[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28536-28538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13125]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1247; Product Identifier 2017-NM-085-AD; Amendment 
39-19316; AD 2018-13-04]
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-100-1A10 airplanes. This AD was prompted by 
a report indicating that certain lanyards for the passenger oxygen 
masks located in the airplane's entry area are too long. This AD 
requires replacement of certain oxygen mask lanyards with shorter 
lanyards. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective July 25, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 25, 
2018.

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 Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1247.

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-2017-
1247; 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: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 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 BD-100-1A10 airplanes. The NPRM published in the Federal Register 
on January 17, 2018 (83 FR 2373) (``the NPRM''). The NPRM was prompted 
by a report indicating that certain lanyards for the passenger oxygen 
masks located in the airplane's entry area are too long. The NPRM 
proposed to require replacement of certain oxygen mask lanyards with 
shorter lanyards. We are issuing this AD to detect and correct lanyards 
that are too long, which might result in difficulties starting the flow 
of oxygen in an emergency.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2017-22, dated June 23, 
2017 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain Bombardier, Inc., Model BD-100-1A10 airplanes. The MCAI states:

    Bombardier, Inc., has discovered that the entry area passenger 
oxygen mask lanyards are too long. Upon deployment during an 
emergency, this may result in difficulties to start the oxygen flow 
for tall individuals. This [Canadian] AD mandates the replacement of 
the existing entry area passenger oxygen mask lanyards with shorter 
ones for proper operation.

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-2017-
1247.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Match Compliance Time in the Service Information

    Bombardier noted that the compliance time in paragraph (g) of the 
proposed AD was ``Within 36 months after the effective date of this 
AD,'' whereas Bombardier Service Bulletin 100-35-08, dated April 11, 
2017, includes a compliance time of within ``36 months from this 
Service Bulletin release date (Basic Issue)''. We infer that the 
commenter is requesting that the compliance time in paragraph (g) of 
the proposed AD be changed to match what is in the service information.
    We do not agree with the commenter's request. In developing an 
appropriate compliance time for this AD, we considered the degree of 
urgency associated with addressing the unsafe condition and the 
manufacturer's recommendation for an appropriate compliance time, as 
well as the time required for the rulemaking process. In consideration 
of these factors, we find that the compliance time, as proposed, 
represents an appropriate interval in which to replace the affected 
oxygen mask lanyards, while still maintaining an adequate level of 
safety. Operators are always permitted to accomplish the requirements 
of an AD at a time earlier than the specified compliance time. We have 
not changed this AD regarding this issue.

Request To Correct Typographical Error

    Bombardier requested that a part number in paragraph (g) of the 
proposed AD be corrected. Paragraph (g) of the proposed AD specified 
the replacement of lanyards having a certain part number with new 
lanyards having part number P/N 289-65-10. The correct part number for 
the new lanyards is P/N 289-165-10.
    We agree with the commenter's request and have revised paragraph 
(g) of this AD to include the correct part number for the new lanyards, 
P/N 289-165-10, which is specified in Bombardier Service Bulletin 100-
35-08, dated April 11, 2017.

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 for correcting the unsafe condition; and

[[Page 28537]]

     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    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 100-35-08, dated April 11, 
2017. This service information describes procedures for replacing the 
lanyards in the passenger oxygen masks located in the passenger entry 
area. 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 187 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................           (\1\)              $85          $15,895
----------------------------------------------------------------------------------------------------------------
\1\ We have received no definitive data that will enable us to provide cost estimates for the required parts.

    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 available 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes to 
the Director of the System Oversight Division.

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):

2018-13-04 Bombardier, Inc. Amendment 39-19316; Docket No. FAA-2017-
1247; Product Identifier 2017-NM-085-AD.

(a) Effective Date

    This AD is effective July 25, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, serial numbers 20003 
through 20424 inclusive and 20426 through 20500 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report indicating that certain 
lanyards for the passenger oxygen masks located in the airplane's 
entry area are too long. The length of the oxygen mask lanyard might 
cause the safety pin tethered to the opposite end of the lanyard to 
remain engaged in the oxygen flow mechanism when the mask is pulled 
to the passenger's face. We are issuing this AD to detect and 
correct lanyards that are too long, which might result in 
difficulties starting the flow of oxygen in an emergency.

(f) Compliance

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

(g) Lanyard Replacement

    Within 36 months after the effective date of this AD: For any 
entry area passenger oxygen mask dispensing unit (POMDU) having part 
number (P/N) 833-830-01, replace the lanyards in the POMDU with new 
lanyards having P/N 289-165-10, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 100-35-
08, dated April 11, 2017.

(h) Other FAA AD Provisions

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

[[Page 28538]]

Branch, 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 manager of the certification office, 
send it to ATTN: Program Manager, Continuing Operational Safety, 
FAA, New York ACO Branch, 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.
    (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 
Branch, 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.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2017-22, dated June 23, 2017, 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-2017-1247.
    (2) For more information about this AD, contact Cesar Gomez, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone: 516-228-7318; fax: 516-794-5531.

(j) 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 Service Bulletin 100-35-08, dated April 11, 2017.
    (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 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on June 8, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-13125 Filed 6-19-18; 8:45 am]
 BILLING CODE 4910-13-P