[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Proposed Rules]
[Pages 47827-47829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15666]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 141 / Tuesday, July 25, 2023 / 
Proposed Rules  

[[Page 47827]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1505; Project Identifier MCAI-2023-00246-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model CL-600-2B16 (601-3A, 601-3R, and 
604 Variants) airplanes. This proposed AD was prompted by sleeve loops 
on some passenger oxygen mask lanyards that had improper crimping and 
unsealed ends. This proposed AD would require an inspection of the 
passenger oxygen mask lanyards and replacement of defective oxygen mask 
lanyards. This proposed AD would also prohibit the installation of 
affected parts. 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 September 
8, 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-2023-1505; 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: Gabriel Kim, 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 relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1505; Project Identifier 
MCAI-2023-00246-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 
Gabriel Kim, 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

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada CF-2023-06, dated February 9, 2023 (Transport 
Canada AD CF-2023-06) (also referred to after this as the MCAI), to 
correct an unsafe condition on certain Bombardier, Inc., Model CL-600-
2B16 (601-3A, 601-3R, and 604 Variants) airplanes. The MCAI states the 
sleeve loops on certain passenger oxygen mask lanyards were found to 
have improper crimping and unsealed ends.
    This proposed AD addresses these defective oxygen mask lanyards, 
which could result in no oxygen flow to the mask during an emergency 
situation.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1505.

Related Rulemaking

    The FAA issued AD 2017-16-13, Amendment 39-18990 (82 FR 39518, 
August 21, 2017) (AD 2017-16-13), for certain Bombardier, Inc., Model 
CL-600-2B16 (601-3A, 601-3R, and 604 Variants) airplanes. AD 2017-16-13 
resulted from a report indicating that the lanyard length of the 
passenger

[[Page 47828]]

drop-down oxygen masks is too long. AD 2017-16-13 requires replacing 
the existing oxygen mask lanyards with lanyards of the correct length. 
The FAA issued AD 2017-16-13 to prevent improper oxygen flow 
functionality to the passenger oxygen masks in the event of an 
emergency.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 605-35-008, dated 
October 28, 2022. This service information specifies procedures for 
visual inspection of the existing passenger oxygen mask lanyards 
installed in the cabin or lavatory oxygen box assemblies, and 
replacement of the defective oxygen mask lanyards. The defective oxygen 
mask lanyards had improperly crimped sleeve loops and unsealed ends.
    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 referenced 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. This proposed AD would 
also prohibit the installation of affected parts.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 120 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..........................  1 work-hour x $85 per                $0              $85          $10,200
                                       hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  2 work-hours x $85 per hour =            $1,149           $1,319
                                                $170.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed 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

    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.

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-2023-1505; Project Identifier MCAI-
2023-00246-T.

[[Page 47829]]

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 8, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (601-3A, 
601-3R, and 604 Variants) airplanes, certificated in any category, 
serial numbers identified in Bombardier Service Bulletin 605-35-008, 
dated October 28, 2022.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by sleeve loops on some passenger oxygen 
mask lanyards that had improper crimping and unsealed ends. The FAA 
is issuing this AD to address the defective oxygen mask lanyards. 
The unsafe condition, if not addressed, could result in no oxygen 
flow to the mask during an emergency situation.

(f) Compliance

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

(g) Inspection of the Passenger Oxygen Mask Assemblies

    Within 48 months from the effective date of this AD, visually 
inspect the passenger oxygen mask lanyards in the cabin or lavatory 
oxygen box assemblies as applicable for crimped lanyards and sealed 
ends, in accordance with paragraph 2.C. of the Accomplishment 
Instructions of Bombardier Service Bulletin 605-35-008, dated 
October 28, 2022.
    (1) If all passenger oxygen mask lanyards are crimped and the 
lanyard ends are sealed: No further action is required by this 
paragraph.
    (2) If any passenger oxygen mask lanyard is not crimped 
properly, or any lanyard end is not sealed properly: Before further 
flight, replace the passenger oxygen mask lanyard in accordance with 
Section 2.D. of the Accomplishment Instructions of Bombardier 
Service Bulletin 605-35-008, dated October 28, 2022.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install, on 
any airplane, a passenger oxygen mask lanyard assembly provided with 
an oxygen box lanyard kit containing a lot number in paragraph 
(h)(1) or (2) of this AD.
    (1) Oxygen box lanyard kit part number (P/N) CDKC29-006-501, lot 
number 2011007411, 2012010412, 2101018703, 2101035167, 2102030139, 
2104003817, or 2105005522.
    (2) Oxygen box lanyard kit P/N CDKC29-006-503, lot number 
2011029525, 2012006900, 2103007412, or 2103029992.

(i) 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, 
International Validation Branch, mail it to 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, 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.

(j) Additional Information

    (1) Refer to Transport Canada CF-2023-06, dated February 9, 
2023, for related information. This Transport Canada AD may be found 
in the AD docket at regulations.gov under Docket No. FAA-2023-1505.
    (2) For more information about this AD, contact Gabriel Kim, 
Aviation Safety Engineer, FAA, 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 605-35-008, dated October 28, 
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; 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 July 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-15666 Filed 7-24-23; 8:45 am]
BILLING CODE 4910-13-P


