[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Proposed Rules]
[Pages 24476-24479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08822]



[[Page 24476]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0470; Project Identifier MCAI-2021-01002-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 BD-700-1A10 and BD-700-1A11 airplanes. 
This proposed AD was prompted by reports that some oxygen box 
assemblies had their piston ejected during the mask deployment test. 
This proposed AD would require a one-time inspection of each passenger 
oxygen box dual manifold assembly to find and replace affected parts. 
This proposed AD would also prohibit installing 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 June 10, 
2022.

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 https://www.regulations.gov. 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.
    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 <a href="/cdn-cgi/l/email-protection#eb8a88c5929e87ab8a8e9984c5898486898a998f828e99c5888486"><span class="__cf_email__" data-cfemail="0564662b7c7069456460776a2b676a68676477616c60772b666a68">[email protected]</span></a>; internet https://www.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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0470; 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, any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Dowling, 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 <a href="/cdn-cgi/l/email-protection#f9c0d4988f8ad49780989a96d49a968ab99f9898d79e968f"><span class="__cf_email__" data-cfemail="8bb2a6eafdf8a6e5f2eae8e4a6e8e4f8cbedeaeaa5ece4fd">[email protected]</span></a>.

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-2022-0470; Project Identifier 
MCAI-2021-01002-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 
https://www.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 
Elizabeth Dowling, 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 <a href="/cdn-cgi/l/email-protection#9ea7b3ffe8edb3f0e7fffdf1b3fdf1eddef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="3c05115d4a4f1152455d5f53115f534f7c5a5d5d125b534a">[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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-30, dated September 7, 
2021 (TCCA AD CF-2021-30) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for all Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes. You may examine the MCAI in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2022-0470.
    This proposed AD was prompted by reports that some passenger oxygen 
box dual manifold assemblies had their piston ejected during the mask 
deployment test due to a non-conformity in manufacturing. The FAA is 
proposing this AD to address a possible in-service piston ejection when 
used for emergency descent, smoke, or fire that may result in a high 
rate of oxygen leakage, which could prematurely deplete the oxygen for 
all passengers. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued the following service information.
    <bullet> Service Bulletin 700-35-5004, Revision 02, dated August 
27, 2021.
    <bullet> Service Bulletin 700-35-5502, dated August 27, 2021.
    <bullet> Service Bulletin 700-35-6004, Revision 05, dated August 
27, 2021.
    <bullet> Service Bulletin 700-35-6502, dated August 27, 2021.
    This service information describes procedures for inspecting each 
passenger oxygen box dual manifold assembly to find affected parts, and 
replacing affected parts. These documents are distinct because they 
apply to different airplane configurations.
    This service information is reasonably available because the 
interested parties have access to it through their normal

[[Page 24477]]

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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
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 308 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.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $26,180
----------------------------------------------------------------------------------------------------------------

    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 this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
         Labor cost                Parts cost         Cost per product
------------------------------------------------------------------------
Up to 34 work-hours x $85     Up to $1,700........  Up to $4,590.
 per hour = $2,890.
------------------------------------------------------------------------

    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-2022-0470; Project Identifier MCAI-
2021-01002-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 10, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc., Model BD-700-1A10 and 
BD-700-1A11 airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports that some passenger oxygen box 
dual manifold had their piston ejected during the mask deployment 
test due to a non-conformity in manufacturing. The FAA is issuing 
this AD to address a possible in-service piston ejection when used 
for emergency descent, smoke, or fire that may result in a high rate 
of oxygen leakage, which could prematurely deplete the oxygen for 
all passengers.

[[Page 24478]]

(f) Compliance

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

(g) Definition

    An affected part is a passenger oxygen box assembly having a 
dual manifold assembly having part number 100-009-39 and a lot and 
serial number specified in figure 1 to paragraph (g) of this AD.
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[GRAPHIC] [TIFF OMITTED] TP26AP22.058

(h) Required Actions

    Within the applicable compliance time specified in paragraph 
(h)(1) or (2) of this AD: Inspect each passenger oxygen box dual 
manifold assembly to determine if it is an affected part, as defined 
in paragraph (g) of this AD, and replace any affected part in 
accordance with paragraph 2.B. of the Accomplishment Instructions of 
the applicable Bombardier service bulletin specified in figure 2 to 
paragraph (h) of this AD. Replace any affected part before further 
flight.
    (1) For airplanes having serial numbers 9771, 9779, 9784, 9788 
through 9824 inclusive, 9853 through 9857 inclusive, and 9859 
through 9876 inclusive, within 4 months after the effective date of 
this AD.
    (2) For airplane having serial numbers 9877 through 9879 
inclusive, and 60001 through 60042 inclusive, within 30 months after 
the effective date of this AD.
[GRAPHIC] [TIFF OMITTED] TP26AP22.059

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
affected part as defined in paragraph (g) of this AD, on any 
airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using the service information specified in 
paragraphs (j)(1) through (7) of this AD, as applicable.
    (1) Bombardier Service Bulletin 700-35-5004, dated December 10, 
2018.
    (2) Bombardier Service Bulletin 700-35-5004, Revision 01, dated 
November 29, 2019.

[[Page 24479]]

    (3) Bombardier Service Bulletin 700-35-6004, dated December 10, 
2018.
    (4) Bombardier Service Bulletin 700-35-6004, Revision 01, dated 
January 16, 2019.
    (5) Bombardier Service Bulletin 700-35-6004, Revision 02, dated 
April 5, 2019.
    (6) Bombardier Service Bulletin 700-35-6004, Revision 03, dated 
May 31, 2019.
    (7) Bombardier Service Bulletin 700-35-6004, Revision 04, dated 
November 29, 2019.

(k) Other FAA 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2021-30, dated September 7, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2022-0470.
    (2) For more information about this AD, contact Elizabeth 
Dowling, 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 <a href="/cdn-cgi/l/email-protection#b38a9ed2c5c09eddcad2d0dc9ed0dcc0f3d5d2d29dd4dcc5"><span class="__cf_email__" data-cfemail="053c28647376286b7c64666a28666a76456364642b626a73">[email protected]</span></a>.
    (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 <a href="/cdn-cgi/l/email-protection#c1a0a2efb8b4ad81a0a4b3aeefa3aeaca3a0b3a5a8a4b3efa2aeac"><span class="__cf_email__" data-cfemail="c5a4a6ebbcb0a985a4a0b7aaeba7aaa8a7a4b7a1aca0b7eba6aaa8">[email protected]</span></a>; internet 
https://www.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.

    Issued on April 20, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-08822 Filed 4-25-22; 8:45 am]
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