[Federal Register Volume 88, Number 137 (Wednesday, July 19, 2023)]
[Rules and Regulations]
[Pages 46063-46066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15177]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0025; Project Identifier MCAI-2022-00804-T; 
Amendment 39-22479; AD 2023-12-20]
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 
certain Bombardier, Inc., Model CL-600-2B16 (604 Variant) airplanes. 
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. This AD requires 
replacing oxygen system hoses having any part number in the O2C20T1 and 
O2C20T14 series. This AD also prohibits installation of affected oxygen 
hoses. The FAA is issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective August 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 23, 
2023.

ADDRESSES: 
    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 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-2023-0025.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, Aviation Safety 
Engineer, FAA, 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-600-2B16 (604 Variant) airplanes. The NPRM published in 
the Federal Register on January 30, 2023 (88 FR 5819). The NPRM was 
prompted by AD CF-2022-34, dated June 20, 2022, issued by Transport 
Canada, which is the aviation authority for Canada (referred to after 
this as the MCAI). 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.
    In the NPRM, the FAA proposed to require replacing oxygen system 
hoses having any part number in the O2C20T1 and O2C20T14 series and to 
prohibit installation of affected oxygen hoses. 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-2023-0025.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter, NetJets. The 
following presents the comments received on the NPRM and the FAA's 
response to each comment.

Request to Correct Reference To Test

    The commenter noted that paragraph (h)(2) of the proposed AD 
referenced a test specified in paragraph (h)(2) of the proposed AD, but 
the test was specified in paragraph (h)(1) of the proposed AD. The 
commenter suggested the FAA revise paragraph (h)(2) of the proposed AD 
to read, ``If, during a test specified in paragraph (h)(1) of this AD. 
. . .''

[[Page 46064]]

    The FAA agrees and has revised paragraph (h)(2) of this AD.

Request To Revise Compliance Time

    The commenter stated that the compliance time specified in 
paragraph (g)(2) of the proposed AD, which reads, ``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,'' does not 
consider the current supply chain issues and may cause undue hardship 
for owners/operators with multiple aircraft in its fleet. The commenter 
suggested that if parts are not available at the replacement time 
specified, there should be an alternative method to extend the 
replacement time for those aircraft.
    The FAA disagrees. The FAA determined that the compliance time in 
paragraph (g)(2) of this AD allows ample time to obtain replacement 
parts. The FAA has not changed this AD as a result of this comment.

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 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. This 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.

Costs of Compliance

    The FAA estimates that this AD affects 42 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $100             $355          $14,910
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $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
------------------------------------------------------------------------

    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

[[Page 46065]]

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:

2023-12-20 Bombardier, Inc.: Amendment 39-22479; Docket No. FAA-
2023-0025; Project Identifier MCAI-2022-00804-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 23, 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.

Figure 1 to Paragraph (g)--Service Information
[GRAPHIC] [TIFF OMITTED] TR19JY23.195

(h) Optional Mitigation for Certain Airplanes

    For airplanes identified in 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)(1) 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

[[Page 46066]]

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, 
International Validation 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 
International Validation Branch, mail it to ATTN: Program Manager, 
Continuing Operational Safety, at the address identified in 
paragraph (l)(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, International 
Validation 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, Aviation Safety Engineer, FAA, 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 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 June 28, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15177 Filed 7-18-23; 8:45 am]
BILLING CODE 4910-13-P