[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Proposed Rules]
[Pages 57829-57831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23528]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / 
Proposed Rules  

[[Page 57829]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0725; Product Identifier 2019-NM-099-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes 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 report that easy removal 
of the portable oxygen bottle from its support bracket may not always 
be possible on certain installations. This proposed AD would require 
installation of a modified top bracket and new middle bracket on all 
affected portable oxygen bottle installations. The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December 
13, 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; phone: 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 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-
0725; 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; phone: 
516-228-7323; fax: 516-794-5531; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites 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-2019-0725; 
Product Identifier 2019-NM-099-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-18, dated May 10, 
2019 (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:

    Bombardier Inc. has discovered that easy removal of the portable 
oxygen bottle from its support bracket may not always be possible on 
some portable oxygen bottle installations due to the latch of the 
upper bracket assembly catching on the pressure gauge tube or on the 
pressure gauge bezel of the portable oxygen bottle. The portable 
oxygen bottle is required to be accessible for use by cabin crew 
members in emergency situations. This [Canadian] AD requires 
installation of a modified top bracket and new middle bracket on all 
affected portable oxygen bottle installations to improve portable 
oxygen bottle accessibility.

    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-
0725.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information. The 
service information describes procedures for installation of a modified 
top bracket and new middle bracket on all affected portable oxygen 
bottle installations. These documents are distinct since they apply to 
different airplane models in different configurations.
     Service Bulletin 700-1A11-35-013, dated July 3, 2018.
     Service Bulletin 700-35-014, dated July 3, 2018.
     Service Bulletin 700-35-5003, Revision 01, dated November 
23, 2018.
     Service Bulletin 700-35-6003, Revision 02, dated November 
23, 2018.
    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

[[Page 57830]]

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

    The FAA estimates that this proposed AD affects 108 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                      Parts cost            Cost per product      Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170     $1,575 per installation  $1,745 per installation  $188,460 per
 per installation.                                                                        installation.
----------------------------------------------------------------------------------------------------------------

    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. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the 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.
    The FAA is 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

    The FAA 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) Will not affect intrastate aviation in Alaska, and
    (3) 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-2019-0725; Product Identifier 2019-
NM-099-AD.

(a) Comments Due Date

    The FAA must receive comments by December 13, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Bombardier, Inc., airplanes, 
certificated in any category.
    (1) Model BD-700-1A10, serial numbers 9002, 9006 through 9010 
inclusive, 9012, 9016, 9018 through 9023 inclusive, 9029 through 
9031 inclusive, 9033, 9035 through 9037 inclusive, 9039 through 9048 
inclusive, 9058, 9059, 9061, 9063, 9066 through 9068 inclusive, 
9070, 9071, 9073 through 9075 inclusive, 9078, 9085, 9090, 9092, 
9093, 9097, 9105, 9106, 9108, 9112, 9121, 9122, 9124, 9137, 9139, 
9143, 9145, 9153, 9167, 9177, 9181, 9183, 9185, 9187, 9191, 9203, 
9205, 9210, 9223, 9234, 9236, 9244, 9250, 9264, 9270, 9272, 9283, 
9286, 9294, 9304, 9312, 9314, 9326, 9333, 9364, 9368, 9378, 9381, 
9388, 9407, 9419, 9438, 9460, 9470, 9475, 9478, 9479, 9481, 9484, 
9485, 9499, 9524, 9529, 9530, 9533, 9538, 9551, 9553, 9568, 9598, 
9615, 9624, 9632, 9638, 9640, 9641, 9648, 9657, 9670, 9680, 9682, 
9689, 9700, 9706, 9723, 9726, 9730, 9731, 9745, 9752, 9753, 9757, 
9759, 9773, 9775, 9804, 9814, 9816, and 9817.
    (2) Model BD-700-1A11, serial numbers 9176, 9178, 9182, 9207, 
9212, 9216, 9217, 9227, 9255, 9285, 9376, 9389, 9401, 9427, 9480, 
9483, 9498, 9513, 9531, 9536, 9555, 9558, 9569, 9581, 9589, 9592, 
9597, 9613, 9618, 9660, 9710, 9722, 9732, 9734, 9737, 9768, 9777, 
and 9790.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that easy removal of the 
portable oxygen bottle from its support bracket may not always be 
possible on certain installations. The FAA is issuing this AD to 
address inaccessible portable oxygen bottles, which may not be 
available to the flightcrew in emergency situations.

(f) Compliance

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

(g) Definition

    For the purposes of this AD, an affected portable oxygen bottle 
installation is defined as one that is installed in any of the 
airplanes specified in paragraphs (c)(1) and (2) of this AD.

[[Page 57831]]

(h) Installation of Modified Top Bracket and New Middle Bracket

    Within 60 months after the effective date of this AD, install a 
modified top bracket and new middle bracket on all affected portable 
oxygen bottle installations in accordance with paragraph 2.B. of the 
Accomplishment Instructions of the applicable service information 
specified in figure 1 to paragraph (h) of this AD.
[GRAPHIC] [TIFF OMITTED] TP29OC19.000

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 700-35-5003, dated 
July 3, 2018; or Bombardier Service Bulletin 700-35-6003, dated July 
3, 2018; or Bombardier Service Bulletin 700-35-6003, Revision 01, 
dated September 5, 2018; as applicable.

(j) 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; phone: 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-18, dated May 10, 2019, 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-2019-0725.
    (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; phone: 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; phone: 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 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 October 22, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-23528 Filed 10-28-19; 8:45 am]
 BILLING CODE 4910-13-P