[Federal Register Volume 84, Number 112 (Tuesday, June 11, 2019)]
[Proposed Rules]
[Pages 27042-27044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11831]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 84, No. 112 / Tuesday, June 11, 2019 / 
Proposed Rules  

[[Page 27042]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0327; Product Identifier 2019-NM-021-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series 100 & 
440); Model CL-600-2C10 (Regional Jet Series 700, 701 & 702); Model CL-
600-2D15 (Regional Jet Series 705); Model CL-600-2D24 (Regional Jet 
Series 900); and Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes. This proposed AD was prompted by reports of incorrect 
deployment of forward and aft flight attendant oxygen masks. This 
proposed AD would require repacking the flight attendant and lavatory 
oxygen box assemblies as applicable, replacing the placards, and re-
identifying the assemblies. We are proposing this AD to address the 
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by July 26, 2019.

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: Deliver to Mail address above 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; Widebody Customer Response Center North America toll-
free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; 
fax 514-855-7401; email [email protected]; internet http://www.bombardier.com. 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.

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-2019-
0327; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Darren Gassetto, Aerospace Engineer, 
Mechanical Systems and Administrative Services Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7323; fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0327; 
Product Identifier 2019-NM-021-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-03, dated January 
19, 2018 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Model CL-600-2B19 (Regional Jet Series 100 & 
440); Model CL-600-2C10 (Regional Jet Series 700, 701 & 702); Model CL-
600-2D15 (Regional Jet Series 705); Model CL-600-2D24 (Regional Jet 
Series 900); and Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes. The MCAI states:

    After an in-service cabin oxygen masks deployment on a CL-600-
2D24 aeroplane, the crew noted that the forward and aft flight 
attendant oxygen masks did not deploy correctly. The oxygen hoses 
were tangled with the pull lanyard and cordage from the oxygen box 
assemblies. Investigation found the same condition on other 
aeroplanes. The similarly designed lavatory oxygen box assembly is 
also affected. It was determined that packing instructions for these 
oxygen box assemblies were incorrect. If not corrected, 
inappropriately packed oxygen box assemblies resulting in 
incorrectly deployed oxygen masks can cause occupant distress and 
delayed access to oxygen supply during a high altitude emergency.
    This [Canadian] AD mandates the repacking of the forward flight 
attendant, aft flight attendant, and lavatory oxygen box assemblies 
[as applicable] and the installation of a revised packaging placard.

    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-2019-
0327.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information:
     Service Bulletin 601R-35-021, dated October 30, 2017, 
which describes procedures for repacking the lavatory oxygen box 
assembly, replacing the placards, and re-identifying the assembly.
     Service Bulletin 670BA-35-015, dated October 30, 2017, 
which describes procedures for repacking the flight attendant and 
lavatory oxygen box assemblies, replacing the placards, and re-
identifying the assemblies.

[[Page 27043]]

    These documents are distinct since they apply to different airplane 
models. 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

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 539 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................            $100             $525         $282,975
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all 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 known 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 proposed 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 and associated appliances to the 
Director of the System Oversight Division.

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-2019-0327; Product Identifier 2019-
NM-021-AD.

(a) Comments Due Date

    We must receive comments by July 26, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., airplanes, certificated in 
any category, identified in paragraphs (c)(1) through (c)(4) of this 
AD.
    (1) Model CL-600-2B19 (Regional Jet Series 100 & 440), serial 
numbers (S/N) 7003 and subsequent.
    (2) Model CL-600-2C10 (Regional Jet Series 700, 701 & 702), S/N 
10003 and subsequent.
    (3) Model CL-600-2D15 (Regional Jet Series 705) and Model CL-
600-2D24 (Regional Jet Series 900), S/N 15001 and subsequent.
    (4) Model CL-600-2E25 (Regional Jet Series 1000), S/N 19001 and 
subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of incorrect deployment of the 
forward and aft flight attendant oxygen masks. We are issuing this 
AD to address incorrect packing of the flight attendant and lavatory 
oxygen box assemblies, which could result in incorrectly deployed 
oxygen masks, and cause occupant distress and delayed access to 
oxygen supply during a high altitude emergency.

(f) Compliance

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

(g) Repacking and Modification of Oxygen Box Assemblies

    (1) For Model CL-600-2B19 airplanes equipped with oxygen box 
assembly part number (P/N) 3868301 or 3868302 with C&D

[[Page 27044]]

Zodiac Aerospace Service Bulletin 3868303-25-A-01 installed, or P/N 
3868303: Within 8,800 flight hours or 48 months, whichever is first, 
after the effective date of this AD, repack the assembly, replace 
the packaging placard, and re-identify the assembly, in accordance 
with paragraphs 2.A. and 2.B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-35-021, dated October 30, 2017.
    (2) For airplane Model CL-600-2C10, S/N 10003 through 10346 
inclusive; Models CL-600-2D15 and CL-600-2D24, S/N 15001 through 
15436 inclusive; and Model CL-600-2E25, S/N 19001 through 19055 
inclusive; equipped with oxygen box assembly P/N 9324601[ ]505/507/
509/511, 9324614[ ]505/509, D114601[ ]501/503/505/507/509, D114602[ 
]503/507/511, or D114603[ ]501 (where ``[ ]'' indicates the 
d[eacute]cor finish code letters): Within 8,800 flight hours or 48 
months, whichever is first, after the effective date of this AD, 
repack the assembly, replace the packaging placard, and re-identify 
the assembly in accordance with paragraphs 2.A. and 2.B. of the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-35-
015, dated October 30, 2017.

(h) Operational Limitation

    For Model CL-600-2C10, CL-600-2D15, CL-600-2D24, and CL-600-2E25 
airplanes: After accomplishment of the actions required by paragraph 
(g)(2) of this AD, if applicable, or within 30 days after the 
effective date of this AD, whichever is later, no one may operate 
any airplane with oxygen box assemblies packed using Bombardier 
Aircraft Maintenance Manual (AMM) task 35-21-13-860-802, ``Repack 
and Stowage of the Flight Attendant Oxygen Mask,'' or 35-21-17-860-
802, ``Repack of the Passenger Mask in the Lavatory.''

    Note 1 to paragraph (h): The AMM tasks identified in paragraph 
(h) of this AD have been superseded by AMM tasks 35-21-13-860-804, 
``Repack and Stowage of the Forward and Aft Flight Attendant Oxygen-
Mask,'' 35-21-13-860-806, ``Repack and Stowage of the Third Flight 
Attendant Oxygen-Mask,'' and 35-21-17-860-803, ``Repack of the 
Passenger Mask in the Lavatory.''

(i) Other FAA AD Provisions

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

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-03, dated January 19, 2018, 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-2019-0327.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Mechanical Systems and Administrative Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7323; fax 516-794-5531; email 
[email protected].
    (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; Widebody Customer Response Center 
North America toll-free telephone 1-866-538-1247 or direct-dial 
telephone 1-514-855-2999; fax 514-855-7401; email 
[email protected]; internet http://www.bombardier.com. 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.

    Issued in Des Moines, Washington, on May 29, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-11831 Filed 6-10-19; 8:45 am]
BILLING CODE 4910-13-P