[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72372-72374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25513]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1065; Project Identifier MCAI-2022-00280-T; 
Amendment 39-22231; AD 2022-23-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model BD-700-2A12 airplanes. This AD was 
prompted by a report that the flightcrew and passenger oxygen system's 
refill and capillary lines may have been contaminated by sealant and 
cotton fibers. This AD requires an inspection to determine the serial 
numbers of the oxygen cylinders installed and replacement of each 
affected oxygen cylinder and regulator assembly (OCRA). The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective December 30, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
2022.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1065; 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">[email protected]bombardier.com; internet 
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-2022-1065.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, 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 BD-700-2A12 airplanes. The NPRM published in the Federal 
Register on August 31, 2022 (87 FR 53421). The NPRM was prompted by AD 
CF-2022-07, dated March 1, 2022, issued by Transport Canada Civil 
Aviation (TCCA), which is the aviation authority for Canada (referred 
to after this as the MCAI). The MCAI states the flightcrew and 
passenger oxygen system's refill and capillary lines may have been 
contaminated by sealant and cotton fibers. Any contamination is 
expected to collect in the OCRA filters, which may cause a blockage of 
the oxygen system components and result in a reduction of oxygen flow, 
reduce the total amount of available oxygen, or create a fire hazard. 
See the MCAI for additional background information.
    In the NPRM, the FAA proposed to require accomplishing the actions 
specified in the Bombardier Service Bulletin 700-35-7502, Basic Issue, 
dated January 26, 2022. 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-2022-1065.

[[Page 72373]]

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 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 Bombardier Service Bulletin 700-35-7502, Basic 
Issue, dated January 26, 2022. This service information describes 
procedures for an inspection to determine the serial numbers of the 
oxygen cylinders installed and replacement of each affected OCRA with a 
new or reworked OCRA.
    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 would affect 16 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
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................          $3,069           $3,494          $55,904
----------------------------------------------------------------------------------------------------------------

    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,
    (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:

2022-23-04 Bombardier, Inc.: Amendment 39-22231; Docket No. FAA-
2022-1065; Project Identifier MCAI-2022-00280-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 30, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12 
airplanes, certificated in any category, having serial numbers 
70006, 70008, 70009 through 70016 inclusive, 70019, 70020, 70025, 
70026, 70028, 70032 through 70035 inclusive, 70038 through 70043 
inclusive, 70046, 70048, 70050, 70051, 70054, 70063, and 70073.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that the flightcrew and 
passenger oxygen system's refill and capillary lines may have been 
contaminated by sealant and cotton fibers. The FAA is issuing this 
AD to address the contamination, which may cause a blockage of the 
oxygen system components and result in a reduction of oxygen flow, 
reduce the total amount of available oxygen, or create a fire 
hazard.

(f) Compliance

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

(g) Inspection and Replacement

    Within 36 months after the effective date of this AD: Do an 
inspection to determine the serial numbers of the oxygen cylinders 
installed in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 700-35-7502, Basic Issue, dated January 
26, 2022 (SB 700-35-7502). If any affected oxygen cylinder and 
regulator assembly (OCRA) is installed, before further flight 
replace the affected part with a new or reworked OCRA, in accordance 
with the Accomplishment Instructions of SB 700-35-7502.

[[Page 72374]]

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
affected oxygen cylinder having a serial number specified in 
paragraph 1.A. of SB 700-35-7502, on any airplane.

(i) No Reporting Requirement

    Although SB 700-35-7502 specifies to report certain information 
to the manufacturer, this AD does not include that requirement.

(j) 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (516) 228-7300. 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 Civil Aviation (TCCA); or 
Bombardier Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Additional Information

    (1) Refer to TCCA AD CF-2022-07, dated March 1, 2022, for 
related information. This TCCA AD may be found in the AD docket at 
regulations.gov under Docket No. FAA-2022-1065.
    (2) For more information about this AD, contact Gabriel Kim, 
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].

(l) 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 700-35-7502, Basic Issue, dated 
January 26, 2022.
    (ii) [Reserved]
    (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">[email protected]bombardier.com; internet 
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 October 27, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-25513 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


