83822 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2023–21–10 ATR—GIE Avions de 

Transport Re ́gional: Amendment 39– 

22582; Docket No. FAA–2023–1713; 

Project Identifier MCAI–2023–00781–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 5, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to ATR—GIE Avions de 

Transport Re ́gional Model ATR42–500 and 

ATR72–212A airplanes, certificated in any 

category, as identified in ATR Service 

Bulletin ATR42–55–0020, dated March 2, 

2023; or ATR Service Bulletin ATR72–55– 

1013, dated March 2, 2023; as applicable. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 55, Stabilizers. 

(e) Unsafe Condition 

This AD was prompted by reports of loose 

fasteners and cracks in the horizontal 

stabilizer (HS) left- and right-hand leading 

edge lateral ribs, the box in between, the 

center box upper panel, and HS forward 

back-up fitting. The FAA is issuing this AD 

to address loose, missing, or incorrectly 

installed fasteners, composite delamination, 

and cracks in the HS. The unsafe condition, 

if not addressed, could result in reduced 

structural integrity of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraphs (h) and 

(i) of this AD: Comply with all required 

actions and compliance times specified in, 

and in accordance with, European Union 

Aviation Safety Agency (EASA) AD 2023– 

0125, dated June 22, 2023 (EASA AD 2023– 

0125). 

(h) Exceptions to EASA AD 2023–0125 

(1) Where paragraph (1) of EASA AD 2023– 

0125 refers to its effective date, this AD 

requires using the effective date of this AD. 

(2) Where paragraph (2) of EASA AD 2023– 

0125 specifies to ‘‘contact ATR for approved 

repair instructions and, within the 

compliance time specified therein, 

accomplish those instructions accordingly’’ if 

any discrepancy is detected, for this AD if 

any crack is detected, the crack must be 

repaired before further flight using a method 

approved by the Manager, International 

Validation Branch, FAA; or EASA; or ATR— 

GIE Avions de Transport Re ́gional’s EASA 

Design Organization Approval (DOA). If 

approved by the DOA, the approval must 

include the DOA-authorized signature. 

(3) This AD does not adopt the ‘‘Remarks’’ 

section of EASA AD 2023–0125. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2023–0125 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Validation Branch, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

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 International Validation Branch, send 

it to the attention of the person identified in 

paragraph (k) of this AD. Information may be 

emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 

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 EASA; or ATR—GIE Avions 

de Transport Re ́gional’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(k) Additional Information 

For more information about this AD, 

contact Shahram Daneshmandi, Aviation 

Safety Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; telephone 

206–231–3220; email 

shahram.daneshmandi@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0125, dated June 22, 2023. 

(ii) ATR Service Bulletin ATR42–55–0020, 

dated March 2, 2023. 

(iii) ATR Service Bulletin ATR72–55–1013, 

dated March 2, 2023. 

(3) For EASA AD 2023–0125, 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 EASA AD 

on the EASA website ad.easa.europa.eu. 

(4) For ATR service information identified 

in this AD, contact ATR—GIE Avions de 

Transport Re ́gional, 1 Alle ́e Pierre Nadot, 

31712 Blagnac Cedex, France; telephone +33 

(0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; 

email continued.airworthiness@atr 

aircraft.com; website atr-aircraft.com. 

(5) You may view this material 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. 

(6) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit: www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on October 20, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–26381 Filed 11–30–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1710; Project 

Identifier MCAI–2023–00243–T; Amendment 

39–22600; AD 2023–22–16] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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 reports from the supplier 

that sensing elements of the bleed air 

leak detection system were 

manufactured with insufficient salt fill, 

which can result in an inability to detect 

hot bleed air leaks. This AD requires 

testing of all affected overheat detection 

sensing elements of the bleed air leak 

detection system, and replacement if 

necessary. This AD also prohibits the 

installation of affected parts. The FAA 

is issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective January 5, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of January 5, 2024. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1710; 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 


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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 83823 

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 Bombardier 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. 

• For Kidde Aerospace & Defense 

service information identified in this 

final rule, contact Kidde Aerospace & 

Defense, 4200 Airport Drive NW, 

Building B, Wilson, NC 27896; 

telephone: 319–295–5000; website: 

kiddetechnologies.com/aviation.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– 

2023–1710. 

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: 

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 14, 2023 (88 FR 

54946). The NPRM was prompted by 

AD CF–2023–05, dated February 8, 

2023, issued by Transport Canada, 

which is the aviation authority for 

Canada (referred to after this as the 

MCAI). The MCAI states that 

Bombardier received reports from the 

supplier of the overheat detection 

sensing elements of a manufacturing 

quality escape. Some of the sensing 

elements of the bleed air leak detection 

system were manufactured with 

insufficient salt fill, which can result in 

an inability to detect hot bleed air leaks 

and cause damage to surrounding 

structures and systems that can prevent 

continued safe flight and landing. 

In the NPRM, the FAA proposed to 

require testing of all affected overheat 

detection sensing elements of the bleed 

air leak detection system, and 

replacement if necessary. In the NPRM, 

the FAA also proposed to prohibit the 

installation of affected parts. 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–2023–1710. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received a comment from 

Bombardier. The following presents the 

comment received on the NPRM and the 

FAA’s response to the comment. 

Request for Removal of Certain 

Variants 

Bombardier requested that the FAA 

remove reference to the 601–3A and 

601–3R Variants from the proposed AD. 

Bombardier stated that Model CL–600– 

2B16 601–3A and 601–3R Variants are 

not affected by the identified unsafe 

condition; only Model CL–600–2B16 

604 Variant airplanes are affected. 

The FAA agrees and notes that the 

604 Variant airplanes are those having 

serial numbers 5301 and subsequent, 

therefore, the 601–3A and 601–3R 

Variants are not applicable to this AD. 

The FAA revised the Summary, 

Background, and paragraph (c) of this 

AD accordingly. 

Conclusion 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

reviewed the relevant data, considered 

the comment received, and determined 

that air safety requires adopting this AD 

as proposed. Accordingly, the FAA is 

issuing this AD to address the unsafe 

condition on this product. Except for 

minor editorial changes, 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 604–36–005, 

Bombardier Service Bulletin 605–36– 

002, and Bombardier Service Bulletin 

650–36–001, all dated December 23, 

2022. This service information specifies 

procedures for testing affected bleed air 

leak detection system sensing elements 

(i.e., those marked with a date code 

before ‘‘A2105’’ (which corresponds to 

January 31, 2021) with a part number 

defined in this service information) to 

determine if they are serviceable and 

replacing failed sensing elements with 

serviceable ones. These documents are 

distinct since they apply to different 

airplane serial numbers. 

The FAA reviewed Kidde Aerospace 

& Defense Service Bulletin CFD–26–1, 

Revision 6, dated February 28, 2022. 

This service information specifies 

affected continuous fire detector part 

numbers and testing procedures. 

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 694 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 

Up to 37 work-hours × $85 per hour = Up to $3,145 ............................................. $0 Up to $3,145 .......... Up to $2,182,630. 

The estimates the following costs to 

do any necessary on-condition actions 

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 these oncondition actions. 


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83824 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per 

product 

37 work-hours × $85 per hour = $3,145 ................................................................................................................. $4,000 * $7,145 

* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this AD. This is the estimated cost for 

replacement of 2 percent of the failed sensing elements. If all sensing elements failed, the estimated parts cost would be $40,000 for each 

airplane. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

the costs of this AD may be covered 

under warranty, thereby reducing the 

cost impact on affected operators. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(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 

■ 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: 

2023–22–16 Bombardier, Inc.: Amendment 

39–22600; Docket No. FAA–2023–1710; 

Project Identifier MCAI–2023–00243–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 5, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc., 

Model CL–600–2B16 (604 Variant) airplanes, 

certificated in any category, serial numbers 

5580 through 5665 inclusive, 5701 through 

5988 inclusive, and 6050 and subsequent. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 36, Pneumatic. 

(e) Unsafe Condition 

This AD was prompted by reports that 

sensing elements of the bleed air leak 

detection system were manufactured with 

insufficient salt fill. The FAA is issuing this 

AD to address insufficient salt fill, which can 

result in an inability to detect hot bleed air 

leaks, which can cause damage to 

surrounding structures and systems that can 

prevent continued safe flight and landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Definitions 

For the purposes of this AD, the definitions 

specified in paragraphs (g)(1) and (2) of this 

AD apply. 

(1) Affected part: A sensing element 

marked with a date code before A2105 and 

having a part number listed in Kidde 

Aerospace and Defense Service Bulletin 

CFD–26–1, Revision 6, dated February 28, 

2022; unless the sensing element meets the 

conditions specified in paragraphs (g)(1)(i) 

and (ii) of this AD, or has passed the test 

specified in paragraph (h) of this AD. 

(i) Has been tested in accordance with the 

Accomplishment Instructions of Kidde 

Aerospace and Defense Service Bulletin 

CFD–26–1, Revision 6, dated February 28, 

2022, and passed the test; and 

(ii) Has been marked on one face of its 

connector hex nut in accordance with 

paragraph 3.C., Identification Procedure, of 

Kidde Aerospace and Defense Service 

Bulletin CFD–26–1, Revision 6, dated 

February 28, 2022. 

(2) Serviceable part: A sensing element that 

is not an affected part. 

(h) Testing 

For airplane serial numbers 5580 through 

5665 inclusive, 5701 through 5988 inclusive, 

and 6050 through 6174 inclusive: Within 

7,800 flight cycles or 96 months, whichever 

occurs first, from the effective date of this 

AD, test the bleed air leak detection system 

sensing elements to determine if they are 

serviceable, in accordance with the 

Accomplishment Instructions of the 

applicable service information identified in 

paragraphs (h)(1) through (3) of this AD. If 

the sensing element is found serviceable, 

before further flight, mark the sensing 

element with a green mark in accordance 

with the Accomplishment Instructions of the 

applicable service information identified in 

paragraphs (h)(1) through (3) of this AD. If 

the sensing element is found not serviceable, 

before further flight, replace the sensing 

element with a serviceable part in accordance 

with the Accomplishment Instructions of the 

applicable service information identified in 

paragraphs (h)(1) through (3) of this AD. 

(1) For Model CL–600–2B16 airplanes, 

serial numbers 5580 through 5665 inclusive 

(Challenger 604): Use Bombardier Service 

Bulletin 604–36–005, dated December 23, 

2022. 

(2) For Model CL–600–2B16 airplanes, 

serial numbers 5701 through 5988 inclusive 

(Challenger 605): Use Bombardier Service 

Bulletin 605–36–002, dated December 23, 

2022. 

(3) For Model CL–600–2B16 airplanes, 

serial numbers 6050 through 6174 inclusive 

(Challenger 650): Use Bombardier Service 

Bulletin 650–36–001, dated December 23, 

2022. 

(i) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install an affected part on any 

airplane. 


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(j) No Reporting Requirement 

Although the service information 

referenced in paragraph (g)(1) of this AD and 

paragraphs (h)(1) through (3) of this AD 

specifies to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(k) 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 (l)(2) of this AD or email to: 9- 

AVS-AIR-730-AMOC@faa.gov. 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. 

(3) Required for Compliance (RC): Except 

as required by paragraph (k)(2) of this AD, if 

any service information contains procedures 

or tests that are identified as RC, those 

procedures and tests must be done to comply 

with this AD; any procedures or tests that are 

not identified as RC are recommended. Those 

procedures and tests that are not identified 

as RC may be deviated from using accepted 

methods in accordance with the operator’s 

maintenance or inspection program without 

obtaining approval of an AMOC, provided 

the procedures and tests identified as RC can 

be done and the airplane can be put back in 

an airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(l) Additional Information 

(1) Refer to Transport Canada AD CF– 

2023–05, dated February 8, 2023, for related 

information. This Transport Canada AD may 

be found in the AD docket at regulations.gov 

under Docket No. FAA–2023–1710. 

(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. 

(m) 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 604–36– 

005, dated December 23, 2022. 

(ii) Bombardier Service Bulletin 605–36– 

002, dated December 23, 2022. 

(iii) Bombardier Service Bulletin 650–36– 

001, dated December 23, 2022. 

(iv) Kidde Aerospace and Defense Service 

Bulletin CFD–26–1, Revision 6, dated 

February 28, 2022. 

Note 1 to paragraph (m)(2)(iv): The 

revision level of this service bulletin is only 

identified on the transmittal sheet. 

(3) For Bombardier service information 

identified in this AD, 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. 

(4) For Kidde Aerospace & Defense service 

information identified in this AD, contact 

Kidde Aerospace & Defense, 4200 Airport 

Drive NW, Building B, Wilson, NC 27896; 

telephone: 319–295–5000; website: 

kiddetechnologies.com/aviation.com. 

(5) 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. 

(6) 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 November 2, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–26382 Filed 11–30–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2023–0933] 

RIN 1625–AA00 

Safety Zone, Upper Mississippi River 

MM 660.5–659.5, Lansing, IA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters in the Upper 

Mississippi River at Mile Marker (MM) 

660.5 through 659.5. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from all 

potential hazards associated with the 

implosion of the Lansing Power Station. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective without 

actual notice from December 1, 2023 

through December 8, 2023. For the 

purposes of enforcement, actual notice 

will be used from November 28, 2023, 

until December 1, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0933 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Nathaniel Dibley, Sector 

Upper Mississippi River Waterways 

Management Division, U.S. Coast 

Guard; telephone 314–269–2560, email 

Nathaniel.D.Dibley@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because a 

temporary safety zone must be 

established immediately to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the use of explosives for the 

implosion of the power plant and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by November 28, 2023. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 


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