[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Proposed Rules]
[Pages 79259-79261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28063]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1654; Project Identifier MCAI-2022-01165-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-600-1A11 (600), CL-600-2A12 
(601), and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. 
This proposed AD was prompted by reports of some passenger oxygen mask 
dispensing units (MDUs) with lanyards that are too long to meet the 
proper length specifications of the airplane. This proposed AD would 
require replacing the affected MDUs with units that meet the proper 
length specifications, replacing the placards, and re-identifying the 
assemblies. 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 February 
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-2022-1654; 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 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">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.

FOR FURTHER INFORMATION CONTACT: Elizabeth M. Dowling, Aerospace 
Engineer, Mechanical Systems and Administrative Services Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-361-8046; 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-2022-1654; Project Identifier 
MCAI-2022-01165-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 
Elizabeth M. Dowling, Aerospace Engineer, Mechanical Systems and 
Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-361-8046; 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, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-50, dated August 25, 2022 (also 
referred to after this as the MCAI), to correct an unsafe condition on 
certain Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), 
and CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The MCAI 
states that lanyards of passenger mask dispensing units installed in 
the affected airplanes are too long to meet the proper length 
specifications of the aircraft. This condition, if not corrected, could 
result in the inability to initiate the flow of oxygen to the mask when 
required in an emergency situation, with no indication to the passenger 
that they are not receiving oxygen.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1654.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information, which 
describes procedures for identifying part numbers of the drop-down 
oxygen boxes, performing drop-down oxygen mask

[[Page 79260]]

reach testing, marking failed seats as inoperative with placards, and 
replacing affected oxygen masks:
     Service Bulletin 600-0777, dated December 13, 2021.
     Service Bulletin 601-1109, Revision 01, dated May 6, 2022.
     Service Bulletin 604-35-007, Revision 01, dated May 6, 
2022.
    These documents are distinct since they apply to different airplane 
models. 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

    These products are 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 described 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 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 301 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $25,585
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    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 these on-condition actions:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170............................................            $100             $270
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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

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-2022-1654; Project Identifier MCAI-
2022-01165-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in 
any category, with serial numbers as identified in the service 
information specified in paragraphs (c)(1) through (4) of this AD.
    (1) Model CL-600-1A11 (600) airplanes: Bombardier Service 
Bulletin 600-0777, dated December 13, 2021.
    (2) Model CL-600-2A12 (601) airplanes: Bombardier Service 
Bulletin 601-1109, Revision 01, dated May 6, 2022.
    (3) Model CL-600-2B16 (601-3A, 601-3R) airplanes: Bombardier 
Service Bulletin 601-1109, Revision 01, dated May 6, 2022.
    (4) Model CL-600-2B16 (604) airplanes: Bombardier Service 
Bulletin 604-35-007, Revision 01, dated May 6, 2022.

[[Page 79261]]

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of passenger oxygen mask 
dispensing units installed in the affected airplanes with lanyards 
that are too long to meet the proper length specifications of the 
airplane. The FAA is issuing this AD to address the inability to 
initiate flow of oxygen to the mask. The unsafe condition, if not 
addressed, could result in no indication to the passenger that they 
are not receiving oxygen in an emergency situation.

(f) Compliance

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

(g) Inspection and Replacement

    Within 5 years after the effective date of this AD, determine 
the part number of the drop-down oxygen box, in accordance with 
Section 2.B. of the Accomplishment Instructions of the applicable 
service information identified in paragraphs (c)(1) through (4) of 
this AD.
    (1) If any drop-down oxygen box part number (P/N) installed on 
the airplane matches any P/N listed in Table 1 of Section 2.B. of 
the applicable service information: Before further flight, perform 
drop-down oxygen mask reach testing in accordance with Section 
2.B.(2) of the Accomplishment Instructions of the applicable service 
information identified in paragraphs (c)(1) through (4) of this AD.
    (i) If the test result is PASS: Before further flight, replace 
the drop-down oxygen box assembly in accordance with Section 2.C., 
and test the passenger oxygen supply system in accordance with 
Section 2.D.(2), of the applicable service information identified in 
paragraphs (c)(1) through (4) of this AD.
    (ii) If the test result is FAIL for any individual seat: Before 
further flight, mark the failed seat as inoperative in accordance 
with Section 2.B.(3) of the applicable service information specified 
in paragraphs (c)(1) through (4) of this AD.
    (2) If the part number of any drop-down oxygen box assembly 
installed on the airplane is not found in Table 1 of Section 2.B. of 
the applicable service information identified in paragraphs (c)(1) 
through (4) of this AD: Before further flight, do actions to correct 
the unsafe condition using a method approved in accordance with the 
procedures specified in paragraph (i)(1) of this AD.

(h) 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 Bombardier Service Bulletin 601-1109, dated 
December 13, 2021; or Bombardier Service Bulletin 604-35-007, dated 
December 13, 2021; as applicable.

(i) Additional 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 New York ACO 
Branch, mail it to ATTN: Program Manager, Continuing Operational 
Safety, at the address identified in paragraph (j)(2) of this AD or 
email to: [email protected]. 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 
accomplished using a method approved by the Manager, New York ACO 
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.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2022-50, dated August 25, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-1654.
    (2) For more information about this AD, contact Elizabeth M. 
Dowling, Aerospace Engineer, Mechanical Systems and Administrative 
Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-361-8046; email [email protected].

(k) 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 600-0777, dated December 13, 
2022.
    (ii) Bombardier Service Bulletin 601-1109, Revision 01, dated 
May 6, 2022.
    (iii) Bombardier Service Bulletin 604-35-007, Revision 01, dated 
May 6, 2022.
    (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 bombardier.com">ac.yul@aero.bombardier.com; website 
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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 20, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-28063 Filed 12-23-22; 8:45 am]
BILLING CODE 4910-13-P