Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 253 

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: 

2023–26–04 Rolls-Royce Deutschland Ltd & 

Co KG: Amendment 39–22647; Docket 

No. FAA–2023–1892; Project Identifier 

MCAI–2023–00626–E. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective February 7, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Rolls-Royce 

Deutschland Ltd & Co KG Model Trent 1000– 

AE3, Trent 1000–CE3, Trent 1000–D3, Trent 

1000–G3, Trent 1000–H3, Trent 1000–J3, 

Trent 1000–K3, Trent 1000–L3, Trent 1000– 

M3, Trent 1000–N3, Trent 1000–P3, Trent 

1000–Q3, and Trent 1000–R3 engines. 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7500, Engine Bleed Air System. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that certain intervals for visual inspection of 

the intermediate-pressure stage 8 (IP8) air 

transfer tubes, high-pressure stage 3 (HP3) air 

transfer tubes, and front bearing housing IP8 

air feed tubes need to be reduced. The FAA 

is issuing this AD to prevent failure of the IP8 

and HP3 air transfer tubes and front bearing 

housing IP8 air feed tubes. The unsafe 

condition, if not addressed, could affect the 

engine internal cooling and sealing flows, 

resulting in failure of the IP8 air transfer 

tubes, HP3 air transfer tubes, and front 

bearing housing IP8 air feed tubes, with 

consequent damage to the engine and 

reduced control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified in paragraph (h) of this 

AD: Perform all required actions within the 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2023–0087, dated 

April 26, 2023 (EASA AD 2023–0087). 

(h) Exceptions to EASA AD 2023–0087 

(1) Where EASA AD 2023–0087 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) This AD does not adopt the Remarks 

paragraph of EASA AD 2023–0087. 

(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 AIR–520 Continued 

Operational Safety Branch, send it to the 

attention of the person identified in 

paragraph (j) of this AD and email to: ANEAD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Additional Information 

For more information about this AD, 

contact Sungmo Cho, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: (781) 238–7241; 

email: sungmo.d.cho@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 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 the AD specifies otherwise. 

(i) European Union Aviation Safety Agency 

(EASA) AD 2023–0087, dated April 26, 2023. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49 

221 8999 000; email: ADs@easa.europa.eu; 

website: easa.europa.eu. You may find this 

EASA AD on the EASA website at 

ad.easa.europa.eu. 

(4) You may view this service information 

at FAA, Airworthiness Products Section, 

Operational Safety Branch, 1200 District 

Avenue, Burlington, MA 01803. For 

information on the availability of this 

material at the FAA, call (817) 222–5110. 

(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-locations or email: fr.inspection@

nara.gov. 

Issued on December 21, 2023. 

Caitlin Locke, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28861 Filed 1–2–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2399; Project 

Identifier MCAI–2023–00592–T; Amendment 

39–22644; AD 2023–26–01] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

(Type Certificate Previously Held by 

Yabora ̃ Indu ́ stria Aerona ́utica S.A.; 

Embraer S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Embraer S.A. Model ERJ 190–300 and 

–400 airplanes. This AD was prompted 

by a report that the method for 

calculating level-off altitude by the 

computerized airplane flight manual 

(CAFM), may result in a nonconservative level-off height. This AD 

requires revising the existing airplane 

flight manual (AFM) to incorporate new 

CAFM versions as specified in an 

Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) 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 January 18, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 18, 2024 

The FAA must receive comments on 

this AD by February 20, 2024. 

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 


ddrumheller on DSK120RN23PROD with RULES1
254 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2399; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• For service information identified 

in this final rule, contact National Civil 

Aviation Agency (ANAC), Aeronautical 

Products Certification Branch (GGCP), 

Rua Dr. Orlando Feirabend Filho, 230— 

Centro Empresarial Aquarius—Torre 

B—Andares 14 a 18, Parque Residencial 

Aquarius, CEP 12.246–190—Sa ̃o Jose ́

dos Campos—SP, Brazil; telephone 55 

(12) 3203–6600; email pac@anac.gov.br; 

website anac.gov.br/en/. You may find 

this material on the ANAC website at 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. 

• You may view this referenced 

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–2023–2399. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Bragg, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: 216–316– 

6418; email: joshua.k.bragg@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this final rule. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–2399; Project Identifier 

MCAI–2023–00592–T’’ at the beginning 

of your comments. The most helpful 

comments reference a specific portion of 

the final rule, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this final rule 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Joshua Bragg, Aviation 

Safety Engineer, FAA, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; phone: 216–316–6418; email: 

joshua.k.bragg@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 

ANAC, which is the aviation 

authority for Brazil, has issued ANAC 

AD 2023–04–02, effective April 11, 2023 

(ANAC AD 2023–04–02) (also referred 

to as the MCAI), to correct an unsafe 

condition for all Embraer S.A. Model 

ERJ 190–300 and –400 airplanes. The 

MCAI states that the method to calculate 

level-off altitude by the CAFM may 

result in a non-conservative level-off 

height. In case of an engine failure 

during a takeoff, the airplane may not be 

able to overcome obstacles when the 

airport is limited to obstacle clearance 

in the acceleration segment. Since this 

condition may occur in other airplanes 

and affects flight safety, corrective 

action is required. 

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–2023–2399. 

Related Service Information Under 1 

CFR Part 51 

ANAC AD 2023–04–02 specifies 

procedures for updating Supplement 1 

of the AFM to incorporate CAFM 

version 1.9 or further versions for Model 

ERJ 190–300 airplanes or CAFM version 

1.5 or further versions for Model ERJ 

190–400 airplanes, as approved versions 

in the Limitations block. 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 ADDRESSES. 

FAA’s Determination 

This product has been approved by 

the aviation authority of another 

country and is approved for operation in 

the United States. Pursuant to the FAA’s 

bilateral agreement with this State of 

Design Authority, it has notified the 

FAA of the unsafe condition described 

in the MCAI referenced above. The FAA 

is issuing this AD after determining that 

the unsafe condition described 

previously is likely to exist or develop 

on other products of the same type 

design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in ANAC AD 2023– 

04–02 described previously, except for 

any differences identified as exceptions 

in the regulatory text of this AD. 

Explanation of Required Compliance 

Information 

In the FAA’s ongoing efforts to 

improve the efficiency of the AD 

process, the FAA developed a process to 

use some civil aviation authority (CAA) 

ADs as the primary source of 

information for compliance with 

requirements for corresponding FAA 

ADs. The FAA has been coordinating 

this process with manufacturers and 

CAAs. As a result, ANAC AD 2023–04– 

02 is incorporated by reference in this 

AD. This AD requires compliance with 

ANAC AD 2023–04–02 in its entirety 

through that incorporation, except for 

any differences identified as exceptions 

in the regulatory text of this AD. Service 

information required by ANAC AD 

2023–04–02 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–2399 after this 

AD is published. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without providing notice and 

seeking comment prior to issuance. 

Further, section 553(d) of the APA 

authorizes agencies to make rules 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 255 

effective in less than thirty days, upon 

a finding of good cause. 

In addition, the FAA finds that good 

cause exists pursuant to 5 U.S.C. 553(d) 

for making this amendment effective in 

less than 30 days, for the same reasons 

the FAA found good cause to forgo 

notice and comment. 

There are currently no domestic 

operators of these products. 

Accordingly, notice and opportunity for 

prior public comment are unnecessary, 

pursuant to 5 U.S.C. 553(b)(3)(B). In 

addition, for the foregoing reason(s), the 

FAA finds that good cause exists 

pursuant to 5 U.S.C. 553(d) for making 

this amendment effective in less than 30 

days. 

Regulatory Flexibility Act 

The requirements of the Regulatory 

Flexibility Act (RFA) do not apply when 

an agency finds good cause pursuant to 

5 U.S.C. 553 to adopt a rule without 

prior notice and comment. Because the 

FAA has determined that it has good 

cause to adopt this rule without prior 

notice and comment, RFA analysis is 

not required. 

Costs of Compliance 

Currently, there are no affected U.S.- 

registered airplanes. If an affected 

airplane is imported and placed on the 

U.S. Register in the future, the FAA 

provides the following cost estimates to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED

ACTIONS

Labor cost Parts 

cost 

Cost per 

product 

1 work-hour × $85 per hour = 

$85 ....................................... $0 $85 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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: 

2023–26–01 Embraer S.A. (Type Certificate 

Previously Held by Yabora ̃ Indu ́ stria 

Aerona ́utica S.A.; Embraer S.A.): 

Amendment 39–22644; Docket No. FAA– 

2023–2399; Project Identifier MCAI–2023– 

00592–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 18, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Embraer S.A. (Type 

Certificate previously held by Yabora ̃

Indu ́ stria Aerona ́utica S.A.; Embraer S.A.) 

Model ERJ 190–300 and –400 airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 34, Navigation. 

(e) Reason 

This AD was prompted by a report that the 

method for calculating level-off altitude by 

the computerized airplane flight manual 

(CAFM), for Model ERJ 190–300 and ERJ 

190–400 airplanes, may result in a nonconservative level-off height. The FAA is 

issuing this AD to address the possibility 

that, in the event of an engine failure during 

takeoff, an airplane may not be able to 

overcome obstacles when the airport is 

limited to obstacle clearance in the 

acceleration segment. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD 2023–04–02, 

effective April 11, 2023 (ANAC AD 2023–04– 

02). 

(h) Exceptions to ANAC AD 2023–04–02 

(1) Where ANAC AD 2023–04–02 refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(2) Paragraph (c) of ANAC AD 2023–04–02 

is not adopted by this AD. 

(i) 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, send it to the attention of the person 

identified in paragraph (j)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-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 ANAC; or ANAC’s 

authorized Designee. If approved by the 

ANAC Designee, the approval must include 

the Designee’s authorized signature. 

(j) Additional Information 

(1) Refer to ANAC AD 2023–04–02, 

effective April 11, 2023, for related 

information. This ANAC AD may be found in 

the AD docket at regulations.gov under 

Docket No. FAA–2023–2399. 

(2) For more information about this AD, 

contact Joshua Bragg, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; phone: 216–316– 

6418; email: joshua.k.bragg@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 


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I I 
256 Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations 

(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) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2023–04–02, effective April 11, 

2023. 

(ii) [Reserved] 

(3) For ANAC AD 2023–04–02, contact 

National Civil Aviation Agency (ANAC), 

Aeronautical Products Certification Branch 

(GGCP), Rua Dr. Orlando Feirabend Filho, 

230—Centro Empresarial Aquarius—Torre 

B—Andares 14 a 18, Parque Residencial 

Aquarius, CEP 12.246–190—Sa ̃o Jose ́ dos 

Campos—SP, Brazil; telephone 55 (12) 3203– 

6600; email pac@anac.gov.br; website 

anac.gov.br/en/. You may find this ANAC 

AD on the ANAC website at 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

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

ibr-locations, or email fr.inspection@

nara.gov. 

Issued on December 18, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–28850 Filed 1–2–24; 8:45 am] 

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 

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 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. 

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, 

2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 7, 2023. 

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: 

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 


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