[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51323-51325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18172]



[[Page 51323]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5459; Directorate Identifier 2015-NM-148-AD; 
Amendment 39-18597; AD 2016-15-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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

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 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 AD requires 
replacement of flexible relief hoses for the crew oxygen bottles with 
new metal design relief hoses. 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.

DATES: This AD is effective September 8, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 8, 
2016.

ADDRESSES: For service information identified in this final rule, 
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-2016-
5459.

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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: 

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 BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the 
Federal Register on April 12, 2016 (81 FR 21491) (``the NPRM''). The 
NPRM 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. The NPRM proposed to require replacement 
of flexible relief hoses for the crew oxygen bottles with new metal 
design relief hoses. 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.
    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://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5459.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public. We reviewed the relevant data and determined 
that air safety and the public interest require adopting this 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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; and
     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.

Costs of Compliance

    We estimate that this AD affects 73 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

[[Page 51324]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modification........................  3 work-hours x $85 per          $14,483          $14,738       $1,075,874
                                       hour = $255.
----------------------------------------------------------------------------------------------------------------

    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.

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):

2016-15-06 Bombardier, Inc.: Amendment 39-18597; Docket No. FAA-
2016-5459; Directorate Identifier 2015-NM-148-AD.

(a) Effective Date

    This AD is effective September 8, 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 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 on 
any airplane 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.

[[Page 51325]]

(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

    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.

(l) 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.
    (i) Bombardier, Inc. Service Bulletin 700-35-013, Revision 01, 
dated July 22, 2015.
    (ii) Bombardier, Inc. Service Bulletin 700-35-5001, Revision 01, 
dated July 22, 2015.
    (iii) Bombardier Service Bulletin 700-35-6001, Revision 01, 
dated July 22, 2015.
    (iv) Bombardier Service Bulletin 700-1A11-35-012, Revision 01, 
dated July 22, 2015.
    (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 July 21, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18172 Filed 8-3-16; 8:45 am]
BILLING CODE 4910-13-P