[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Rules and Regulations]
[Pages 35885-35890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12749]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0085; Project Identifier MCAI-2021-00498-T; 
Amendment 39-22072; AD 2022-12-01]
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-700-1A10 and BD-700-1A11 airplanes. 
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. This AD requires an 
inspection of the oxygen hose assembly to determine if an affected part 
number is installed, and replacement of affected oxygen hoses. For 
certain airplanes, this AD allows repetitive testing of the oxygen 
system

[[Page 35886]]

until affected hoses are replaced. This AD also prohibits installation 
of an affected oxygen hose. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 19, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 19, 
2022.

ADDRESSES: 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#ee8f8dc0979b82ae8f8b9c81c08c81838c8f9c8a878b9cc08d8183"><span class="__cf_email__" data-cfemail="d0b1b3fea9a5bc90b1b5a2bffeb2bfbdb2b1a2b4b9b5a2feb3bfbd">[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. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0085.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0085; 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, 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.

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; fax 516-794-5531; email <a href="/cdn-cgi/l/email-protection#d3eafeb2a5a0febdaab2b0bcfeb0bca093b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="90a9bdf1e6e3bdfee9f1f3ffbdf3ffe3d0f6f1f1bef7ffe6">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-17, dated April 28, 
2021 (also referred to as the Mandatory Continuing Airworthiness 
Information, or the MCAI), to correct an unsafe condition for certain 
Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. You may 
examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0085.
    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-700-1A10 and BD-700-1A11 airplanes. The NPRM published 
in the Federal Register on February 3, 2022 (87 FR 6082). The NPRM 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 NPRM proposed to require an 
inspection of the oxygen hose assembly to determine if an affected part 
number is installed, and replacement of affected oxygen hoses. For 
certain airplanes, the NPRM proposed to allow repetitive testing of the 
oxygen system until affected hoses are replaced. The NPRM also proposed 
to prohibit installation of an affected oxygen hose. The FAA is issuing 
this AD to address a leak in the oxygen line, which may result in 
failure to provide oxygen to passengers and crew and result in an 
oxygen enriched atmosphere creating a fire risk on the airplane. See 
the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment. Air Line 
Pilots Association, International (ALPA), an individual commenter, and 
Bombardier indicated their support for the NPRM.

Request To Revise the Conditions for the Aircraft Completion Center 
Supplemental Type Certificate (STC) Date

    Bombardier requested that the FAA revise the conditions for the 
Aircraft Completion Center STC date. Bombardier stated that the use of 
the date when the Aircraft Completion Center STC was issued as 
specified in paragraphs (h)(1)(i), (h)(1)(ii) and (h)(3) of the 
proposed AD, will, in some cases, be inconsistent with the instructions 
given in the service bulletin. Bombardier commented that in cases where 
multiple configurations are approved by the Aircraft Completion Center 
STC, the date that the STC was issued is not necessarily indicative of 
the age of the hoses and should not be used. Bombardier stated that, 
for example, STC ST03088NY, was issued April 20, 2012, but has been 
used since then to approve many serial-number-specific configurations.
    Bombardier suggested that the date used to determine whether 
operators may perform interim inspections and delay hose replacement be 
based on one of the following conditions:
    <bullet> Initial approval of the aircraft completion modification 
was demonstrated by a serial number specific to the STC and the date 
the STC was issued; or
    <bullet> Initial approval of the aircraft completion modification 
was demonstrated on an STC that approves multiple configurations by the 
initial approval date of the serial number specific configuration that 
correlates to the date STC was added to the approved configuration 
list.
    Bombardier commented that the suggestion is consistent with the 
service information provided in Bombardier Advisory Wire AW700-35-0794, 
which includes an explanation of how to find the ``Aircraft Completion 
STC date'' (expression used in the associated service information), for 
cases where Bombardier is the STC holder.
    The FAA disagrees with the commenter's implication that the ability 
to delay hose replacement is determined by the date of the STC. The 
date as given relative to an STC is only for the optional interim 
testing and if all conditions are met; whether an operator may delay 
replacement is determined solely based on serial numbers. If an STC is 
installed with the referenced hoses, the serial numbers can be checked 
on the hoses. The FAA has not changed this AD in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
    <bullet> Bombardier Service Bulletin 700-1A11-35-014, Revision 01, 
dated February 12, 2021.
    <bullet> Bombardier Service Bulletin 700-35-015, Revision 01, dated 
February 12, 2021.
    <bullet> Bombardier Service Bulletin 700-35-5005, Revision 01, 
dated February 12, 2021.

[[Page 35887]]

    <bullet> Bombardier Service Bulletin 700-35-6005, Revision 01, 
dated February 12, 2021.
    <bullet> Bombardier Service Bulletin 700-35-6501, Revision 01, 
dated February 12, 2021.
    This service information describes procedures for doing an 
inspection of the oxygen hose assembly installations to determine if a 
part number within the series O2C20T1 is installed, and replacing the 
oxygen hose if necessary. For certain airplanes, the service 
information specifies optional repetitive testing of the oxygen system 
that would allow for delay of the replacement. These documents are 
distinct since they apply to different airplane serial numbers.
    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 will affect 409 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 36 work-hours x $85 per hour = Up               $0  Up to $3,060..............  Up to $1,251,540.
 to $3,060.
----------------------------------------------------------------------------------------------------------------


                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
Up to 25 work-hours x $85 per     Up to $125........  Up to $2,250.
 hour = Up to $2,125.
------------------------------------------------------------------------

    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.

Adoption of 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:

2022-12-01 Bombardier, Inc.: Amendment 39-22072; Docket No. FAA-
2022-0085; Project Identifier MCAI-2021-00498-T.

(a) Effective Date

    This airworthiness directive (AD) is effective July 19, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-
700-1A11 airplanes, certificated in any category, serial numbers 
9002 through 9879 inclusive and 9998.

(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 line, which may 
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) Inspection and Replacement

    Within 6 months after the effective date of this AD: Do an 
inspection of the oxygen hose assembly to determine if any hose 
having a part number (P/N) in the O2C20T1 series is installed, in 
accordance with the Accomplishment Instructions of the applicable 
service information specified in figure 1 to paragraph (g) of this 
AD. If P/N O2C20T1 series is installed, or if any test fails as 
specified in paragraph (h) of this AD, before further flight, 
replace all the oxygen hoses, in accordance with the Accomplishment 
Instructions of the applicable service information specified in 
figure 1 to paragraph (g) of this AD.
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[[Page 35888]]

[GRAPHIC] [TIFF OMITTED] TR14JN22.000

(h) Optional Interim Testing for Certain Airplanes

    For airplanes identified in figure 2 of paragraph (h) of this 
AD: The oxygen hose replacement, if required by paragraph (g) of 
this AD, may be delayed if all conditions specified in paragraphs 
(h)(1) through (3) of this AD are met.
    (1) The oxygen system is tested at the applicable times 
specified in paragraph (h)(1)(i) or (ii) of this AD, in accordance 
with the Accomplishment Instructions of the applicable service 
information specified in figure 2 to paragraph (h) of this AD.
    (i) If the Aircraft Completion Center Supplemental Type 
Certificate (STC) for the passenger cabin interior was issued within 
5 years before the effective date of this AD: The oxygen system is 
tested within 6 months after the effective date of this AD, and 
thereafter at intervals not to exceed 30 months.
    (ii) If the Aircraft Completion Center STC for the passenger 
cabin interior was issued 5 years or more before the effective date 
of this AD: The oxygen system is tested within 6 months after the 
effective date of this AD, and thereafter at intervals not to exceed 
15 months.
    (2) All P/N O2C20T1 series hoses are replaced before further 
flight as specified in paragraph (g) of this AD after any hose fails 
any test.

[[Page 35889]]

    (3) Except as specified by paragraph (h)(2) of this AD, all P/N 
O2C20T1 series hoses are replaced within 10 years after issuance of 
the Aircraft Completion Center STC for the passenger cabin interior 
as specified in paragraph (g) of this AD provided that all P/N 
O2C20T1 series hoses in the flight compartment and the third crew 
(left-hand side enclosure) are replaced within 6 months after the 
effective date of this AD.
[GRAPHIC] [TIFF OMITTED] TR14JN22.001

BILLING CODE 4910-13-C

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
oxygen hose assembly having a P/N in the O2C20T1 series on any 
airplane.

(j) Credit for Previous Actions

    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 the applicable service information specified 
in paragraphs (j)(1) through (5) of this AD.
    (1) Bombardier Service Bulletin 700-1A11-35-014, dated September 
28, 2020.
    (2) Bombardier Service Bulletin 700-35-015, dated September 28, 
2020.
    (3) Bombardier Service Bulletin 700-35-5005, dated September 28, 
2020.
    (4) Bombardier Service Bulletin 700-35-6005, dated September 28, 
2020.
    (5) Bombardier Service Bulletin 700-35-6501, dated September 28, 
2020.

(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; fax 516-794-5531. 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-2021-17, dated April 28, 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-2022-0085.
    (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; fax 516-794-
5531; email <a href="/cdn-cgi/l/email-protection#d6effbb7a0a5fbb8afb7b5b9fbb5b9a596b0b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="073e2a6671742a697e6664682a6468744761666629606871">[email protected]</span></a>.

(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.
    (i) Bombardier Service Bulletin 700-1A11-35-014, Revision 01, 
dated February 12, 2021.
    (ii) Bombardier Service Bulletin 700-35-015, Revision 01, dated 
February 12, 2021.
    (iii) Bombardier Service Bulletin 700-35-5005, Revision 01, 
dated February 12, 2021.
    (iv) Bombardier Service Bulletin 700-35-6005, Revision 01, dated 
February 12, 2021.
    (v) Bombardier Service Bulletin 700-35-6501, Revision 01, dated 
February 12, 2021.
    (3) For service information identified in this AD, contact 
Bombardier Business

[[Page 35890]]

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#ed8c8ec3949881ad8c889f82c38f82808f8c9f8984889fc38e8280"><span class="__cf_email__" data-cfemail="7213115c0b071e321317001d5c101d1f101300161b17005c111d1f">[email protected]</span></a>; internet https://www.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 <a href="/cdn-cgi/l/email-protection#385e4a1651564b485d5b4c5157567856594a59165f574e"><span class="__cf_email__" data-cfemail="1d7b6f3374736e6d787e697472735d737c6f7c337a726b">[email protected]</span></a>, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on May 25, 2022.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2022-12749 Filed 6-13-22; 8:45 am]
BILLING CODE 4910-13-P


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