[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 256-258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 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.

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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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#86e7e5a8fff3eac6e7e3f4e9a8bae7a6eef4e3e0bb" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; website: 
bombardier.com.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#a59c88c4d3d688cbdcc4c6ca88c6cad6e5c3c4c48bc2cad3"><span class="__cf_email__" data-cfemail="96afbbf7e0e5bbf8eff7f5f9bbf5f9e5d6f0f7f7b8f1f9e0">[email protected]</span></a>.

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

[[Page 257]]

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

    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, 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 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.

[[Page 258]]

(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: <a href="/cdn-cgi/l/email-protection#f8c1d5b9aeabd5b9b1aad5cfcbc8d5b9b5b7bbb89e9999d69f978e"><span class="__cf_email__" data-cfemail="6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118">[email protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#a69f8bc7d0d58bc8dfc7c5c98bc5c9d5e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="c3faeea2b5b0eeadbaa2a0aceea0acb083a5a2a2eda4acb5">[email protected]</span></a>.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 604-35-008, Revision 02, dated 
January 13, 2023.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact 
Bombardier, Inc., Business Aircraft Customer Response Center, 400 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email: <a href="/cdn-cgi/l/email-protection#9dfcfeb3e4e8f1ddfcf8eff2b3a1fcbdf5eff8fba0" http: bombardier.com">bombardier.com</a>">ac.yul@aero.bombardier.com</a>; 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-locations or email <a href="/cdn-cgi/l/email-protection#b1d7c39fd8dfc2c1d4d2c5d8dedff1dfd0c3d09fd6dec7"><span class="__cf_email__" data-cfemail="ddbbaff3b4b3aeadb8bea9b4b2b39db3bcafbcf3bab2ab">[email protected]</span></a>.

    Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28849 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P


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