42708 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0548; Directorate 

Identifier 2013–NM–008–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Bombardier, Inc. Model BD– 

700–1A11 airplanes. The NPRM 

proposed to require replacement of 

certain oxygen mask lanyards. The 

NPRM was prompted by a report that 

certain lanyards for the passenger 

oxygen masks are longer than the 

specified length, possibly leading to 

inactive oxygen masks in an emergency. 

This action revises the NPRM by 

proposing to require revised service 

information with corrected instructions. 

We are proposing this AD to detect and 

correct lanyards of incorrect length, 

which might not activate the flow of 

oxygen in an emergency, resulting in 

injury to passengers. Since these actions 

impose an additional burden over that 

proposed in the NPRM, we are 

reopening the comment period to allow 

the public the chance to comment on 

these proposed changes. 

DATES: We must receive comments on 

this proposed AD by September 8, 2014. 

ADDRESSES: You may send comments 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: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., 400 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email 

thd.crj@aero.bombardier.com; Internet 

http://www.bombardier.com. You may 

review 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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

Mandatory Continuing Airworthiness 

Information (MCAI), the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Cesar Gomez, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone (516) 228–7318; 

fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0548; Directorate Identifier 

2013–NM–008–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on 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 proposed AD. 

Discussion 

We issued an NPRM to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Bombardier, Inc. Model 

BD–700–1A11 airplanes. The NPRM 

published in the Federal Register on 

July 18, 2013 (78 FR 42893). The NPRM 

proposed to require replacement of 

certain oxygen mask lanyards. 

Actions Since Previous NPRM Was 

Issued 

Since we issued the NPRM (78 FR 

42893, July 18, 2013), the airplane 

manufacturer found that the service 

information cited in the NPRM had 

information that caused some airplanes 

to not be corrected. Also, we have 

identified an additional Supplemental 

Type Certificate that is affected by the 

identified unsafe condition. 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2012–31R1, 

dated September 17, 2013 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products, because the 

previous MCAI referred to the faulty 

service information. The MCAI states: 

The aeroplane manufacturer has 

determined that the Oxygen Dispensing Unit 

(ODU) lanyards, in several locations 

throughout the aeroplane cabin, are 

excessively long. In an emergency situation 

where oxygen is required, it is possible that 

certain occupants may put their oxygen mask 

on without automatically activating the 

oxygen flow which could result in a fatal 

injury. 

The original issue of this [TCCA] AD 

mandated the replacement of the existing 

ODU lanyards with lanyards of the correct 

length. 

After the issuance of the original [TCCA] 

AD, the aeroplane manufacturer discovered 

that operators had not replaced all of the 

affected ODU lanyards due to 

misinterpretation of the accomplishment 

instructions of the Basic Issue of SB 700– 

1A11–35–009. Revision 1 of this [TCCA] AD 

is issued to mandate the incorporation of the 

revised SB with clarified accomplishment 

instructions. 

You may obtain further information by 

examining the MCAI in the AD docket 

on the Internet at http://www.

regulations.gov/#!documentDetail;D=F

AA-2013-0548-0002. 

Relevant Service Information 

Bombardier, Inc. has issued Service 

Bulletin 700–1A11–35–009, Revision 

02, dated May 28, 2013. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

Comments 

We gave the public the opportunity to 

comment on the NPRM (78 FR 42893, 

July 18, 2013). We received no 

comments on the NPRM or on the 

determination of the cost to the public. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

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Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 42709 

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 pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Certain changes described above 

expand the scope of the NPRM (78 FR 

42893, July 18, 2013). As a result, we 

have determined that it is necessary to 

reopen the comment period to provide 

additional opportunity for the public to 

comment on this proposed AD. 

‘‘Contacting the Manufacturer’’ 

Paragraph in This Proposed AD 

Since late 2006, we have included a 

standard paragraph titled ‘‘Airworthy 

Product’’ in all MCAI ADs in which the 

FAA develops an AD based on a foreign 

authority’s AD. 

The MCAI or referenced service 

information in an FAA AD often directs 

the owner/operator to contact the 

manufacturer for corrective actions, 

such as a repair. Briefly, the Airworthy 

Product paragraph allowed owners/ 

operators to use corrective actions 

provided by the manufacturer if those 

actions were FAA-approved. In 

addition, the paragraph stated that any 

actions approved by the State of Design 

Authority (or its delegated agent) are 

considered to be FAA-approved. 

In another NPRM, Directorate 

Identifier 2012–NM–101–AD (78 FR 

78285, December 26, 2013), we 

proposed to prevent the use of repairs 

that were not specifically developed to 

correct the unsafe condition, by 

requiring that the repair approval 

provided by the State of Design 

Authority or its delegated agent 

specifically refer to the FAA AD. This 

change was intended to clarify the 

method of compliance and to provide 

operators with better visibility of repairs 

that are specifically developed and 

approved to correct the unsafe 

condition. In addition, we proposed to 

change the phrase ‘‘its delegated agent’’ 

to include a design approval holder 

(DAH) with State of Design Authority 

design organization approval (DOA), as 

applicable, to refer to a DAH authorized 

to approve required repairs for the 

proposed AD. 

One commenter to the other NPRM, 

Directorate Identifier 2012–NM–101–AD 

(78 FR 78285, December 26, 2013), 

stated the following: ‘‘The proposed 

wording, being specific to repairs, 

eliminates the interpretation that Airbus 

messages are acceptable for approving 

minor deviations (corrective actions) 

needed during accomplishment of an 

AD mandated Airbus service bulletin.’’ 

This comment has made the FAA 

aware that some operators have 

misunderstood or misinterpreted the 

Airworthy Product paragraph to allow 

the owner/operator to use messages 

provided by the manufacturer as 

approval of deviations during the 

accomplishment of an AD-mandated 

action. The Airworthy Product 

paragraph does not approve messages or 

other information provided by the 

manufacturer for deviations to the 

requirements of the AD-mandated 

actions. The Airworthy Product 

paragraph only addresses the 

requirement to contact the manufacturer 

for corrective actions for the identified 

unsafe condition and does not cover 

deviations from other AD requirements. 

However, deviations to AD-required 

actions are addressed in 14 CFR 39.17, 

and anyone may request the approval 

for an alternative method of compliance 

to the AD-required actions using the 

procedures found in 14 CFR 39.19. 

To address this misunderstanding and 

misinterpretation of the Airworthy 

Product paragraph, we have changed 

that paragraph and retitled it 

‘‘Contacting the Manufacturer.’’ This 

paragraph now clarifies that for any 

requirement in this proposed AD to 

obtain corrective actions from a 

manufacturer, the action must be 

accomplished using a method approved 

by the FAA, TCCA, or Bombardier’s 

TCCA Design Approval Organization 

(DAO). Where necessary throughout this 

proposed AD, we also replaced any 

reference to approvals of corrective 

actions with a reference to the 

Contacting the Manufacturer paragraph. 

The Contacting the Manufacturer 

paragraph also clarifies that, if approved 

by the DAO, the approval must include 

the DAO-authorized signature. The DAO 

signature indicates that the data and 

information contained in the document 

are TCCA-approved, which is also FAAapproved. Messages and other 

information provided by the 

manufacturer that do not contain the 

DAO-authorized signature approval are 

not TCCA-approved, unless TCCA 

directly approves the manufacturer’s 

message or other information. 

This clarification does not remove 

flexibility previously afforded by the 

Airworthy Product paragraph. 

Consistent with long-standing FAA 

policy, such flexibility was never 

intended for required actions. This is 

also consistent with the 

recommendation of the Airworthiness 

Directive Implementation Aviation 

Rulemaking Committee to increase 

flexibility in complying with ADs by 

identifying those actions in 

manufacturers’ service instructions that 

are ‘‘Required for Compliance’’ with 

ADs. We continue to work with 

manufacturers to implement this 

recommendation. But once we 

determine that an action is required, any 

deviation from the requirement must be 

approved as an alternative method of 

compliance. 

Costs of Compliance 

We estimate that this proposed AD 

affects 22 airplanes of U.S. registry. We 

also estimate that it would take about 16 

work-hours per product to comply with 

the basic requirements of this proposed 

AD. The average labor rate is $85 per 

work-hour. Required parts would cost 

about $0 per product. Based on these 

figures, we estimate the cost of this 

proposed AD on U.S. operators to be 

$29,920, or $1,360 per product. 

Where the service information lists 

required parts costs that are covered 

under warranty, we have assumed that 

there will be no charge for these parts. 

As we do not control warranty coverage 

for affected parties, some parties may 

incur costs higher than estimated here. 

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 proposed 

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 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. 

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42710 Federal Register / Vol. 79, No. 141 / Wednesday, July 23, 2014 / Proposed Rules 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

Bombardier, Inc.: Docket No. FAA–2013– 

0548; Directorate Identifier 2013–NM– 

008–AD. 

(a) Comments Due Date 

We must receive comments by September 

8, 2014. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

BD–700–1A11 airplanes, certificated in any 

category, modified by FAA Supplemental 

Type Certificate (STC) ST02140NY, issued 

October 14, 2005 (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/rgstc.nsf/

0/6B8CF26D01F5E6DE862570C7006DCD7E

?OpenDocument&Highlight=st02140ny) and 

to airplanes, certificated in any category, 

modified by FAA STC ST02033NY, issued 

December 2, 2004 (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/rgstc.nsf/

0/99FF781E0BD20AD886256FA300558250

?OpenDocument&Highlight=02033). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 35, Oxygen. 

(e) Reason 

This AD was prompted by a report that 

certain lanyards for the passenger oxygen 

masks are longer than the specified length, 

possibly leading to inactive oxygen masks in 

an emergency. We are issuing this AD to 

detect and correct lanyards of incorrect 

length, which might not activate the flow of 

oxygen in an emergency, resulting in injury 

to passengers. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Replacement 

Within 750 flight hours or 15 months after 

the effective date of this AD, whichever 

occurs first: Replace lanyards having part 

numbers (PN) B431564–503 and –505 for all 

passenger oxygen dispensing units, with 

lanyards having PN B431564–507, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

700–1A11–35–009, Revision 02, dated May 

28, 2013. 

(h) 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, 

Engine and Propeller Directorate, 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 DAOauthorized signature. 

(i) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2012–31, dated 

December 7, 2012, 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 it in Docket No. 

FAA–2013–0548. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; email 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.com. You may review 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. 

Issued in Renton, Washington, on July 15, 

2014. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–17332 Filed 7–22–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0454; Directorate 

Identifier 2013–NM–138–AD] 

RIN 2120–AA64 

Airworthiness Directives; the Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede 

Airworthiness Directive (AD) 2002–07– 

08, which applies to certain The Boeing 

Company Model 737 airplanes. AD 

2002–07–08 currently requires 

repetitive inspections for cracking of the 

lower skin at the lower row of fasteners 

in the lap joints of the fuselage; repair 

of any cracking found; modification of 

the fuselage lap joints at certain 

locations, which terminates the 

repetitive inspections of the modified 

areas; and replacement of a certain 

preventive modification with an 

improved modification. Since we issued 

AD 2002–07–08, we have determined 

that adjacent stringers and window 

frames have cracked in locations outside 

the inspection areas addressed by AD 

2002–07–08. This proposed AD would 

add repetitive inspections for cracking 

at certain window corner fastener holes, 

a preventive modification, post-repair/

alteration and butt joint repetitive 

inspections, and repair if necessary. We 

are proposing this AD to detect and 

correct fatigue cracking of the fuselage 

lap joints, which could result in 

reduced structural integrity and sudden 

decompression of the airplane. 

DATES: We must receive comments on 

this proposed AD by September 8, 2014. 

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. 

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