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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]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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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 Cote
Vertu Road West, Dorval, Quebec 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 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 9-avs-nyaco-cos@faa.gov.
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
9-avs-nyaco-cos@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
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.
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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.
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
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| 0.5 work-hour x $85 per hour
= $43 |
$0
|
$43
|
$5,977
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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
|
Labor cost
|
Parts cost
|
Cost per
product
|
| 2 work-hours x $85 per hour =
$170 |
$2,157
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$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
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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