
Proposed Rules
Federal Register
Vol. 88, No. 163
Thursday, August 24, 2023
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1715; Project
Identifier MCAI–2023–00548–T]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL–
600–2B16 (604 Variant) airplanes. This
proposed AD was prompted by a report
that some airplanes were delivered
without a portable protective breathing
equipment (PBE) device located in the
forward left side cabin area of the
airplane. This proposed AD would
require visually inspecting the forward
left side cabin area of the airplane to
determine if the portable PBE device is
installed and, if not installed, would
require installing the portable PBE
device along with the associated
placard. 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 10,
2023.
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
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
15:52 Aug 23, 2023
Jkt 259001
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1715; 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 service information identified
in this NPRM, contact Bombardier
Business Aircraft Customer Response
Center, 400 Coˆte Vertu Road West,
Dorval, Que´bec H4S 1Y9, Canada;
telephone 514 855 2999; email: ac.yul@
aero.bombardier.com; website:
bombardier.com.
• 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:
Gabriel Kim, 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–2023–1715; Project Identifier
MCAI–2023–00548–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 the 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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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 Gabriel Kim, 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–
21, dated March 30, 2023 (Transport
Canada AD CF–2023–21) (also referred
to after this as the MCAI), to correct an
unsafe condition on certain Bombardier,
Inc., Model CL–600–2B16 (604 Variant)
airplanes. The MCAI states that some
airplanes were delivered without a
portable PBE device located in the
forward left side cabin area of the
airplane. The portable PBE device is
required to meet the certification
standards of Transport Canada and the
FAA 1 and provides protection for crew
members when investigating or
combatting a fire in the cabin.
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–2023–1715.
1 14
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CFR 25.1439.
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
57903
Related Service Information Under 1
CFR Part 51
course of business or by the means
identified in the ADDRESSES section.
on other products of the same type
design.
The FAA reviewed Bombardier
Service Bulletin 604–35–008, Revision
02, dated January 13, 2023. This service
information specifies procedures for
performing a general visual inspection
of the forward left side cabin area of the
airplane for a portable PBE device and,
if missing, installing a portable PBE
device and its associated placard. This
service information is reasonably
available because the interested parties
have access to it through their normal
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 and service
information referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
the service information already
described.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 139
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
0.5 work-hour × $85 per hour = $43 ...........................................................................................
$0
$43
$5,977
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need this
on-condition action:
ESTIMATED COSTS OF ON-CONDITION
ACTIONS
Labor cost
Parts cost
Cost per
product
2 work-hours × $85
per hour = $170 ....
$2,157
$2,327
lotter on DSK11XQN23PROD with PROPOSALS1
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.
VerDate Sep<11>2014
15:52 Aug 23, 2023
Jkt 259001
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
(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:
■
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
Bombardier, Inc.: Docket No. FAA–2023–
1715; Project Identifier MCAI–2023–
00548–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by October 10,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc.,
Model CL–600–2B16 (604 Variant) airplanes,
certificated in any category, with serial
numbers as identified in the Bombardier
Service Bulletin 604–35–008, Revision 02,
dated January 13, 2023.
(d) Subject
Air Transport Association (ATA) of
America Code: 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that
some airplanes were delivered without a
portable protective breathing equipment
(PBE) device located in the forward left side
cabin area of the airplane. The FAA is issuing
this AD to address a missing portable PBE
device. The unsafe condition, if not
addressed, could result in inadequate
protection for crew members when
investigating or combatting a fire in the
cabin.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Visual Inspection for Portable PBE
Within 12 months from the effective date
of this AD, do a general visual inspection of
the forward left side cabin area of the
airplane and verify if a portable PBE device,
marked with Technical Standard Order
(TSO) C116 or C116a, is installed and
placarded, in accordance with Section 2.B. of
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Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules
the Accomplishment Instructions of
Bombardier Service Bulletin 604–35–008,
Revision 02, dated January 13, 2023. If the
PBE device is missing, before further flight,
install a portable PBE device marked with
TSO C116 or TSO C116a and its associated
placard, in accordance with section 2.B. of
the Accomplishment Instructions of
Bombardier Service Bulletin 604–35–008,
Revision 02, dated January 13, 2023.
(h) 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, International Validation
Branch, mail it to the address identified in
paragraph (i)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing
information, also submit information by
email. 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
Bombardier, Inc.’s Transport Canada Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
lotter on DSK11XQN23PROD with PROPOSALS1
(i) Additional Information
(1) Refer to Transport Canada AD CF–
2023–21, dated March 30, 2023, for related
information. This Transport Canada AD may
be found in the AD docket at regulations.gov
under Docket No. FAA–2023–1715.
(2) For more information about this AD,
contact Gabriel Kim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7300; email 9-avs-nyaco-cos@faa.gov.
(j) 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) Bombardier Service Bulletin 604–35–
008, Revision 02, dated January 13, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact Bombardier, Inc., Business
Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9,
Canada; telephone 514–855–2999; email:
ac.yul@aero.bombardier.com; website:
bombardier.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
VerDate Sep<11>2014
15:52 Aug 23, 2023
Jkt 259001
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 fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–18169 Filed 8–23–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1716; Project
Identifier MCAI–2022–00168–Q]
RIN 2120–AA64
Airworthiness Directives; Thales AVS
France SAS Flight Management
Computer Navigation Modules
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Thales AVS France SAS (Thales)
flight management computer navigation
modules (FMC2 NAVM) installed on,
but not limited to, airplanes. This AD
was prompted by reports that, due to
software issues, certain FMC2 NAVM
navigation modules provide erroneous
data to the flight management computer,
compromising safe flight of the airplane.
This proposed AD would require
revising the existing aircraft flight
manual (AFM) for your airplane and
updating the navigation database. This
proposed AD would also prohibit
installing a database unless certain
procedures were removed. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this NPRM by October 10, 2023.
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–
SUMMARY:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
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–2023–1716; 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 service information identified
in this NPRM, contact Thales AVS
France SAS, 75–77 Avenue Marcel
Dassault, 33700 Merignac, France;
phone: +33 7 86 33 59 20; email:
continued.airworthiness@
thalesgroup.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT:
Nicholas Rediess, Aviation Safety
Engineer, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone: (781)
238–7159; email: 9-AVS-AIR-BACOCOS@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–2023–1716; Project Identifier
MCAI–2022–00168–Q’’ 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.
E:\FR\FM\24AUP1.SGM
24AUP1
Agencies
[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57902-57904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18169]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 /
Proposed Rules
[[Page 57902]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1715; Project Identifier MCAI-2023-00548-T]
RIN 2120-AA64
Airworthiness Directives; 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 certain Bombardier, Inc., Model CL-600-2B16 (604 Variant)
airplanes. This proposed AD was prompted by a report that some
airplanes were delivered without a portable protective breathing
equipment (PBE) device located in the forward left side cabin area of
the airplane. This proposed AD would require visually inspecting the
forward left side cabin area of the airplane to determine if the
portable PBE device is installed and, if not installed, would require
installing the portable PBE device along with the associated placard.
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 10,
2023.
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-2023-1715; 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 service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514
855 2999; email: bombardier.com">ac.yul@aero.bombardier.com; website: bombardier.com.
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: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].
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-2023-1715; Project Identifier
MCAI-2023-00548-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
the 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
Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516-228-7300; email [email protected]. 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-2023-21, dated March 30, 2023 (Transport
Canada AD CF-2023-21) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model CL-600-
2B16 (604 Variant) airplanes. The MCAI states that some airplanes were
delivered without a portable PBE device located in the forward left
side cabin area of the airplane. The portable PBE device is required to
meet the certification standards of Transport Canada and the FAA \1\
and provides protection for crew members when investigating or
combatting a fire in the cabin.
---------------------------------------------------------------------------
\1\ 14 CFR 25.1439.
---------------------------------------------------------------------------
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-2023-1715.
[[Page 57903]]
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletin 604-35-008, Revision
02, dated January 13, 2023. This service information specifies
procedures for performing a general visual inspection of the forward
left side cabin area of the airplane for a portable PBE device and, if
missing, installing a portable PBE device and its associated placard.
This service information 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
and service information referenced above. The FAA is issuing this NPRM
after determining that the unsafe condition described previously is
likely to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in the service information already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 139 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
----------------------------------------------------------------------------------------------------------------
0.5 work-hour x $85 per hour = $43........................... $0 $43 $5,977
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.............. $2,157 $2,327
------------------------------------------------------------------------
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
(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:
Bombardier, Inc.: Docket No. FAA-2023-1715; Project Identifier MCAI-
2023-00548-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B16 (604
Variant) airplanes, certificated in any category, with serial
numbers as identified in the Bombardier Service Bulletin 604-35-008,
Revision 02, dated January 13, 2023.
(d) Subject
Air Transport Association (ATA) of America Code: 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that some airplanes were
delivered without a portable protective breathing equipment (PBE)
device located in the forward left side cabin area of the airplane.
The FAA is issuing this AD to address a missing portable PBE device.
The unsafe condition, if not addressed, could result in inadequate
protection for crew members when investigating or combatting a fire
in the cabin.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Visual Inspection for Portable PBE
Within 12 months from the effective date of this AD, do a
general visual inspection of the forward left side cabin area of the
airplane and verify if a portable PBE device, marked with Technical
Standard Order (TSO) C116 or C116a, is installed and placarded, in
accordance with Section 2.B. of
[[Page 57904]]
the Accomplishment Instructions of Bombardier Service Bulletin 604-
35-008, Revision 02, dated January 13, 2023. If the PBE device is
missing, before further flight, install a portable PBE device marked
with TSO C116 or TSO C116a and its associated placard, in accordance
with section 2.B. of the Accomplishment Instructions of Bombardier
Service Bulletin 604-35-008, Revision 02, dated January 13, 2023.
(h) 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,
International Validation Branch, mail it to the address identified
in paragraph (i)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email. 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 Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.
(i) Additional Information
(1) Refer to Transport Canada AD CF-2023-21, dated March 30,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1715.
(2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(j) 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) Bombardier Service Bulletin 604-35-008, Revision 02, dated
January 13, 2023.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Bombardier, Inc., Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514-855-2999; email: bombardier.com">ac.yul@aero.bombardier.com; website:
bombardier.com.
(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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18169 Filed 8-23-23; 8:45 am]
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