[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Rules and Regulations]
[Pages 52021-52024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16648]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Rules 
and Regulations  

[[Page 52021]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1654; Project Identifier MCAI-2023-00920-T; 
Amendment 39-22520; AD 2023-16-01]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-12-
20, which applied to certain Bombardier, Inc., Model CL-600-2B16 (604 
Variant) airplanes. AD 2023-12-20 required replacing certain oxygen 
system hoses and prohibited installing affected oxygen hoses. Since the 
FAA issued AD 2023-12-20, the FAA has learned of an error in a required 
compliance time. This AD retains the requirements of AD 2023-12-20, 
with a revised compliance time for the replacement. 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 (88 FR 46063, July 19, 2023).
    The FAA must receive comments on this AD by September 21, 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-2023-1654; 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 
street address for Docket Operations is listed above.
    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 referenced 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-2023-1654.

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: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-1654; Project Identifier MCAI-
2023-00920-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
this final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 
Elizabeth Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; telephone 516-228-7300; 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

    The FAA issued AD 2023-12-20, Amendment 39-22479 (88 FR 46063, July 
19, 2023) (AD 2023-12-20), for certain Bombardier, Inc., Model CL-600-
2B16 (604 Variant) airplanes. AD 2023-12-20 was prompted by an MCAI 
originated by Transport Canada, which is the aviation authority for 
Canada. Transport Canada issued AD CF-2022-34, dated June 20, 2022 
(Transport Canada AD CF-2022-34), to correct an unsafe condition.
    AD 2023-12-20 required replacing oxygen system hoses having any 
part number in the O2C20T1 and O2C20T14 series and prohibited 
installing affected oxygen hoses. The FAA issued AD 2023-12-20 to 
address a leak in the oxygen system, which could result in failure to 
provide oxygen to passengers and crew and result in an oxygen-

[[Page 52022]]

enriched atmosphere creating a fire risk on the airplane.

Actions Since AD 2023-12-20 Was Issued

    Since AD 2023-12-20 was issued, the FAA has learned that paragraph 
(g)(1) of AD 2023-12-20 contains an error in the compliance time for 
the replacement of the oxygen system hoses. As written, paragraph 
(g)(1) of AD 2023-12-20 requires compliance for the affected airplanes 
within 31 months, or no later than ``12 months after the completion of 
the interior modification specified in STC ST02355NY,'' whichever 
occurs first. The correct compliance time is within 31 months, or no 
later than ``12 months after the airplane reaches 6 years from the STC 
ST02355NY airplane's completion issuance (specific airplane's 
Modification Data Summary release date),'' whichever occurs first. 
Paragraph (g)(1) of this AD specifies the correct compliance time. The 
compliance time as written in AD 2023-12-20 could unnecessarily ground 
some airplanes. Correcting this error in this AD provides relief by 
extending the compliance time. There are no other changes in this AD.
    While the two ADs are effective August 23, 2023, this AD supersedes 
AD 2023-12-20.
    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-2023-1654.

Related Service Information Under 1 CFR Part 51

    This AD requires Bombardier Service Bulletins 605-35-006 and 650-
35-002, both Revision 01, both dated January 28, 2022, which the 
Director of the Federal Register approved for incorporation by 
reference as of August 23, 2023 (88 FR 46063, July 19, 2023). 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 ADDRESSES.

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 referenced above. The FAA is issuing this AD after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

AD Requirements

    This AD retains all of the requirements of AD 2023-12-20, with a 
revised compliance time for replacing the oxygen system hoses for 
certain airplanes.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    The FAA has learned of an error in a compliance time that could 
unnecessarily ground some airplanes. Correcting this error provides 
relief by extending that compliance time, and is the only change in 
this AD. To address this issue in a timely manner, the FAA has 
determined that it is appropriate to require the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. Accordingly, notice and opportunity for prior public comment 
are unnecessary pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

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 Retained 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 Retained 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:

[[Page 52023]]



            Estimated Costs of Retained 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 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, and
    (2) Will not affect intrastate aviation in Alaska.

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:
0
a. Removing Airworthiness Directive 2023-12-20, Amendment 39-22479 (88 
FR 46063, July 19, 2023); and
0
b. Adding the following new airworthiness directive:

2023-16-01 Bombardier, Inc.: Amendment 39-22520; Docket No. FAA-
2023-1654; Project Identifier MCAI-2023-00920-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 23, 2023.

(b) Affected ADs

    This AD replaces AD 2023-12-20, Amendment 39-22479 (88 FR 46063, 
July 19, 2023) (AD 2023-12-20).

(c) Applicability

    This AD applies to Bombardier, Inc., Model C-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) Retained Replacement, With Revised Compliance Time in Paragraph 
(g)(1)

    This paragraph restates the requirements of paragraph (g) of AD 
2023-12-20, with a revised compliance time in paragraph (g)(1) of 
this AD. 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 airplane 
reaches 6 years from the STC ST02355NY airplane's completion 
issuance (specific airplane's Modification Data Summary release 
date), 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.
[GRAPHIC] [TIFF OMITTED] TR07AU23.713


[[Page 52024]]



(h) Retained Optional Mitigation for Certain Airplanes, With No Changes

    This paragraph restates the provisions of paragraph (h) of AD 
2023-12-20, with no changes. 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) Retained Parts Installation Prohibition, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2023-12-20, with no changes. 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) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the provisions of paragraph (j) of AD 
2023-12-20, with no changes.
    (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, 
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.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved for AD 2023-12-20 are approved as AMOCs for 
the corresponding provisions of this AD.
    (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-2023-1654.
    (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 (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.
    (3) The following service information was approved for IBR on 
August 23, 2023 (88 FR 46063, July 19, 2023).
    (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.
    (4) 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.
    (5) 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.
    (6) 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 July 31, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16648 Filed 8-4-23; 8:45 am]
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