[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Proposed Rules]
[Pages 21491-21493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08270]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5459; Directorate Identifier 2015-NM-148-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. 
This proposed AD was prompted by a design review, which 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 pressure 
difference could cause the flexible hose to burst before it is able to 
vent excess oxygen overboard. This proposed AD would require 
replacement of flexible relief hoses for the crew oxygen bottles with 
new metal design relief hoses. We are proposing this AD to prevent the 
accumulation of excess oxygen in an enclosed space, which could, if 
near a source of ignition, cause an uncontrolled oxygen-fed fire.

DATES: We must receive comments on this proposed AD by May 27, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 NPRM, 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5459; 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 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: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7303; 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-2016-5459; 
Directorate Identifier 2015-NM-148-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

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-25, dated September 10, 2015 (referred to after this 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. The MCAI states:

    A 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 
[flexible] hose assembly with a new design oxygen [metal] hose 
assembly.

    You may examine the MCAI in the AD docket on the Internet at http:/
/

[[Page 21492]]

www.regulations.gov by searching for and locating Docket No. FAA-2016-
5459.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued the following service information:
     Service Bulletin 700-35-013, Revision 01, dated July 22, 
2015;
     Service Bulletin 700-35-5001, Revision 01, dated July 22, 
2015;
     Service Bulletin 700-35-6001, Revision 01, dated July 22, 
2015;
     Service Bulletin 700-1A11-35-012, Revision 01, dated July 
22, 2015.
    The service information describes procedures to replace the 
flexible oxygen hoses with metal hoses. 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.

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.

Costs of Compliance

    We estimate that this proposed AD affects 73 airplanes of U.S. 
registry.
    We also estimate that it will 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 
$14,483 per product. Based on these figures, we estimate the cost of 
this proposed AD on U.S. operators to be $1,075,874, or $14,738 per 
product.
    According to the manufacturer, some of the costs of this proposed 
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 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.

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

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):

Bombardier, Inc.: Docket No. FAA-2016-5459; Directorate Identifier 
2015-NM-148-AD.

(a) Comments Due Date

    We must receive comments by May 27, 2016.

(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, having serial 
numbers (S/Ns) 9002 through 9704 inclusive and 9998.

(d) Subject

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

(e) Reason

    This AD was prompted by a design review, which 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 
pressure difference could cause the flexible hose to burst before it 
is able to vent excess oxygen overboard. We are issuing this AD to 
prevent the accumulation of excess oxygen in an enclosed space, 
which could, if near a source of ignition, cause an uncontrolled 
oxygen-fed fire.

(f) Compliance

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

(g) Modification

    Within 2,500 flight hours or 42 months, whichever occurs first, 
after the effective date of this AD, incorporate Bombardier Modsum 
R700T400542 by replacing the oxygen flexible relief hoses for the 
crew oxygen bottles with new metal design hoses, in accordance with 
the Accomplishment Instructions of the applicable service 
information specified in paragraphs (g)(1) through (g)(4) of this 
AD. Airplanes with serial numbers listed in table 1 of paragraph 1, 
``Planning information,'' of the service information specified in 
paragraphs (g)(2) and (g)(4) of this AD have incorporated Modsum 
R700T400542 and meet the requirements of this paragraph.
    (1) For Model BD-700-1A10 airplanes having S/Ns 9002 through 
9312 inclusive, 9314 through 9380 inclusive, and 9384 through 9429 
inclusive: Bombardier Service Bulletin 700-35-013, Revision 01, 
dated July 22, 2015.
    (2) For Model BD-700-1A10 airplanes having S/Ns 9313, 9381, and 
9432 through 9704 inclusive: Bombardier Service Bulletin 700-35-
6001, Revision 01, dated July 22, 2015.
    (3) For Model BD-700-1A11 airplanes having S/Ns 9127 through 
9383 inclusive, 9389 through 9400 inclusive, 9404 through 9431 
inclusive, and 9998: Bombardier Service Bulletin 700-1A11-35-012, 
Revision 01, dated July 22, 2015.
    (4) For Model BD-700-1A11 airplanes having S/Ns 9386, 9401, and 
9445 through

[[Page 21493]]

9702 inclusive: Bombardier Service Bulletin 700-35-5001, Revision 
01, dated July 22, 2015.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install 
oxygen hoses in the low pressure/high pressure discharge system with 
part numbers listed in the ``Used Part No.'' column of Section 3.A, 
``Kit,'' of the applicable service information specified in 
paragraphs (g)(1) through (g)(4) 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 the applicable service information identified 
in paragraphs (i)(1) through (i)(4) of this AD, which are not 
incorporated by reference in this AD.
    (1) Bombardier Service Bulletin 700-35-013, dated February 20, 
2015;
    (2) Bombardier Service Bulletin 700-35-5001, dated February 20, 
2015;
    (3) Bombardier Service Bulletin 700-35-6001, dated February 20, 
2015; and
    (4) Bombardier Service Bulletin 700-1A11-35-012, dated February 
20, 2015.

(j) 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, 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2015-25, dated September 
10, 2015, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-5459.
    (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. 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.

    Issued in Renton, Washington, on March 30, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-08270 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-13-P