[Federal Register Volume 77, Number 33 (Friday, February 17, 2012)]
[Rules and Regulations]
[Pages 9520-9521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2974]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1092; Directorate Identifier 2011-NM-111-AD; 
Amendment 39-16946; AD 2012-03-05]
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: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. This AD 
was prompted by a report of deformation at the neck of the pressure 
regulator body on certain oxygen cylinder and regulator assemblies 
(CRA). This AD requires an inspection to determine if a certain oxygen 
CRA is installed and the replacement of oxygen CRAs containing pressure 
regulators having a certain part number. 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.

DATES: This AD becomes effective March 23, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 23, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

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: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 26, 2011 (76 
FR 66198). The MCAI states:

    During a routine inspection, deformation was found at the neck 
of the pressure regulator body on the oxygen Cylinder and Regulator 
Assemblies (CRA).
    An investigation by the vendor, Avox Systems Inc., revealed that 
the deformation was attributed to two (2) batches of raw material 
that did not meet the required tensile strength. This may cause 
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.
    This [Canadian] directive mandates [an inspection to determine 
if a certain oxygen CRA is installed and] the replacement of oxygen 
CRAs containing pressure regulators, part number (P/N) 806370-06, 
that do not meet the required material properties.

    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 66198, October 26, 
2011), or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (76 FR 66198, October 26, 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 66198, October 26, 2011).

Costs of Compliance

    We estimate that this AD will affect 39 products of U.S. registry. 
We also estimate that it will take about 10 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 this AD to the U.S. operators 
to be $33,150, or $850 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 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. 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 AD and placed it in the AD docket.

[[Page 9521]]

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 the NPRM (76 FR 66198, October 26, 
2011), 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.

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 AD:

2012-03-05 Bombardier, Inc.: Amendment 39-16946. Docket No. FAA-
2011-1092; Directorate Identifier 2011-NM-111-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 23, 
2012.

(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 (S/
N) 9002 through 9126 inclusive, 9128 through 9312 inclusive, 9314 
through 9322 inclusive, 9324 through 9335 inclusive, 9337, 9338, 
9340, 9341, 9343, 9344, 9346, 9347, 9350, 9353, 9355, 9356, 9358, 
9361, 9365, 9372, 9374, 9384, 9402, 9403, and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of deformation at the neck of 
the pressure regulator body on certain oxygen cylinder and regulator 
assemblies (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 S/N 9002 through 9126 inclusive, 9128 
through 9312 inclusive, 9314 through 9322 inclusive, 9324 through 
9335 inclusive, 9337, 9338, 9340, 9341, 9343, 9344, 9346, 9347, 
9350, 9353, 9355, 9356, 9358, 9361, 9365, 9372, 9374, 9384, 9402, 
and 9403: Within 7 months after the effective date of this AD, do an 
inspection of oxygen pressure regulators having P/N 806370-06 to 
determine if the serial number is listed in Table 2 of the 
Accomplishment Instructions of Bombardier Service Bulletin 700-35-
011 (for Model BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model 
BD-700-1A11 airplanes), both Revision 01, both dated February 1, 
2011.
    (1) If the serial number of the pressure regulator having P/N 
806370-06 is listed in Table 2 of the Accomplishment Instructions of 
Bombardier Service Bulletin 700-35-011 (for Model BD-700-1A10 
airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 airplanes), 
both Revision 01, both dated February 1, 2011: Within 7 months after 
the effective date of this AD, replace the affected oxygen CRA, in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
Bombardier Service Bulletin 700-35-011 (for Model BD-700-1A10 
airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 airplanes), 
both Revision 01, both dated February 1, 2011.
    (2) If the serial number of the oxygen pressure regulator having 
P/N 806370-06 is not listed in Table 2 of the Accomplishment 
Instructions of Bombardier Service Bulletin 700-35-011 (for Model 
BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 
airplanes), both Revision 01, both dated February 1, 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) 
having any serial number listed in Table 2 of the Accomplishment 
Instructions of Bombardier Service Bulletin 700-35-011 (for Model 
BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 
airplanes), both Revision 01, both dated February 1, 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.
    (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-2011-10, dated 
May 13, 2011, and the service bulletins specified in paragraphs 
(j)(1) and (j)(2) of this AD, for related information.
    (1) Bombardier Service Bulletin 700-35-011, Revision 01, dated 
February 1, 2011.
    (2) Bombardier Service Bulletin 700-1A11-35-010, Revision 01, 
dated February 1, 2011.

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Bombardier Service Bulletin 700-35-011, Revision 01, dated 
February 1, 2011.
    (ii) Bombardier Service Bulletin 700-1A11-35-010, Revision 01, 
dated February 1, 2011.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-2974 Filed 2-16-12; 8:45 am]
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