AD 2024-02-51

3337 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations to the airplane control domain, and airline information services domain. The airplanes’ control domain and airline information-services domain perform functions required for the safe operation and maintenance of the airplane. Previously, these domains had very limited connectivity with external network sources. This data network and design integration creates a potential for unauthorized persons to access the airplanes’ control domain and airline information-services domain and presents security vulnerabilities related to the introduction of computer viruses and worms, user errors, and intentional sabotage of airplane electronic assets (networks, systems, and databases) critical to the safety and maintenance of the airplane. The existing FAA regulations did not anticipate these networked airplane- system architectures. Furthermore, these regulations and the current guidance material do not address potential security vulnerabilities, which could be exploited by unauthorized access to airplane networks, data buses, and servers. Therefore, these special conditions ensure that the security ( i.e., confidentiality, integrity, and availability) of the airplane’s systems is not compromised by unauthorized wired or wireless electronic connections. This includes ensuring that the security of the airplane’s systems is not compromised during maintenance of the airplane’s electronic systems. These special conditions also require the applicant to provide appropriate instructions to the operator to maintain all electronic-system safeguards that have been implemented as part of the original network design so that this feature does not allow or introduce security threats. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards. Applicability As discussed above, these special conditions are applicable to the Gulfstream Model GVIII–G700 and GVIII–G800 series airplanes. Should Gulfstream apply at a later date for a change to the type certificate to include another model that incorporates the same novel or unusual design feature, or should any other model already included on the same type certificate be modified to incorporate the same novel or unusual design feature, these special conditions would apply to that model as well. Conclusion This action affects only a certain novel or unusual design feature on the Gulfstream Model GVIII–G700 and GVIII–G800 series of airplanes. It is not a rule of general applicability. List of Subjects in 14 CFR Part 25 Aircraft, Aviation safety, Reporting and recordkeeping requirements. Authority Citation The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Gulfstream Model GVIII–G700 and GVIII–G800 series airplanes for airplane electronic unauthorized external access. 1. The applicant must ensure that the airplane electronic systems are protected from access by unauthorized sources external to the airplane, including those possibly caused by maintenance activity. 2. The applicant must ensure that airplane electronic system-security threats are identified and assessed, and that effective electronic system-security protection strategies are implemented to protect the airplane from all adverse impacts on safety, functionality, and continued airworthiness. 3. The applicant must establish appropriate procedures to allow the operator to ensure that continued airworthiness of the airplane is maintained, including all post-type- certification modifications that may have an impact on the approved electronic system-security safeguards. Issued in Kansas City, Missouri, on January 11, 2024. Patrick R. Mullen, Manager, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2024–00841 Filed 1–17–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0032; Project Identifier AD–2024–00021–T; Amendment 39–22663; AD 2024–02–51] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule; request for comments. SUMMARY : The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737–9 airplanes. This AD was prompted by a report of an in-flight departure of a mid cabin door plug, which resulted in a rapid decompression of the airplane. This AD prohibits further flight of affected airplanes, until the airplane is inspected and all applicable corrective actions have been performed. The FAA previously sent an emergency AD to all known U.S. owners and operators of these airplanes. The FAA is issuing this AD to address the unsafe condition on these products. DATES : This AD is effective on January 18, 2024. Emergency AD 2024–02–51, issued on January 6, 2024, which contained the requirements of this amendment, was effective with actual notice. The FAA must receive comments on this AD by March 4, 2024. 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 by searching for and locating Docket No. FAA–2024– 0032; 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, any comments received, and other information. The street address for Docket Operations is listed above. VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\18JAR1.SGM 18JAR1 khammond on DSKJM1Z7X2PROD with RULES

3338 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations FOR FURTHER INFORMATION CONTACT : Michael Linegang, Manager, Operational Safety Branch, FAA; phone: 817–222– 5390; email: OperationalSafety@faa.gov . SUPPLEMENTARY INFORMATION : Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES . Include ‘‘Docket No. FAA– 2024–0032; Project Identifier AD–2024– 00021–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 this final rule 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 final rule. 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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Michael Linegang, Manager, Operational Safety Branch, FAA; phone: 817–222–5390; email: OperationalSafety@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued Emergency AD 2024– 02–51, dated January 6, 2024 (Emergency AD 2024–02–51), to address an unsafe condition on certain The Boeing Company Model 737–9 airplanes. The FAA sent the emergency AD to all known U.S. owners and operators of these airplanes. Emergency AD 2024–02–51 prohibits further flight until the airplane is inspected and all applicable corrective actions have been performed. Emergency AD 2024–02–51 was prompted by a report of an in-flight departure of a mid cabin door plug, which resulted in a rapid decompression of the airplane. The FAA is issuing this AD to address the potential in-flight loss of a mid cabin door plug. This condition, if not addressed, could result in injury to passengers and crew, the door impacting the airplane, and/or loss of control of the airplane. FAA’s Determination The FAA is issuing this AD because the agency has determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. AD Requirements This AD prohibits further flight of affected airplanes, until the airplane is inspected and all applicable corrective actions have been performed using a method approved by the Manager, AIR– 520, Continued Operational Safety Branch, FAA. Interim Action The FAA considers this AD to be an interim action. If final action is later identified, the FAA might consider further rulemaking then. FAA’s Justification and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq. ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that required the immediate adoption of Emergency AD 2024–02–51 issued on January 6, 2024, to all known U.S. owners and operators of these airplanes. The FAA found that the risk to the flying public justified waiving notice and comment prior to adoption of this rule because the in-flight loss of a mid cabin door plug could result in injury to passengers and crew, the door impacting the airplane, and/or loss of control of the airplane. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to 14 CFR 39.13 to make it effective to all persons. Given the significance of the risk presented by this unsafe condition, it must be immediately addressed. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 144 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: E STIMATED C OSTS Action Labor cost Parts cost Cost per product Cost on U.S. operators Inspection ....... Up to 8 work-hours × $85 per hour = Up to $680 .. $0 Up to $680 ........................ Up to $12,240. VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\18JAR1.SGM 18JAR1 khammond on DSKJM1Z7X2PROD with RULES

3339 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations The FAA has received no definitive data on which to base the cost estimates for the corrective actions specified in this AD. 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, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of 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. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2024–02–51 The Boeing Company: Amendment 39–22663; Docket No. FAA–2024–0032; Project Identifier AD– 2024–00021–T. (a) Effective Date The FAA issued Emergency Airworthiness Directive (AD) 2024–02–51 on January 6, 2024, directly to affected owners and operators. As a result of such actual notice, the emergency AD was effective for those owners and operators on the date it was provided. This AD contains the same requirements as that emergency AD and, for those who did not receive actual notice, is effective on January 18, 2024. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 737–9 airplanes, certificated in any category, with a mid cabin door plug installed. (d) Subject Air Transport Association (ATA) of America Code 52, Doors. (e) Unsafe Condition This AD was prompted by a report of an in-flight departure of a mid cabin door plug, which resulted in a rapid decompression of the airplane. The FAA is issuing this AD to address the potential in-flight loss of a mid cabin door plug, which could result in injury to passengers and crew, the door impacting the airplane, and/or loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection or Other Action As of the effective date of this AD, further flight is prohibited until the airplane is inspected and all applicable corrective actions have been performed using a method approved by the Manager, AIR–520, Continued Operational Safety Branch, FAA. (h) Special Flight Permits Special flight permits, as described in 14 CFR 21.197 and 21.199, are allowed only for unpressurized flights. (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, AIR–520, Continued Operational Safety 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 9-ANM- Seattle-ACO-AMOC-Requests@faa.gov . (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information For further information about this AD, contact Michael Linegang, Manager, Operational Safety Branch, FAA; phone: 817–222–5390; email: OperationalSafety@ faa.gov . (k) Material Incorporated by Reference None. Issued on January 12, 2024. Caitlin Locke, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–00993 Filed 1–16–24; 2:00 pm] BILLING CODE 4910–13–P 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. 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. VerDate Sep<11>2014 16:09 Jan 17, 2024 Jkt 262001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\18JAR1.SGM 18JAR1 khammond on DSKJM1Z7X2PROD with RULES