[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Proposed Rules]
[Pages 2662-2664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-857]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1416; Directorate Identifier 2011-NM-156-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702); CL-600-2D15 (Regional Jet Series 705); CL-600-2D24 
(Regional Jet Series 900); and CL-600-2E25 (Regional Jet Series 1000) 
airplanes. This proposed AD was prompted by reports of deformation of 
the pressure regulator on the oxygen cylinder, which was attributed to 
batches of raw material that did not meet required tensile strength. 
This proposed AD would require an inspection to determine if certain 
oxygen pressure regulators are installed, and replacement of oxygen 
cylinder and regulator assemblies (CRAs) containing pressure regulators 
that do not meet required material properties. We are proposing this AD 
to prevent elongation of the pressure regulator neck, which could 
result in rupture of the oxygen cylinder, and in the case of cabin 
depressurization, oxygen would not be available when required.

DATES: We must receive comments on this proposed AD by March 5, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone (514) 855-5000; fax (514) 855-7401; email 
<a href="/cdn-cgi/l/email-protection#0b7f636f256879614b6a6e796425696466696a796f626e7925686466"><span class="__cf_email__" data-cfemail="017569652f62736b416064736e2f636e6c636073656864732f626e6c">[email protected]</span></a>; Internet http://www.bombardier.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. 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 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 (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 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-2011-1416; 
Directorate Identifier 2011-NM-156-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.

[[Page 2663]]

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-28, dated July 28, 2011 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    During a routine inspection, deformation was found at the neck 
of the pressure regulator body on the oxygen Cylinder and Regulator 
Assemblies (CRA) of a BD-700-1A11 aeroplane.
    An investigation by the vendor, Avox Systems Inc., revealed that 
the deformation was attributed to two (2) batches of raw material 
that did not meet the required tensile strength. This may cause 
elongation of the pressure regulator neck, which could result in 
rupture of the oxygen cylinder, and in the case of cabin 
depressurization, oxygen would not be available when required.
    Although there have been no reported failures to date on any CL-
600-2C10, CL-600-2D15, CL-600-2D24 or CL-600-2E25 aeroplanes, 
similar oxygen pressure regulators, Part Number (P/N) 806370-06, 
could also be installed on the aeroplanes listed in the 
Applicability section of this [TCCA] directive.
    This [TCCA] directive mandates [an inspection for certain serial 
numbers, and if necessary, replacement of the affected oxygen CRA in 
accordance with the accomplishment instructions of Bombardier 
Service Bulletin 670BA-35-011, dated July 5, 2011; and] the 
replacement of oxygen CRAs containing pressure regulators that do 
not meet the required material properties.

    You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 670BA-35-011, dated July 5, 
2011. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    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 pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 263 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. 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. Based on these figures, we estimate the cost of the proposed AD 
on U.S. operators to be $44,710, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour and require parts costing $0, for a cost of $85 
per product. We have no way of determining the number of products that 
may need these actions.

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.

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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-1416; Directorate Identifier 
2011-NM-156-AD.

(a) Comments Due Date

    We must receive comments by March 5, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs 
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, serial numbers 10002 through 10999 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 705) 
and CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 
15001 through 15990 inclusive.
    (3) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, serial numbers 19001 through 19990 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of deformation of the pressure 
regulator on the oxygen cylinder, which was attributed to batches of 
raw material that did not meet required tensile strength. We are 
issuing this

[[Page 2664]]

AD to prevent elongation of the pressure regulator neck, which could 
result in rupture of the oxygen cylinder, and in the case of cabin 
depressurization, oxygen would not be available when required.

(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) Actions

    Within 1,800 flight hours or 6 months after the effective date 
of this AD, whichever occurs first: Inspect the serial number of 
each oxygen pressure regulator, part number (P/N) 806370-06, to 
determine if the serial number of the regulator is listed in ``Table 
2, Regulators'' of paragraph 1.A.(1) of Bombardier Service Bulletin 
670BA-35-011, dated July 5, 2011. If the serial number of the oxygen 
pressure regulator, P/N 806370-06, is listed in ``Table 2, 
Regulators'' of paragraph 1.A.(1) of Bombardier Service Bulletin 
670BA-35-011, dated July 5, 2011, before further flight: Replace the 
affected oxygen cylinder and regulator assembly (CRA), in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
670BA-35-011, dated July 5, 2011.

(h) Parts Installation

    As of the effective date of this AD, no person may install an 
oxygen pressure regulator, P/N 806370-06, having a serial number 
listed in ``Table 2, Regulators'' of paragraph 1.A.(1) of Bombardier 
Service Bulletin 670BA-35-011, dated July 5, 2011, on any airplane 
unless the serial number of the CRA and pressure regulator have a 
suffix ``A'' beside the serial number.

(i) 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, New York 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-28, dated 
July 28, 2011; and Bombardier Service Bulletin 670BA-35-011, dated 
July 5, 2011; for related information.

    Issued in Renton, Washington, on January 6, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-857 Filed 1-18-12; 8:45 am]
BILLING CODE 4910-13-P


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