[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5819-5822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01673]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0025; Project Identifier MCAI-2022-00804-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-600-2B16 (604 Variant) 
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 replacing oxygen system hoses having any part 
number in the O2C20T1 and O2C20T14 series. This AD also would prohibit 
installation of affected oxygen hoses. 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 16, 
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-2023-0025; 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

[[Page 5820]]

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 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-2023-0025; Project Identifier 
MCAI-2022-00804-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 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, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-34, dated June 20, 2022 (Transport 
Canada AD CF-2022-34) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Bombardier, Inc., Model CL-600-
2B16 (604 Variant) airplanes. The MCAI states oxygen leaks were caused 
by cracked, brittle, or broken oxygen hoses that were found during 
scheduled maintenance tests of the airplane oxygen system. A leak in 
the oxygen system 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0025.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 605-35-006, Revision 
01, dated January 28, 2022. This service information specifies 
procedures for replacing oxygen system hoses having any part number in 
the O2C20T1 and O2C20T14 series.
    The FAA also reviewed Bombardier Service Bulletin 650-35-002, 
Revision 01, dated January 28, 2022. This service information specifies 
procedures for replacing oxygen system hoses having any part number in 
the O2C20T1 series. The service information also specifies optional 
mitigating actions for certain airplanes (repetitive testing until 
affected parts are replaced).
    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 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 require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also prohibit installation of affected oxygen hoses.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 42 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $100             $355          $14,910
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[[Page 5821]]


                                      Estimated Costs for Optional Actions
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                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85..............................................             $85              $85
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
optional mitigating 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
------------------------------------------------------------------------
3 work-hours x $85 per hour = $255....            $100             $355
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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.

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-2023-0025; Project Identifier MCAI-
2022-00804-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 16, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (604 
Variant) airplanes, certificated in any category, serial numbers 
5701 through 5990 inclusive, and 6050 through 6162 inclusive, with 
an interior modified in accordance with Supplemental Type 
Certificate (STC) ST02355NY.

(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 system. The 
unsafe condition, if not addressed, could 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) Replacement

    At the applicable compliance times specified in paragraphs 
(g)(1) and (2) of this AD: Replace oxygen system hoses having any 
part number in the O2C20T1 series, and, as applicable, the O2C20T14 
series, in accordance with the Accomplishment Instructions of the 
applicable service information specified in figure 1 to paragraph 
(g) of this AD.
    (1) For airplanes having, as of the effective date of this AD, 6 
years or less from the completion of the interior modification 
specified in STC ST02355NY: Within 31 months after the effective 
date of this AD, or no later than 12 months after the completion of 
the interior modification specified in STC ST02355NY, whichever 
occurs first.
    (2) For airplanes having, as of the effective date of this AD, 
more than 6 years from the completion of the interior modification 
specified in STC T02355NY: Within 7 months after the effective date 
of this AD.

[[Page 5822]]

[GRAPHIC] [TIFF OMITTED] TP30JA23.000

(h) Optional Mitigation for Certain Airplanes

    For airplanes identified Bombardier Service Bulletin 650-35-002, 
Revision 01, dated January 28, 2022, having, as of the effective 
date of this AD, less than 6 years from the completion of the 
interior modification specified in STC ST02355NY: In lieu of 
accomplishing the oxygen system hose replacement required by 
paragraph (g) of this AD, comply with all conditions specified in 
paragraphs (h)(1) through (3) of this AD.
    (1) The passenger oxygen system is tested within 6 months after 
the effective date of this AD, and thereafter at intervals not to 
exceed 36 months, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 650-35-002, Revision 01, dated 
January 28, 2022.
    (2) If, during a test specified in paragraph (h)(2) of this AD, 
any leak is found on any hose, all oxygen system hoses having a part 
number in the O2C20T1 series must be replaced before further flight 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 650-35-002, Revision 01, dated January 28, 2022. 
Doing this replacement terminates the tests specified in paragraph 
(h)(1) of this AD.
    (3) Except as specified by paragraph (h)(2) of this AD, all 
oxygen system hoses having a part number in the O2C20T1 series must 
be replaced within 6 years from the completion of the interior 
modification specified in STC ST02355NY. Doing this replacement 
terminates the tests specified in paragraph (h)(1) of this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
oxygen system hose having a part number in the O2C20T1 and O2C20T14 
series on any airplane.

(j) Credit for Previous Actions

    (1) 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 605-35-
006, dated August 23, 2021; or Bombardier Service Bulletin 650-35-
002, dated August 23, 2021; as applicable.
    (2) This paragraph provides credit for actions specified in 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 650-35-
002, dated August 23, 2021.

(k) 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 (k)(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.

(l) Additional Information

    (1) Refer to Transport Canada AD CF-2022-34, dated June 20, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-0025.
    (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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (4) 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 605-35-006, Revision 01, dated 
January 28, 2022.
    (ii) Bombardier Service Bulletin 650-35-002, Revision 01, dated 
January 28, 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 January 24, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-01673 Filed 1-27-23; 8:45 am]
BILLING CODE 4910-13-P