[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22362-22364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07741]


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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; 
Amendment 39-22390; AD 2023-06-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting 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 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 AD requires replacing the affected 
MDUs with units that meet the proper length specifications, replacing 
the placards, and re-identifying the assemblies. 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-2022-1654; 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 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 St., 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-2022-1654.

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 516-228-7300; 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 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 NPRM published in the 
Federal Register on December 27, 2022 (87 FR 79259). The NPRM was 
prompted by AD CF-2022-50, dated August 25, 2022, issued by Transport 
Canada, which is the aviation authority for Canada (referred to after 
this as the MCAI). 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.
    In the NPRM, the FAA proposed to require replacing the affected 
MDUs with units that meet the proper length specifications, replacing 
the placards, and re-identifying the assemblies. 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-2022-1654.

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

    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

[[Page 22363]]

reviewed the relevant data 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, 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 following Bombardier service information, which 
specifies procedures for identifying part numbers of the drop-down 
oxygen boxes, performing drop-down oxygen mask 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.

Costs of Compliance

    The FAA estimates that this AD affects 301 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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

    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:

2023-06-04 Bombardier, Inc.: Amendment 39-22390; Docket No. FAA-
2022-1654; Project Identifier MCAI-2022-01165-T.

(a) Effective Date

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

(d) Subject

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

[[Page 22364]]

(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 516-228-7300; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

(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 600-0777, dated December 13, 
2021.
    (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 March 14, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-07741 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P