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.

Proposed Rules Federal Register

57902 

Vol. 88, No. 163 

Thursday, August 24, 2023 

1 14 CFR 25.1439. 

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 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 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / Proposed Rules 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

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 

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 

■ 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: 

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 


lotter on DSK11XQN23PROD with PROPOSALS1
57904 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: 9- 

AVS-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. 

(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 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 

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 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– 

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. 


lotter on DSK11XQN23PROD with PROPOSALS1