[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57902-57904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18169]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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  Federal Register / Vol. 88, No. 163 / Thursday, August 24, 2023 / 
Proposed Rules  

[[Page 57902]]



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 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 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 [email protected].

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 [email protected]. 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.
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    \1\ 14 CFR 25.1439.
---------------------------------------------------------------------------

    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.

[[Page 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
----------------------------------------------------------------------------------------------------------------
                                                                                    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

    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

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:

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

[[Page 57904]]

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: [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.
    (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 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 [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.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