[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Proposed Rules]
[Pages 6525-6527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2912]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1089; Directorate Identifier 2011-NM-110-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300) 
airplanes. That NPRM proposed an inspection to determine if a certain 
oxygen cylinder and regulator assembly (CRA) is installed and the 
replacement of affected oxygen CRAs. That NPRM was prompted by reports 
of deformation found at the neck of the pressure regulator body on the 
oxygen CRA. This action revises that NPRM by revising the compliance 
times. We are proposing this supplemental NPRM to prevent elongation of 
the pressure regulator neck, which could result in rupture of the 
oxygen cylinder, and in the case of cabin depressurization, oxygen not 
being available when required. Since these actions impose an additional 
burden over that proposed in the NPRM, we are reopening the comment 
period to allow the public the chance to comment on these proposed 
changes.

DATES: We must receive comments on this proposed AD by March 26, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone (514) 855-5000; fax (514) 855-7401; email 
[email protected]; Internet http://www.bombardier.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call (425) 227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7318; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1089; 
Directorate Identifier 2011-NM-110-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
October 19, 2011 (76 FR 64857). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for Model BD-100-1A10 
(Challenger 300) airplanes.
    Since that NPRM (76 FR 64857, October 19, 2011) was issued, we have 
determined that a revision to the compliance time is needed. We are 
changing the compliance time in paragraph (g) of this supplemental NPRM 
to ``within 750 flight hours, or 6 months after the effective date of 
this AD, whichever occurs first.'' We have determined that this 
compliance time is adequate to address the unsafe condition.
    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 64857, October 19, 
2011), or on the determination of the cost to the public.

Additional Change

    We have made minor editorial changes to this supplemental NPRM. We 
have determined that these minor editorial changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 64857, October 19, 2011) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 64857, October 19, 2011).

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the earlier 
NPRM (76 FR 64857, October 19, 2011). As a result, we have determined 
that it is necessary to reopen the comment period to provide additional 
opportunity for

[[Page 6526]]

the public to comment on this proposed AD.

Differences Between This AD and the MCAI or Service Information

    This AD differs from the MCAI and/or service information as 
follows:
    The MCAI applicability specifies only airplanes having certain 
serial numbers and prohibits installation of the affected part on those 
airplanes. Because the affected part could be rotated onto any of the 
Model BD-100-1A10 (Challenger 300) airplanes, this AD applies to serial 
numbers 20003 and subsequent. This difference has been coordinated with 
Transport Canada Civil Aviation (TCCA).

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 79 products of U.S. registry. We also estimate that 
it would take about 3 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these parts. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $20,145, or $255 per product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-1089; Directorate Identifier 
2011-NM-110-AD.

(a) Comments Due Date

    We must receive comments by March 26, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model BD-100-1A10 
(Challenger 300) airplanes, certificated in any category, serial 
numbers 20003 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of deformation found at the neck 
of the pressure regulator body on the oxygen cylinder and regulator 
assembly (CRA). We are issuing this AD to prevent elongation of the 
pressure regulator neck, which could result in rupture of the oxygen 
cylinder, and in the case of cabin depressurization, oxygen not 
being available when required.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Actions

    For airplanes having serial numbers 20003 through 20291 
inclusive: Within 750 flight hours, or within 6 months after the 
effective date of this AD, whichever occurs first, inspect oxygen 
pressure regulators having P/N 806370-06 or 806370-14, to determine 
the serial number, in accordance with paragraph 2.B.(2) of the 
Accomplishment Instructions of Bombardier Service Bulletin 100-35-
05, Revision 02, dated January 31, 2011.
    (1) If the serial number of the oxygen pressure regulator is 
listed in Table 2 of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, 
replace the affected oxygen CRA, in accordance with paragraph 2.C. 
of the Accomplishment Instructions of Bombardier Service Bulletin 
100-35-05, Revision 02, dated January 31, 2011.
    (2) If the serial number of the oxygen pressure regulator is not 
listed in Table 2 of the Accomplishment Instructions of Bombardier 
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, no 
further action is required by this paragraph.

(h) Parts Installation

    For all airplanes: As of the effective date of this AD, no 
person may install an oxygen pressure regulator (P/N 806370-06 or 
806370-14) having any serial number listed in Table 2 of Bombardier 
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, on 
any airplane, unless a suffix ``-A'' is beside the serial number.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to Attn: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, New York 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 local flight standards district office/certificate holding 
district office. The AMOC approval letter must specifically 
reference this AD.

[[Page 6527]]

    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-09, dated 
May 13, 2011; and Bombardier Service Bulletin 100-35-05, Revision 
02, dated January 31, 2011; for related information.

    Issued in Renton, Washington, on January 26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-2912 Filed 2-7-12; 8:45 am]
BILLING CODE 4910-13-P