[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Proposed Rules]
[Pages 6082-6086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02141]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0085; Project Identifier MCAI-2021-00498-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 BD-700-1A10 and BD-700-1A11 
airplanes. This proposed AD was prompted by reports of oxygen leaks 
caused by cracked, brittle, or broken oxygen hoses that were found 
during scheduled maintenance tests of the airplane oxygen system. This 
proposed AD would require an inspection of the oxygen hose assembly to 
determine if an affected part number is installed, and replacement of 
affected oxygen hoses. For certain airplanes, this proposed AD would 
allow repetitive testing of the oxygen system until affected hoses are 
replaced. This proposed AD would also prohibit installation of an 
affected oxygen hose. 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 March 21, 
2022.

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 https://www.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.
    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 [email protected]; internet https://www.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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0085; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7300; fax 516-794-5531; 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-2022-0085; Project Identifier 
MCAI-2021-00498-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 
https://www.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 
Elizabeth Dowling, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-
794-5531; 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 Civil Aviation (TCCA), which is the aviation 
authority

[[Page 6083]]

for Canada, has issued TCCA AD CF-2021-17, dated April 28, 2021 (also 
referred to after this as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for certain 
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. You may 
examine the MCAI in the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0085.
    This proposed AD was prompted by reports of oxygen leaks caused by 
cracked, brittle, or broken oxygen hoses that were found during 
scheduled maintenance tests of the airplane oxygen system. The FAA is 
proposing this AD to prevent a leak in the oxygen line, which may 
result in failure to provide oxygen to passengers and crew and result 
in an oxygen-enriched atmosphere creating a fire risk on the airplane. 
See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
     Bombardier Service Bulletin 700-1A11-35-014, Revision 01, 
dated February 12, 2021.
     Bombardier Service Bulletin 700-35-015, Revision 01, dated 
February 12, 2021.
     Bombardier Service Bulletin 700-35-5005, Revision 01, 
dated February 12, 2021.
     Bombardier Service Bulletin 700-35-6005, Revision 01, 
dated February 12, 2021.
     Bombardier Service Bulletin 700-35-6501, Revision 01, 
dated February 12, 2021.
    This service information describes procedures for doing an 
inspection of the oxygen hose assembly installations to determine if a 
part number within the series O2C20T1 is installed, and replacing the 
oxygen hose if necessary. For certain airplanes, the service 
information specifies optional repetitive testing of the oxygen system 
that would allow for delay of the replacement. These documents are 
distinct since they apply to different airplane serial numbers.
    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
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. This proposed AD would 
also prohibit installation of an affected oxygen hose.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 409 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 36 work-hours x $85 per hour = Up              $0   Up to $3,060..............  Up to $1,251,540.
 to $3,060.
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                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
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Up to 25 work-hours x $85 per     Up to $125........  Up to $2,250.
 hour = Up to $2,125.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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.

[[Page 6084]]

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-2022-0085; Project Identifier MCAI-
2021-00498-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 21, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers 
9002 through 9879 inclusive and 9998.

(d) Subject

    Air Transport Association (ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by reports of oxygen leaks caused by 
cracked, brittle or broken oxygen hoses that were found during 
scheduled maintenance tests of the airplane oxygen system. The FAA 
is issuing this AD to address a leak in the oxygen line, which may 
result in failure to provide oxygen to passengers and crew and 
result in an oxygen enriched atmosphere creating a fire risk on the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection and Replacement

    Within 6 months after the effective date of this AD: Do an 
inspection of the oxygen hose assembly to determine if any hose 
having a part number (P/N) in the O2C20T1 series is installed, in 
accordance with the Accomplishment Instructions of the applicable 
service information specified in figure 1 to paragraph (g) of this 
AD. If P/N O2C20T1 series is installed, or if any test fails as 
specified in paragraph (h) of this AD: Before further flight, 
replace all the oxygen hoses, in accordance with the Accomplishment 
Instructions of the applicable service information specified in 
figure 1 to paragraph (g) of this AD.
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[[Page 6085]]

[GRAPHIC] [TIFF OMITTED] TP03FE22.025

(h) Optional Interim Testing for Certain Airplanes

    For airplanes identified in figure 2 of paragraph (h) of this 
AD: The oxygen hose replacement, if required by paragraph (g) of 
this AD, may be delayed if all conditions specified in paragraphs 
(h)(1) through (3) of this AD are met.
    (1) The oxygen system is tested at the applicable times 
specified in paragraph (h)(1)(i) or (ii) of this AD, in accordance 
with the Accomplishment Instructions of the applicable service 
information specified in figure 2 to paragraph (h) of this AD.
    (i) If the Aircraft Completion Center Supplemental Type 
Certificate (STC) for the passenger cabin interior was issued within 
5 years before the effective date of this AD: The oxygen system is 
tested within 6 months after the effective date of this AD, and 
thereafter at intervals not to exceed 30 months.
    (ii) If the Aircraft Completion Center STC for the passenger 
cabin interior was issued 5 years or more before the effective date 
of this AD: The oxygen system is tested within 6 months after the 
effective date of this AD, and thereafter at intervals not to exceed 
15 months.
    (2) All P/N O2C20T1 series hoses are replaced before further 
flight as specified in paragraph (g) of this AD after any hose fails 
any test.

[[Page 6086]]

    (3) Except as specified by paragraph (h)(2) of this AD, all P/N 
O2C20T1 series hoses are replaced within 10 years after issuance of 
the Aircraft Completion Center STC for the passenger cabin interior 
as specified in paragraph (g) of this AD provided that all P/N 
O2C20T1 series hoses in the flight compartment and the third crew 
(left-hand side enclosure) are replaced within 6 months after the 
effective date of this AD.
[GRAPHIC] [TIFF OMITTED] TP03FE22.026

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
oxygen hose assembly having a P/N in the O2C20T1 series on any 
airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the applicable service information specified 
in paragraphs (j)(1) through (5) of this AD.
    (1) Bombardier Service Bulletin 700-1A11-35-014, dated September 
28, 2020.
    (2) Bombardier Service Bulletin 700-35-015, dated September 28, 
2020.
    (3) Bombardier Service Bulletin 700-35-5005, dated September 28, 
2020.
    (4) Bombardier Service Bulletin 700-35-6005, dated September 28, 
2020.
    (5) Bombardier Service Bulletin 700-35-6501, dated September 28, 
2020.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO 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 of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 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, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-17, dated April 28, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0085.
    (2) For more information about this AD, contact Elizabeth 
Dowling, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-
5531; email [email protected].
    (3) For service information identified in this AD, 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 [email protected]; internet 
https://www.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.

    Issued on January 28, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02141 Filed 2-2-22; 8:45 am]
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