[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3339-3342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: R1-2023-28849]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1715; Project Identifier MCAI-2023-00548-T;
Amendment 39-22640; AD 2023-25-13]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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Editorial Note: Rule document 2023-28849 originally published on
pages 256-258 in the issue of Wednesday, January 3, 2024. In that
publication, on page 256, in the second column, in the DATES
section, on the first, second, and sixth lines, and on page 257, in
the third column, in paragraph ``(a) Effective Date,'' on the second
line, ``February 7, 2023'' should read ``February 7, 2024''. The
rule is republished here corrected and in its entirety.
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes.
This AD was prompted by a report that some airplanes were delivered
without a portable protective breathing equipment (PBE) device located
in the left-side forward wardrobe, flight deck, or passenger cabin area
of the airplane.
[[Page 3340]]
This AD requires visually inspecting the forward left side cabin area
of the airplane to determine if the portable PBE device is installed
and, if not installed, requires installing the portable PBE device
along with the associated placard. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective February 7, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 7,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1715; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
contact Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514 855 2999; email: bombardier.com">ac.yul@aero.bombardier.com; website:
bombardier.com.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call 206-231-3195. It is also available at
regulations.gov under Docket No. FAA-2023-1715.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Bombardier,
Inc., Model CL-600-2B16 (604 Variant) airplanes. The NPRM published in
the Federal Register on August 24, 2023 (88 FR 57902). The NPRM was
prompted by AD CF-2023-21, dated March 30, 2023, issued by Transport
Canada, which is the aviation authority for Canada, (referred to after
this as the MCAI). The MCAI states that some airplanes were delivered
without a portable PBE device located in the left-side forward
wardrobe, or cockpit, or passenger cabin area of the airplane. The
portable PBE device is required to meet the certification standards of
Transport Canada and the FAA and provides protection for crew members
when investigating or combatting a fire in the cabin. In the NPRM, the
FAA proposed to require visually inspecting the forward left side cabin
area of the airplane to determine if the portable PBE device is
installed and, if not installed, would require installing the portable
PBE device along with the associated placard. The FAA is issuing this
AD to address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1715.
Discussion of Final Airworthiness Directive
Comments
The following presents the comments received on the NPRM and the
FAA's response to each comment.
Request To Add PBE Device Locations
Bombardier requested that the proposed AD be revised to clarify the
locations of the portable PBE devices. Bombardier stated that these
locations were specified in Transport Canada AD CF-2023-21 and
Bombardier Service Bulletin 604-35-008, Revision 02, dated January 13,
2023.
The FAA agrees to add the specified locations and has revised the
relevant sections in this AD accordingly.
Request To Clarify Required Service Bulletin Paragraphs
Bombardier requested that paragraph (g) of the proposed AD be
revised to change the paragraph reference for verifying installation of
the PBE device and placard from ``Section 2.B.'' of the service
information to ``Section 2.B.1.''
The FAA agrees to change the paragraph reference as requested and
has revised paragraph (g) of this AD accordingly. Likewise, where
paragraph (g) of the proposed AD specified installing those parts in
accordance with ``section 2.B.'' of the service information, this has
been changed to ``paragraph 2.B.(2)'' in this AD.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Bombardier Service Bulletin 604-35-008, Revision
02, dated January 13, 2023. This service information specifies
procedures for performing a general visual inspection of the left-side
forward wardrobe, or flight deck, or passenger cabin area of the
airplane for a portable PBE device and, if missing, installing a
portable PBE device and its associated placard. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 139 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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0.5 work-hour x $85 per hour = $43........................... $0 $43 $5,977
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[[Page 3341]]
The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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2 work-hours x $85 per hour = $170.... $2,157 $2,327
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2023-25-13 Bombardier, Inc.: Amendment 39-22640; Docket No. FAA-
2023-1715; Project Identifier MCAI-2023-00548-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 7, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc., Model CL-600-2B16 (604
Variant) airplanes, certificated in any category, with serial
numbers as identified in the Bombardier Service Bulletin 604-35-008,
Revision 02, dated January 13, 2023.
(d) Subject
Air Transport Association (ATA) of America Code: 35, Oxygen.
(e) Unsafe Condition
This AD was prompted by a report that some airplanes were
delivered without a portable protective breathing equipment (PBE)
device located in the left-side forward wardrobe, flight deck, or
passenger cabin area of the airplane. The FAA is issuing this AD to
address a missing portable PBE device. The unsafe condition, if not
addressed, could result in inadequate protection for crew members
when investigating or combatting a fire in the cabin.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Visual Inspection for Portable PBE
Within 12 months from the effective date of this AD, do a
general visual inspection of the left-side forward wardrobe, flight
deck, or passenger cabin area of the airplane and verify if a
portable PBE device, marked with Technical Standard Order (TSO) C116
or C116a, is installed and placarded, in accordance with paragraph
2.B.(1) of the Accomplishment Instructions of Bombardier Service
Bulletin 604-35-008, Revision 02, dated January 13, 2023. If the PBE
device is missing, before further flight, install a portable PBE
device marked with TSO C116 or TSO C116a and its associated placard,
in accordance with paragraph 2.B.(2) of the Accomplishment
Instructions of Bombardier Service Bulletin 604-35-008, Revision 02,
dated January 13, 2023.
(h) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager,
International Validation Branch, mail it to the address identified
in paragraph (i)(2) of this AD or email to: [email protected]. If mailing information, also submit information by
email. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or Transport Canada or Bombardier, Inc.'s
Transport Canada Design Approval Organization (DAO). If approved by
the DAO, the approval must include the DAO-authorized signature.
(i) Additional Information
(1) Refer to Transport Canada AD CF-2023-21, dated March 30,
2023, for related information. This Transport Canada AD may be found
in the AD docket at regulations.gov under Docket No. FAA-2023-1715.
(2) For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7300; email [email protected].
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
[[Page 3342]]
(i) Bombardier Service Bulletin 604-35-008, Revision 02, dated
January 13, 2023.
(ii) [Reserved]
(3) For service information identified in this AD, contact
Bombardier, Inc., Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone 514-855-2999; email: bombardier.com">ac.yul@aero.bombardier.com; website:
bombardier.com.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/[email protected]">www.archives.gov/federal-register/cfr/[email protected].
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. R1-2023-28849 Filed 1-17-24; 8:45 am]
BILLING CODE 0099-10-D