[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Proposed Rules]
[Pages 74535-74537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26471]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1572; Project Identifier MCAI-2022-00350-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt 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 
proposed 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 proposed AD would 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 proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 20, 
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-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 NPRM, 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 NPRM, 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; 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.

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:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1572; Project Identifier 
MCAI-2022-00350-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
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]. Any commentary that the FAA receives which is 
not specifically

[[Page 74536]]

designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2022-10, dated March 10, 2022 (Transport 
Canada AD CF-2022-10) (also referred to after this as the MCAI), to 
correct an unsafe condition on all Bombardier, Inc. Model CL-600-1A11, 
CL-600-2A12, and CL-600-2B16 airplanes. 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1572.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier, Inc. service 
information, which specify procedures to verify (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.
    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.

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 698 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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          $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
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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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 74537]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Bombardier, Inc.: Docket No. FAA-2022-1572; Project Identifier MCAI-
2022-00350-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by January 20, 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.
    (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 
attempting 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.
    (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 (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.
    (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.
    (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; 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 December 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-26471 Filed 12-5-22; 8:45 am]
BILLING CODE 4910-13-P


