[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22355-22357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07738]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Rules 
and Regulations  

[[Page 22355]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1572; Project Identifier MCAI-2022-00350-T; 
Amendment 39-22388; AD 2023-06-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Bombardier, Inc., Model CL-600-1A11 (600), CL-600-2A12 (601), and CL-
600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. This AD was 
prompted by a determination that, due to a lack of flightcrew 
awareness, smoke hoods with a certain part number installed throughout 
the airplane could be mistaken for protective breathing equipment 
(PBE). This AD requires an inspection or records review to determine if 
any smoke hood with a certain part number is installed in any location 
on the airplane and, depending on the results, removing the smoke hood 
and associated placards and installing new placards. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective May 18, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 18, 2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1572; 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, the mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
     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 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 Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2022-1572.

FOR FURTHER INFORMATION CONTACT: Chirayu Gupta, 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

    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 CL-600-1A11 (600), CL-600-2A12 (601), and CL-600-2B16 (601-3A, 
601-3R, and 604 Variants) airplanes. The NPRM published in the Federal 
Register on December 6, 2022 (87 FR 74535). The NPRM was prompted by AD 
CF-2022-10, dated March 10, 2022, (referred to after this as the MCAI) 
issued by Transport Canada, which is the aviation authority for Canada. 
The MCAI states that Bombardier, Inc., determined that, due to a lack 
of flightcrew awareness, smoke hoods with a certain part number 
installed throughout the airplane could be mistaken for PBE. The MCAI 
requires that operators verify if a smoke hood with a certain part 
number is installed in any location on the airplane and, depending on 
the results, removing the smoke hood and associated placards and 
installing new placards. The MCAI states that in a fire or smoke event 
the flightcrew might initially attempt to use the smoke hood believing 
it to be PBE, which could result in a delay in identifying the source 
of the smoke or fire.
    In the NPRM, the FAA proposed to require an inspection or records 
review to determine if any smoke hood with a certain part number is 
installed in any location on the airplane and, depending on the 
results, removing the smoke hood and associated placards and installing 
new placards. The FAA is issuing this AD to address the unsafe 
condition on these products. You may examine the MCAI in the AD docket 
at regulations.gov under Docket No. FAA-2022-1572.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from one commenter, Boeing Executive 
Flight Operations. The following presents the comment received on the 
NPRM and the FAA's response to the comment.

Request To Update the Service Information to the Latest Revision

    Boeing Executive Flight Operations requested that the FAA include 
Bombardier Service Bulletin 650-25-016, Revision 01, dated June 07, 
2022, for Model CL-600-2B16 (604 Variants) Serial Number 6050 to 6099. 
The FAA infers that the commenter is requesting that the proposed AD be 
revised to refer to Bombardier Service Bulletin 650-25-016, Revision 
01, dated June 07, 2022 (the proposed AD refers to Bombardier Service 
Bulletin 650-25-016, dated September 22, 2021, as the appropriate 
source of service information).
    The FAA agrees to update this final rule to reference Bombardier 
Service Bulletin 650-25-016, Revision 01, dated June 07, 2022, which 
adds minor changes that do not affect the substantive requirements 
proposed in the NPRM. The FAA has revised paragraph (h)(5) of this AD 
to specify that required actions be done in accordance with Bombardier 
Service Bulletin 650-25-016, Revision 01, dated June 07, 2022; or 
Bombardier Service Bulletin 650-25-016, dated September 22, 2021.

[[Page 22356]]

Conclusion

    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 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. Except for minor editorial 
changes, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier, Inc. service 
information, which specifies procedures for verifying (via inspection 
or records review) if any smoke hood having part number MR-10008N is 
installed in the flight deck, forward wardrobe or any location on the 
airplane, removing any affected smoke hood and associated placards, and 
installing new placards. These documents are distinct since they apply 
to different airplane models and configurations.
     Bombardier Service Bulletin 600-0778, dated September 22, 
2021.
     Bombardier Service Bulletin 601-1110, dated September 22, 
2021.
     Bombardier Service Bulletin 604-25-004, dated September 
22, 2021.
     Bombardier Service Bulletin 605-25-014, dated September 
22, 2021.
     Bombardier Service Bulletin 650-25-016, dated September 
22, 2021.
     Bombardier Service Bulletin 650-25-016, Revision 01, dated 
June 07, 2022.
    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 698 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-hours x $85 per hour = $85............................              $0              $85          $59,330
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $9              $94
------------------------------------------------------------------------

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:

2023-06-02 Inc: Amendment 39-22388; Docket No. FAA-2022-1572; 
Project Identifier MCAI-2022-00350-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 18, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., airplanes, certificated 
in any category, as identified in paragraphs (c)(1) through (3) of 
this AD.

[[Page 22357]]

    (1) Model CL-600-1A11 (600) airplanes.
    (2) Model CL-600-2A12 (601) airplanes.
    (3) Model CL-600-2B16 (601-3A, 601-3R, and 604 Variants) 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code: 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a determination that, due to a lack of 
flightcrew awareness, smoke hoods with a certain part number 
installed throughout the airplane could be mistaken for protective 
breathing equipment (PBE). The FAA is issuing this AD to address, in 
a fire or smoke event, that the flightcrew might initially attempt 
to use the smoke hood believing it to be PBE. The unsafe condition, 
if not addressed, could result in a delay in identifying the source 
of the smoke or fire.

(f) Compliance

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

(g) Inspection

    Within 12 months after the effective date of this AD: Do an 
inspection to determine if any smoke hood having part number (P/N) 
MR-10008N is installed in the flight deck, forward wardrobe, or any 
other location in the airplane. A review of airplane maintenance 
records is acceptable in lieu of this inspection if the part number 
of the smoke hood can be conclusively determined from that review.

(h) Corrective Action

    If, during the inspection or records review required by 
paragraph (g) of this AD, any smoke hood having P/N MR-10008N is 
found on the airplane, within 12 months after the effective date of 
this AD, remove the smoke hood, including any associated placards, 
and install a new placard, in accordance with Section 2.B. of the 
Accomplishment Instructions of the applicable Bombardier service 
bulletin specified in paragraphs (h)(1) through (5) of this AD; or 
the method specified in paragraph (h)(6) of this AD; as applicable.
    (1) For Model CL-600-1A11 (600) airplanes: Bombardier Service 
Bulletin 600-0778, dated September 22, 2021.
    (2) For Model CL-600-2A12 (601) airplanes: Bombardier Service 
Bulletin 601-1110, dated September 22, 2021.
    (3) For Model CL-600-2B16 airplanes (604 variant) with serial 
numbers 5301 through 5644 inclusive: Bombardier Service Bulletin 
604-25-004, dated September 22, 2021.
    (4) For Model CL-600-2B16 (604 variant) airplanes with serial 
numbers 5701 through 5988 inclusive: Bombardier Service Bulletin 
605-25-014, dated September 22, 2021.
    (5) For Model CL-600-2B16 airplanes (604 variant) with serial 
numbers 6050 through 6099 inclusive: Bombardier Service Bulletin 
650-25-016, dated September 22, 2021; or Bombardier Service Bulletin 
650-25-016, Revision 01, dated June 07, 2022.
    (6) For Model CL-600-2B16 (601-3A and 601-3R Variants) 
airplanes: 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.

(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-2022-10, dated March 10, 
2022, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2022-1572.
    (2) For more information about this AD, contact Chirayu Gupta, 
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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 600-0778, dated September 22, 
2021.
    (ii) Bombardier Service Bulletin 601-1110, dated September 22, 
2021.
    (iii) Bombardier Service Bulletin 604-25-004, dated September 
22, 2021.
    (iv) Bombardier Service Bulletin 605-25-014, dated September 22, 
2021.
    (v) Bombardier Service Bulletin 650-25-016, dated September 22, 
2021.
    (vi) Bombardier Service Bulletin 650-25-016, Revision 01, dated 
June 07, 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 Street, 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 March 14, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07738 Filed 4-12-23; 8:45 am]
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