Airworthiness Directives; Bombardier, Inc., Airplanes, 3339-3342 [R1-2023-28849]

Download as PDF Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations The FAA has received no definitive data on which to base the cost estimates for the corrective actions specified in this AD. 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. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: khammond on DSKJM1Z7X2PROD with RULES 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: ■ VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 2024–02–51 The Boeing Company: Amendment 39–22663; Docket No. FAA–2024–0032; Project Identifier AD– 2024–00021–T. (a) Effective Date The FAA issued Emergency Airworthiness Directive (AD) 2024–02–51 on January 6, 2024, directly to affected owners and operators. As a result of such actual notice, the emergency AD was effective for those owners and operators on the date it was provided. This AD contains the same requirements as that emergency AD and, for those who did not receive actual notice, is effective on January 18, 2024. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 737–9 airplanes, certificated in any category, with a mid cabin door plug installed. (d) Subject Air Transport Association (ATA) of America Code 52, Doors. (e) Unsafe Condition This AD was prompted by a report of an in-flight departure of a mid cabin door plug, which resulted in a rapid decompression of the airplane. The FAA is issuing this AD to address the potential in-flight loss of a mid cabin door plug, which could result in injury to passengers and crew, the door impacting the airplane, and/or loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection or Other Action As of the effective date of this AD, further flight is prohibited until the airplane is inspected and all applicable corrective actions have been performed using a method approved by the Manager, AIR–520, Continued Operational Safety Branch, FAA. (h) Special Flight Permits Special flight permits, as described in 14 CFR 21.197 and 21.199, are allowed only for unpressurized flights. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520, Continued Operational Safety 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 3339 of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information For further information about this AD, contact Michael Linegang, Manager, Operational Safety Branch, FAA; phone: 817–222–5390; email: OperationalSafety@ faa.gov. (k) Material Incorporated by Reference None. Issued on January 12, 2024. Caitlin Locke, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–00993 Filed 1–16–24; 2:00 pm] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1715; Project Identifier MCAI–2023–00548–T; Amendment 39–22640; AD 2023–25–13] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Editorial Note: Rule document 2023–28849 originally published on pages 256–258 in the issue of Wednesday, January 3, 2024. In that publication, on page 256, in the second column, in the DATES section, on the first, second, and sixth lines, and on page 257, in the third column, in paragraph ‘‘(a) Effective Date,’’ on the second line, ‘‘February 7, 2023’’ should read ‘‘February 7, 2024’’. The rule is republished here corrected and in its entirety. The FAA is adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL–600–2B16 (604 Variant) airplanes. This AD was prompted by a report that some airplanes were delivered without a portable protective breathing equipment (PBE) device located in the left-side forward wardrobe, flight deck, or passenger cabin area of the airplane. SUMMARY: E:\FR\FM\18JAR1.SGM 18JAR1 3340 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations This AD requires visually inspecting the forward left side cabin area of the airplane to determine if the portable PBE device is installed and, if not installed, requires installing the portable PBE device along with the associated placard. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 7, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 7, 2024. ADDRESSES: 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 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: • For service information identified in this final rule, 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 St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA– 2023–1715. 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: khammond on DSKJM1Z7X2PROD with RULES Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model CL–600–2B16 (604 Variant) airplanes. The NPRM published in the Federal Register on August 24, 2023 (88 FR 57902). The NPRM was prompted by AD CF–2023–21, dated March 30, 2023, issued by Transport Canada, which is the aviation authority for Canada, (referred to after this as the MCAI). The MCAI states that some airplanes were delivered without a portable PBE device located in the left-side forward wardrobe, or cockpit, or passenger cabin area of the airplane. The portable PBE device is required to meet the certification standards of Transport Canada and the FAA and provides protection for crew members when investigating or combatting a fire in the cabin. In the NPRM, the FAA proposed to 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 issuing 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. Discussion of Final Airworthiness Directive Comments The following presents the comments received on the NPRM and the FAA’s response to each comment. Request To Add PBE Device Locations Bombardier requested that the proposed AD be revised to clarify the locations of the portable PBE devices. Bombardier stated that these locations were specified in Transport Canada AD CF–2023–21 and Bombardier Service Bulletin 604–35–008, Revision 02, dated January 13, 2023. The FAA agrees to add the specified locations and has revised the relevant sections in this AD accordingly. Request To Clarify Required Service Bulletin Paragraphs Bombardier requested that paragraph (g) of the proposed AD be revised to change the paragraph reference for verifying installation of the PBE device and placard from ‘‘Section 2.B.’’ of the service information to ‘‘Section 2.B.1.’’ The FAA agrees to change the paragraph reference as requested and has revised paragraph (g) of this AD accordingly. Likewise, where paragraph (g) of the proposed AD specified installing those parts in accordance with ‘‘section 2.B.’’ of the service information, this has been changed to ‘‘paragraph 2.B.(2)’’ in this AD. 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 comments 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, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. 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 left-side forward wardrobe, or flight deck, or passenger 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. Costs of Compliance The FAA estimates that this AD affects 139 airplanes of U.S. registry. The FAA estimates the following costs to comply with this 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 VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\18JAR1.SGM 18JAR1 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 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 3341 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 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. khammond on DSKJM1Z7X2PROD with RULES 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: VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–25–13 Bombardier, Inc.: Amendment 39–22640; Docket No. FAA–2023–1715; Project Identifier MCAI–2023–00548–T. (a) Effective Date This airworthiness directive (AD) is effective February 7, 2024. (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 left-side forward wardrobe, flight deck, or passenger 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 left-side forward wardrobe, flight deck, or passenger 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 paragraph 2.B.(1) of the Accomplishment Instructions of Bombardier PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 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 paragraph 2.B.(2) 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. (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. E:\FR\FM\18JAR1.SGM 18JAR1 3342 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations (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 Street, 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-locationsoremailfr.inspection@nara.gov. Issued on December 14, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. R1–2023–28849 Filed 1–17–24; 8:45 am] BILLING CODE 0099–10–D DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1502; Project Identifier MCAI–2023–00380–T; Amendment 39–22634; AD 2023–25–07] RIN 2120–AA64 Airworthiness Directives; Dassault Aviation Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Editorial Note: Rule document 2023–28853 originally published on pages 244–246 in the issue of Wednesday, January 3, 2024. In that publication, on page 244, in the second column, in the DATES section, on the first, second, and sixth lines, on page 245, in the third column, in paragraph ‘‘(a) Effective Date,’’ on the second line, and on page 246, in the second column, in paragraph ‘‘(p) Material Incorporated by Reference,’’ in sub paragraph ‘‘(3),’’ ‘‘February 7, 2023’’ should read ‘‘February 7, 2024’’. The rule is republished here corrected and in its entirety. The FAA is superseding Airworthiness Directive (AD) 2023–04– 10, which applied to all Dassault Aviation Model MYSTERE–FALCON 900 airplanes. AD 2023–04–10 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2023–04–10, and requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations; as specified in a European Union Aviation Safety Agency (EASA) 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 February 7, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 7, 2024. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of May 12, 2023 (88 FR 20743, April 7, 2023). ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1502; 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: • For material incorporated by reference in this AD, 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 material on the EASA website at ad.easa.europa.eu • 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 in the AD docket at regulations.gov under Docket No. FAA– 2023–1502. FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206– 231–3226; email tom.rodriguez@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2023–04–10, PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Amendment 39–22357 (88 FR 20743, April 7, 2023) (AD 2023–04–10). AD 2023–04–10 applied to all Dassault Aviation Model MYSTERE-FALCON 900 airplanes. AD 2023–04–10 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2023–04–10 to address reduced structural integrity of the airplane. AD 2023–04–10 specifies that accomplishing the revision required by that AD terminates the requirements of paragraph (g)(1) of AD 2010–26–05, Amendment 39–16544 (75 FR 79952, December 21, 2010) (AD 2010–26–05) for Dassault Aviation Model MYSTEREFALCON 900 airplanes only. This AD therefore continues to allow that terminating action. The NPRM published in the Federal Register on July 21, 2023 (88 FR 47086); corrected August 14, 2023 (88 FR 54933). The NPRM was prompted by AD 2023–0046, dated March 2, 2023, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2023–0046) (also referred to as the MCAI). The MCAI states that new or more restrictive airworthiness limitations have been developed. In the NPRM, the FAA proposed to continue to require the actions in AD 2023–04–10 and to require revising the existing maintenance or inspection program, as specified in EASA AD 2023–0046. The FAA is issuing this AD to address reduced structural integrity of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1502. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the cost to the public. 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 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 E:\FR\FM\18JAR1.SGM 18JAR1

Agencies

[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3339-3342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2023-28849]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1715; Project Identifier MCAI-2023-00548-T; 
Amendment 39-22640; AD 2023-25-13]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

    Editorial Note: Rule document 2023-28849 originally published on 
pages 256-258 in the issue of Wednesday, January 3, 2024. In that 
publication, on page 256, in the second column, in the DATES 
section, on the first, second, and sixth lines, and on page 257, in 
the third column, in paragraph ``(a) Effective Date,'' on the second 
line, ``February 7, 2023'' should read ``February 7, 2024''. The 
rule is republished here corrected and in its entirety.

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes. 
This AD was prompted by a report that some airplanes were delivered 
without a portable protective breathing equipment (PBE) device located 
in the left-side forward wardrobe, flight deck, or passenger cabin area 
of the airplane.

[[Page 3340]]

This AD requires visually inspecting the forward left side cabin area 
of the airplane to determine if the portable PBE device is installed 
and, if not installed, requires installing the portable PBE device 
along with the associated placard. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective February 7, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 7, 
2024.

ADDRESSES: 
    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 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:
     For service information identified in this final rule, 
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 St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2023-1715.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model CL-600-2B16 (604 Variant) airplanes. The NPRM published in 
the Federal Register on August 24, 2023 (88 FR 57902). The NPRM was 
prompted by AD CF-2023-21, dated March 30, 2023, issued by Transport 
Canada, which is the aviation authority for Canada, (referred to after 
this as the MCAI). The MCAI states that some airplanes were delivered 
without a portable PBE device located in the left-side forward 
wardrobe, or cockpit, or passenger cabin area of the airplane. The 
portable PBE device is required to meet the certification standards of 
Transport Canada and the FAA and provides protection for crew members 
when investigating or combatting a fire in the cabin. In the NPRM, the 
FAA proposed to 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 issuing 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.

Discussion of Final Airworthiness Directive

Comments

    The following presents the comments received on the NPRM and the 
FAA's response to each comment.

Request To Add PBE Device Locations

    Bombardier requested that the proposed AD be revised to clarify the 
locations of the portable PBE devices. Bombardier stated that these 
locations were specified in Transport Canada AD CF-2023-21 and 
Bombardier Service Bulletin 604-35-008, Revision 02, dated January 13, 
2023.
    The FAA agrees to add the specified locations and has revised the 
relevant sections in this AD accordingly.

Request To Clarify Required Service Bulletin Paragraphs

    Bombardier requested that paragraph (g) of the proposed AD be 
revised to change the paragraph reference for verifying installation of 
the PBE device and placard from ``Section 2.B.'' of the service 
information to ``Section 2.B.1.''
    The FAA agrees to change the paragraph reference as requested and 
has revised paragraph (g) of this AD accordingly. Likewise, where 
paragraph (g) of the proposed AD specified installing those parts in 
accordance with ``section 2.B.'' of the service information, this has 
been changed to ``paragraph 2.B.(2)'' in this AD.

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 
comments 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, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

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 left-side 
forward wardrobe, or flight deck, or passenger 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.

Costs of Compliance

    The FAA estimates that this AD affects 139 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
0.5 work-hour x $85 per hour = $43...........................              $0              $43           $5,977
----------------------------------------------------------------------------------------------------------------


[[Page 3341]]

    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

    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 adding the following new airworthiness 
directive:

2023-25-13 Bombardier, Inc.: Amendment 39-22640; Docket No. FAA-
2023-1715; Project Identifier MCAI-2023-00548-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 7, 2024.

(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 left-side forward wardrobe, flight deck, or 
passenger 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 left-side forward wardrobe, flight 
deck, or passenger 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 paragraph 
2.B.(1) of 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 paragraph 2.B.(2) 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.

[[Page 3342]]

    (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 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. R1-2023-28849 Filed 1-17-24; 8:45 am]
BILLING CODE 0099-10-D
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