Rule2023-16648
Airworthiness Directives; Bombardier, Inc., Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 7, 2023
Effective
August 23, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 150 (Monday, August 7, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16648]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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 <a href="/cdn-cgi/l/email-protection#b3d2d09dcac6dff3d2d6c1dc9d8fd293dbc1d6d58e" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website
<a href="http://bombardier.com">bombardier.com</a>.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#162f3b776065786f7775793b7579655670777738717960"><span class="__cf_email__" data-cfemail="71485c1007021f0810121e5c121e02311710105f161e07">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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 <a href="/cdn-cgi/l/email-protection#c3faeea2b5b0adbaa2a0aceea0acb083a5a2a2eda4acb5"><span class="__cf_email__" data-cfemail="1a23377b6c6974637b7975377975695a7c7b7b347d756c">[email protected]</span></a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#40796d2136336d2e3921232f6d232f33002621216e272f36"><span class="__cf_email__" data-cfemail="93aabef2e5e0befdeaf2f0fcbef0fce0d3f5f2f2bdf4fce5">[email protected]</span></a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#734a5e1205005e1d0a12101c5e101c00331512125d141c05"><span class="__cf_email__" data-cfemail="350c18544346185b4c54565a18565a46755354541b525a43">[email protected]</span></a>.
(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 <a href="/cdn-cgi/l/email-protection#8beae8a5f2fee7cbeaeef9e4a5b7eaabe3f9eeedb6" http: bombardier.com">bombardier.com</a>">ac.yul@aero.<a href="http://bombardier.com">bombardier.com</a></a>; website
<a href="http://bombardier.com">bombardier.com</a>.
(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 <a href="/cdn-cgi/l/email-protection#9ff9edb1f6f1eceffafcebf6f0f1dff1feedfeb1f8f0e9"><span class="__cf_email__" data-cfemail="f79185d99e9984879294839e9899b799968596d9909881">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
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]
BILLING CODE 4910-13-P
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