[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52179-52182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20959]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0823; Directorate Identifier 2014-NM-211-AD; 
Amendment 39-18249; AD 2015-17-16]
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-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by results of a design review 
indicating that the burst pressure of the flexible hose, used to vent 
oxygen from the high-pressure relief valve of the oxygen cylinder 
overboard, was lower than the opening pressure of the high-pressure 
relief valve, which could cause the flexible hose to burst before it 
can vent the excess oxygen overboard. This AD requires replacing the 
oxygen hose assembly with a new, improved assembly. We are issuing this 
AD to prevent the accumulation of oxygen in an enclosed space, which 
could result in an uncontrolled oxygen-fed fire if an ignition source 
is nearby.

DATES: This AD becomes effective October 2, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 2, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0823 or in person at the 
Docket Management Facility, U.S. Department of

[[Page 52180]]

Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
    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. You 
may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221. It 
is also available on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-0823.

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, NY 
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 by adding an AD that would apply to certain Bombardier, Inc. 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM 
published in the Federal Register on April 13, 2015 (80 FR 19570).
    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-36, dated October 17, 2014 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states:

    Design review found that the burst pressure of the flexible 
hose, used to vent oxygen from the high-pressure relief valve of the 
oxygen cylinder overboard, is lower than the opening pressure of the 
high-pressure relief valve. This could cause the flexible hose to 
burst before it is able to vent the excess oxygen overboard. If an 
ignition source is present, the accumulation of oxygen in an 
enclosed space may result in an uncontrolled oxygen-fed fire.
    This [Canadian] AD mandates the replacement of the oxygen hose 
assembly with a new design oxygen hose assembly.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0823-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (80 
FR 19570, April 13, 2015) and the FAA's response to each comment.

Request To Extend the Compliance Time

    Mesa Airlines asked that the compliance time specified in paragraph 
(g) of the NPRM (80 FR 19570, April 13, 2015) be changed. Mesa Airlines 
stated that the current compliance time would immediately ground 
airplanes on the effective date of the AD. Mesa Airlines asked that we 
change the compliance time to ``Within 6,000 flight hours, or within 44 
months after the effective date of this AD, whichever occurs first.'' 
Mesa Airlines added that this would allow for scheduling with heavy 
maintenance inspection and parts procurement.
    We partially agree with the request. We have changed the compliance 
time in paragraph (g) of this AD to ``Within 5,800 flight hours or 44 
months after the effective date of this AD, whichever occurs first.'' 
This change matches the compliance time in the MCAI, and will allow 
operators to remain in compliance.
    We do not agree that the compliance time should be extended to 
``Within 6,000 flight hours, or within 44 months after the effective 
date of this AD, whichever occurs first''. After considering all the 
available information, we have determined that the compliance time 
represents an appropriate interval of time in which the required 
actions can be performed in a timely manner within the affected fleet, 
while still maintaining an adequate level of safety. In developing an 
appropriate compliance time, we considered the safety implications, 
parts availability, and normal maintenance schedules for timely 
accomplishment of the replacement. However, if additional data are 
presented that would justify a longer compliance time, we may consider 
further rulemaking on this issue. We have not changed the AD in this 
regard.

Request To Refer To Revised Service Information

    Richard Rupslauskas asked that we include Bombardier Service 
Bulletin 601R-35-018, Revision A, in the NPRM (80 FR 19570, April 13, 
2015), and give credit for Bombardier Service Bulletin 601R-35-018, 
dated May 21, 2013. The commenter stated that Revision A should be 
distributed very soon, and added that no additional work will be 
required on aircraft that have had the modification incorporated using 
the original issue of the service information. The commenter added that 
the NPRM should recognize that either the original or Revision A of the 
service information is acceptable as a method of compliance.
    We do not agree to reference Bombardier Service Bulletin 601R-35-
018, Revision A, because that revision has not yet been issued. 
However, after Revision A is issued, affected operators may request 
approval to use that revision of the referenced service bulletin as an 
alternative method of compliance, under the provisions of paragraph 
(i)(1) of this AD.

Request To Include Parts Cost

    Richard Rupslauskas stated that the parts cost is $835 per 
airplane, and added that since 575 airplanes are affected, the total 
cost for parts is $480,125.
    We infer that the commenter wants the parts cost included in the 
``Costs of Compliance'' section of this AD. We agree to include the 
parts cost of $835 in that section. We have changed this AD 
accordingly.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (80 FR 19570, April 13, 2015) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 19570, April 13, 2015).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 601R-35-018, dated May 21, 
2013. The service information describes procedures for replacing the 
oxygen hose assembly with a new, improved assembly. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI. This service information is 
reasonably available because the interested parties have access to it

[[Page 52181]]

through their normal course of business or by the means identified in 
the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 575 airplanes of U.S. registry.
    We also estimate that it takes about 2 work-hours per product to 
comply with the basic requirements of this AD. Required parts will cost 
about $835 per product. The average labor rate is $85 per work-hour. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $577,875, or $1,005 per airplane.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0823; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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 (AD):

2015-17-16 Bombardier, Inc.: Amendment 39-18249. Docket No. FAA-
2015-0823; Directorate Identifier 2014-NM-211-AD.

(a) Effective Date

    This AD becomes effective October 2, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, 
serial numbers 7003 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by results of a design review indicating 
that the burst pressure of the flexible hose, used to vent oxygen 
from the high-pressure relief valve of the oxygen cylinder 
overboard, was lower than the opening pressure of the high-pressure 
relief valve, which could cause the flexible hose to burst before it 
can vent the excess oxygen overboard. We are issuing this AD to 
prevent the accumulation of oxygen in an enclosed space, which could 
result in an uncontrolled oxygen-fed fire if an ignition source is 
nearby.

(f) Compliance

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

(g) Replacement

    Within 5,800 flight hours or 44 months after the effective date 
of this AD, whichever occurs first: Replace all oxygen hose 
assemblies having part number (P/N) 38026-4-0280-000 with new, 
improved assemblies having P/N 601R44045-1, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-35-
018, dated May 21, 2013.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
oxygen hose assembly, P/N 38026-4-0280-000, on any airplane.

(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. Send information to ATTN: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 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 local flight standards district office/
certificate holding district office. The AMOC approval letter must 
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, 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.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2014-36, dated October 17, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2015-0823-0002.

 (k) 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.

[[Page 52182]]

    (i) Bombardier Service Bulletin 601R-35-018, dated May 21, 2013.
    (ii) Reserved.
    (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 view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 17, 2015.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-20959 Filed 8-27-15; 8:45 am]
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