[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6752-6754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02197]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0725; Product Identifier 2019-NM-099-AD; Amendment 
39-19829; AD 2020-02-15]
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: The FAA is 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 report that easy removal of the portable 
oxygen bottle from its support bracket may not always be possible on 
certain installations. This AD requires installation of a modified top 
bracket and new middle bracket on all affected portable oxygen bottle 
installations. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 12, 
2020.

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; 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0725.

Examining the AD Docket

    You may examine the AD docket on the internet at https://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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is 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: 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:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-18, dated May 10, 
2019 (``Canadian AD CF-2019-18'') (also referred to 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. You may examine the MCAI in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0725.
    The FAA 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 October 29, 2019 (84 FR 57829). The NPRM 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 NPRM proposed to require installation of a modified 
top bracket and new middle bracket on all affected portable oxygen 
bottle installations. The FAA is issuing this AD to address 
inaccessible

[[Page 6753]]

portable oxygen bottles, which may not be available to the flightcrew 
in emergency situations. See the MCAI for additional background 
information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule as proposed, 
except for minor editorial changes. The FAA has determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing 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 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.

Costs of Compliance

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

                                       Estimated Costs for Required Action
----------------------------------------------------------------------------------------------------------------
              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 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.

Regulatory Findings

    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) 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.

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):

2020-02-15 Bombardier, Inc.: Amendment 39-19829; Docket No. FAA-
2019-0725; Product Identifier 2019-NM-099-AD.

(a) Effective Date

    This AD is effective March 12, 2020.

(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.

[[Page 6754]]

(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.

(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] TR06FE20.008

(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 https://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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (4) of this AD.

(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 Service Bulletin 700-1A11-35-013, dated July 3, 
2018.
    (ii) Bombardier Service Bulletin 700-35-014, dated July 3, 2018.
    (iii) Bombardier Service Bulletin 700-35-5003, Revision 01, 
dated November 23, 2018.
    (iv) Bombardier Service Bulletin 700-35-6003, Revision 02, dated 
November 23, 2018.
    (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.
    (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 24, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-02197 Filed 2-5-20; 8:45 am]
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