[Federal Register Volume 77, Number 210 (Tuesday, October 30, 2012)]
[Rules and Regulations]
[Pages 65615-65617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26075]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0146; Directorate Identifier 2011-NM-115-AD; 
Amendment 39-17227; AD 2012-21-11]
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 CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 
Variants) airplanes. This AD was prompted by reports of deformation at 
the neck of the pressure regulator body on the oxygen cylinder and 
regulator assemblies (CRAs), and an electrical wiring harness in the 
area of the oxygen cylinder with no protective conduit sleeving. This 
AD requires inspecting to determine if certain oxygen pressure 
regulators are installed and replacing oxygen CRAs containing pressure 
regulators that do not meet the required material properties. This AD 
also requires inspecting for damaged wiring, and repairing or replacing 
wiring if necessary. We are issuing this AD to prevent rupture of the 
oxygen cylinder, which in the case of cabin depressurization, would 
lead to oxygen not being available when required; and to detect and 
correct unprotected wiring that could chafe against the oxygen system 
components or surrounding structure in the area, and lead to electrical 
arcing and an oxygen-fed fire.

DATES: This AD becomes effective December 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of December 4, 
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 (ACO), 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 February 22, 2012 
(77 FR 10413). That NPRM proposed to correct an unsafe condition for 
the specified products. 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) of a BD-700-1A11 aeroplane.
    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 would not be available when required.
    Although there have been no reported failures to date on any CL-
600-2B16 aeroplanes, oxygen pressure regulators, Part Numbers (P/N) 
806370-12, could be part of the affected batches.
    It has also been found that the electrical wiring harness in the 
area of the oxygen cylinder has been installed without protection. 
Unprotected wiring could chafe against the oxygen system components 
or surrounding structure in the area, which could lead to electrical 
arcing and an oxygen fed fire.
    This [Transport Canada Civil Aviation (TCCA)] directive mandates 
[an inspection to determine if a certain oxygen CRA is installed 
and] the replacement of oxygen CRAs containing pressure regulators 
that do not meet the required material properties and to [do a 
general visual inspection of] and protect the affected wiring.

    Corrective actions include repairing or replacing any damaged 
wiring. 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 considered the comment received.

Request To Limit Applicability

    Bombardier requested that we remove the CL-601-3A and -3R Variants 
of Model CL-600-2B16 airplanes from the

[[Page 65616]]

applicability of the NPRM (77 FR 10413, February 22, 2012), because the 
serial numbers identified in the MCAI include only the CL-604 Variant 
of Model CL-600-2B16 airplanes.
    We do not agree to remove the CL-601-3A and -3R Variants of Model 
CL-600-2B16 airplanes from the applicability of this AD. The commenter 
is correct that the serial number range captures only the CL-604 
Variant. However, we included the other variants in the applicability 
of this AD to prevent someone from installing the affected parts on 
those other variants in the future. We have coordinated this difference 
with TCCA.
    To make this intent more visible, we have added ``CL-604 Variant'' 
to the heading and first sentence of paragraphs (g) and (h) of this AD, 
and ``All Airplanes'' and ``CL-601-3A, CL-601-3R, and CL-604 Variants'' 
to the heading and first sentence respectively of paragraph (j) of this 
AD.

Explanation of Additional Change Made to This AD

    We have revised the heading for and the wording in paragraph (i) of 
this AD; this change has not affected the intent of that paragraph.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We have determined that these 
changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 10413, February 22, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 10413, February 22, 2012).

Costs of Compliance

    We estimate that this AD will affect about 72 products of U.S. 
registry. We also estimate that it will take about 1 work-hour per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $6,120, or $85 per 
product.
    In addition, we estimate that certain follow-on actions (wiring 
protection) would take about 2 work-hours and require parts costing $0, 
for a cost of $170 per product. We have no way of determining the 
number of products that may need these actions.
    We have received no definitive data that would enable us to provide 
cost estimates for certain other on-condition actions (repairing or 
replacing damaged wiring) specified in this AD.

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.

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 (77 FR 10413, February 22, 
2012), 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:

2012-21-11 Bombardier, Inc.: Amendment 39-17227. Docket No. FAA-
2012-0146; Directorate Identifier 2011-NM-115-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 4, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B16 (CL-601-
3A, CL-601-3R, and CL-604 Variants) airplanes, certificated in any 
category; serial numbers 5701 through 5802 inclusive, 5804 through 
5808 inclusive, 5810 through 5816 inclusive, 5819, 5822, and 5823 
and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Codes 24, Electrical 
power; and 35, Oxygen.

(e) Reason

    This AD was prompted by reports of deformation at the neck of 
the pressure regulator body on the oxygen cylinder and regulator 
assemblies (CRAs), and an electrical wiring harness in the area of 
the oxygen cylinder with no protective conduit sleeving. We are 
issuing this AD to prevent rupture of the oxygen cylinder, which in 
the case of cabin depressurization, would lead to oxygen not being 
available when required; and to detect and correct unprotected 
wiring that could chafe against the oxygen system components or 
surrounding structure in the area, and lead to electrical arcing and 
an oxygen-fed fire.

(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.

[[Page 65617]]

(g) Inspection and Replacement of Oxygen CRA, CL-604 Variant

    For CL-604 Variant airplanes with serial numbers 5701 through 
5802 inclusive, 5804 through 5808 inclusive, 5810 through 5816 
inclusive, 5819, 5822, and 5823: Within 750 flight hours after the 
effective date of this AD, but no later than 6 months after the 
effective date of this AD, inspect the serial number of oxygen 
pressure regulators having part number (P/N) 806370-12, in 
accordance with the Accomplishment Instructions, paragraph 2.B.(3), 
of Bombardier Service Bulletin 605-35-001, Revision 01, dated 
February 28, 2011. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number of the 
oxygen pressure regulator can be conclusively determined from that 
review.
    (1) If any serial number is found that is listed in table 2 of 
Section 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 605-35-001, Revision 01, dated February 28, 2011, 
before further flight, replace the affected oxygen CRA, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 605-35-001, Revision 01, dated February 28, 2011.
    (2) If any serial number is found that is not listed in table 2 
of Section 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 605-35-001, Revision 01, dated February 28, 2011, 
no further action is required by this paragraph.

(h) Inspection and Corrective Action of the Oxygen CRA Wiring Harness, 
CL-604 Variant

    For CL-604 Variant airplanes with serial numbers 5701 through 
5778 inclusive, 5780 through 5796 inclusive, 5798, 5800 through 5802 
inclusive, 5804, 5805, 5808, 5811, and 5813: At the applicable 
compliance time specified in paragraph (h)(1) or (h)(2) of this AD, 
do a detailed inspection for damaged wiring (i.e., signs of damaged 
insulation, abrasion, or chafing) of the electrical wiring harness 
for the oxygen CRA, and protect the electrical wiring harness, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 605-24-005, dated January 31, 2011. If any damaged 
wiring is found, before further flight, repair or replace any 
damaged wiring, in accordance with a method approved by the Manager, 
New York Aircraft Certification Office (ACO), FAA; or Transport 
Canada Civil Aviation (TCCA) (or its delegated agent).
    (1) For airplanes on which the oxygen CRA must be replaced, as 
required by paragraph (g)(1) of this AD: At the time the oxygen CRA 
is replaced.
    (2) For airplanes other than those identified in paragraph 
(h)(1) of this AD: Within 800 flight hours after the effective date 
of this AD.

(i) 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 Bombardier Service Bulletin 605-35-001, dated 
January 31, 2011.

(j) Parts Installation Limitation, All Airplanes

    For all airplanes (CL-601-3A, CL-601-3R, and CL-604 Variants): 
As of the effective date of this AD, no person may install an oxygen 
pressure regulator (P/N 806370-12) having any serial number listed 
in table 2 of Section 2.B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 605-35-001, Revision 01, dated February 
28, 2011, on any airplane, unless a suffix ``-A'' is beside the 
serial number.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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.

(l) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-11, dated 
May 25, 2011, and the service bulletins identified in paragraphs 
(l)(1) and (l)(2) of this AD, for related information.
    (1) Bombardier Service Bulletin 605-24-005, dated January 31, 
2011.
    (2) Bombardier Service Bulletin 605-35-001, Revision 01, dated 
February 28, 2011.

(m) Material Incorporated by Reference

    (1) 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.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 605-24-005, dated January 31, 
2011.
    (ii) Bombardier Service Bulletin 605-35-001, Revision 01, dated 
February 28, 2011.
    (3) 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.
    (4) 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.
    (5) 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/cfr/ibr-locations.html.


    Issued in Renton, Washington, on October 11, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26075 Filed 10-29-12; 8:45 am]
BILLING CODE 4910-13-P