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2023-25-13 BOMBARDIER, INC.: ( c o r r e c t i o n )
Amendment 39-22640; Docket No. FAA-2023-1715; Project Identifier MCAI-2023-00548-T.

TDATA NOTE: As published by the FAA,  the  Effective  Date  was  listed as
            February 7, 2023 but should have been February 7, 2024.  Tdata
            made the correction  on  the  initial  release so no change is
            necessary.

(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 ident-
    ified 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 al-
    ready 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:  9-AVS-AIR-730-AMOC@faa.gov. 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  accom-
    plished using a method approved by the Manager,  International Valida-
    tion 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 re-
    lated 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 Safe-
    ty Engineer, FAA,  1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
    telephone 516-228-7300; email 9-avs-nyaco-cos@faa.gov.

(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 Cote-Vertu Road
    West, Dorval, Quebec H4S 1Y9, Canada;  telephone 514-855-2999;  email:
    ac.yul@aero.bombardier.com; website: bombardier.com.

(4) You may view this service information at the FAA,  Airworthiness Prod-
    ucts 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 Admin-
    istration (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 14, 2023.  Victor Wicklund, Deputy Director, Compliance
& Airworthiness Division, Aircraft Certification Service.

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.
PREAMBLE 

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, 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: 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
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

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

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
$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

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: