[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Rules and Regulations]
[Pages 42312-42315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15190]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0470; Project Identifier MCAI-2021-01002-T; 
Amendment 39-22112; AD 2022-14-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This AD 
was prompted by reports that some oxygen box assemblies had their 
piston ejected during the mask deployment test. This AD requires a one-
time inspection of each passenger oxygen box dual manifold assembly to 
find and replace affected parts. This AD also prohibits installing 
affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 19, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 19, 
2022.

ADDRESSES: 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 [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. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0470.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0470; 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 
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.

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; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-30, dated September 7, 
2021 (TCCA AD CF-2021-30) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for all 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-2022-0470.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Bombardier, Inc., 
Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the 
Federal Register on April 26, 2022 (87 FR 24476). The NPRM was prompted 
by reports that some oxygen box assemblies had their piston ejected 
during the mask deployment test. The NPRM proposed to require a one-
time inspection of each passenger oxygen box dual manifold assembly to 
find and replace affected parts. The NPRM also proposed to prohibit 
installing affected parts. The FAA is issuing this AD to address a 
possible in-service piston ejection when used for emergency descent, 
smoke, or fire that may result in a high rate of oxygen leakage, which 
could prematurely deplete the oxygen for all passengers. See the MCAI 
for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued the following service information.
     Service Bulletin 700-35-5004, Revision 02, dated August 
27, 2021.
     Service Bulletin 700-35-5502, dated August 27, 2021.
     Service Bulletin 700-35-6004, Revision 05, dated August 
27, 2021.
     Service Bulletin 700-35-6502, dated August 27, 2021.
    This service information describes procedures for inspecting each 
passenger oxygen box dual manifold assembly to find affected parts, and 
replacing affected parts. These documents are distinct because they

[[Page 42313]]

apply to different airplane configurations.
    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 308 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $26,180
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions 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
------------------------------------------------------------------------
Up to 34 work-hours x $85 per hour =        Up to $1,700    Up to $4,590
 $2,890.................................
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this 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

    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

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:

2022-14-07 Bombardier, Inc.: Amendment 39-22112; Docket No. FAA-
2022-0470; Project Identifier MCAI-2021-01002-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 19, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-700-1A10 and 
BD-700-1A11 airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that some passenger oxygen box 
dual manifold had their piston ejected during the mask deployment 
test due to a non-conformity in manufacturing. The FAA is issuing 
this AD to address a possible in-service piston ejection when used 
for emergency descent, smoke, or fire that may result in a high rate 
of oxygen leakage, which could prematurely deplete the oxygen for 
all passengers.

(f) Compliance

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

(g) Definition

    An affected part is a passenger oxygen box assembly having a 
dual manifold assembly having part number 100-009-39 and a lot and 
serial number specified in figure 1 to paragraph (g) of this AD.

[[Page 42314]]

[GRAPHIC] [TIFF OMITTED] TR15JY22.014

(h) Required Actions

    Within the applicable compliance time specified in paragraph 
(h)(1) or (2) of this AD: Inspect each passenger oxygen box dual 
manifold assembly to determine if it is an affected part, as defined 
in paragraph (g) of this AD, and replace any affected part in 
accordance with paragraph 2.B. of the Accomplishment Instructions of 
the applicable Bombardier service bulletin specified in figure 2 to 
paragraph (h) of this AD. Replace any affected part before further 
flight.
    (1) For airplanes having serial numbers 9771, 9779, 9784, 9788 
through 9824 inclusive, 9853 through 9857 inclusive, and 9859 
through 9876 inclusive, within 4 months after the effective date of 
this AD.
    (2) For airplane having serial numbers 9877 through 9879 
inclusive, and 60001 through 60042 inclusive, within 30 months after 
the effective date of this AD.
[GRAPHIC] [TIFF OMITTED] TR15JY22.015

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part as defined in paragraph (g) of this AD, on any 
airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using the service information specified in 
paragraphs (j)(1) through (7) of this AD, as applicable.
    (1) Bombardier Service Bulletin 700-35-5004, dated December 10, 
2018.
    (2) Bombardier Service Bulletin 700-35-5004, Revision 01, dated 
November 29, 2019.
    (3) Bombardier Service Bulletin 700-35-6004, dated December 10, 
2018.
    (4) Bombardier Service Bulletin 700-35-6004, Revision 01, dated 
January 16, 2019.
    (5) Bombardier Service Bulletin 700-35-6004, Revision 02, dated 
April 5, 2019.
    (6) Bombardier Service Bulletin 700-35-6004, Revision 03, dated 
May 31, 2019.
    (7) Bombardier Service Bulletin 700-35-6004, Revision 04, dated 
November 29, 2019.

(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

[[Page 42315]]

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. 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-2021-30, dated September 7, 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-2022-0470.
    (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; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(4) and (5) of this AD.

(m) 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 700-35-5004, Revision 02, dated 
August 27, 2021.
    (ii) Bombardier Service Bulletin 700-35-5502, dated August 27, 
2021.
    (iii) Bombardier Service Bulletin 700-35-6004, Revision 05, 
dated August 27, 2021.
    (iv) Bombardier Service Bulletin 700-35-6502, dated August 27, 
2021.
    (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.
    (4) 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.
    (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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-15190 Filed 7-14-22; 8:45 am]
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