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[Federal Register: October 26, 2011 (Volume 76, Number 207)]
[Proposed Rules]               
[Page 66198-66200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc11-15]                         

========================================================================
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.

========================================================================

[[Page 66198]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1092; Directorate Identifier 2011-NM-111-AD]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model BD-700-1A10 and 
BD-700-1A11 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

During a routine inspection, deformation was found at the neck of 
the pressure regulator body on the oxygen Cylinder and Regulator 
Assemblies (CRA).
An investigation by the vendor * * * 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 not 
being available when required.
* * * * *

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 12, 
2011.

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 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
thd.crj@aero.bombardier.com; 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, 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-2011-1092; 
Directorate Identifier 2011-NM-111-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

    The Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-10, dated May 13, 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).
    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 not being available when required.
    This [Canadian] directive mandates [an inspection to determine 
if a certain oxygen CRA is installed and] the replacement of oxygen 
CRAs containing pressure regulators, part number (P/N) 806370-06, 
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 Bulletins 700-1A11-35-010 (for Model 
BD-700-1A11 airplanes) and 700-35-011 (for Model BD-700-1A10 
airplanes), both Revision 01, both dated February 1, 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

[[Page 66199]]

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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 39 products of U.S. registry. We also estimate that 
it would take about 10 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. 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 $33,150, or $850 per product.

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); 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.
    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-2011-1092; Directorate Identifier 
2011-NM-111-AD.

Comments Due Date

    (a) We must receive comments by December 12, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model BD-700-1A10 and 
BD-700-1A11 airplanes, certificated in any category, serial numbers 
(S/N) 9002 through 9126 inclusive, 9128 through 9312 inclusive, 9314 
through 9322 inclusive, 9324 through 9335 inclusive, 9337, 9338, 
9340, 9341, 9343, 9344, 9346, 9347, 9350, 9353, 9355, 9356, 9358, 
9361, 9365, 9372, 9374, 9384, 9402, 9403, and subsequent.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (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).
    An investigation by the vendor * * * 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 not being available when required.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) For airplanes having S/N 9002 through 9126 inclusive, 9128 
through 9312 inclusive, 9314 through 9322 inclusive, 9324 through 
9335 inclusive, 9337, 9338, 9340, 9341, 9343, 9344, 9346, 9347, 
9350, 9353, 9355, 9356, 9358, 9361, 9365, 9372, 9374, 9384, 9402, 
9403: Within 7 months after the effective date of this AD, do an 
inspection of oxygen pressure regulators having P/N 806370-06 to 
determine if the serial number is listed in Table 2 of the 
Accomplishment Instructions of Bombardier Service Bulletin 700-35-
011 (for Model BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model 
BD-700-1A11 airplanes), both Revision 01, both dated February 1, 
2011.
    (1) If the serial number of the pressure regulator having P/N 
806370-06 is listed in Table 2 of the Accomplishment Instructions of 
Bombardier Service Bulletin 700-35-011 (for Model BD-700-1A10 
airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 airplanes), 
both Revision 01, both dated February 1, 2011, within 7 months after 
the effective date of this AD, replace the affected oxygen CRA, in 
accordance with paragraph 2.C. of the Accomplishment Instructions of 
Bombardier Service Bulletin 700-35-011 (for Model BD-700-1A10 
airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 airplanes), 
both Revision 01, both dated February 1, 2011.
    (2) If the serial number of the oxygen pressure regulator having 
P/N 806370-06 is not listed in Table 2 of the Accomplishment 
Instructions of Bombardier Service Bulletin 700-35-011 (for Model 
BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 
airplanes), both Revision 01,

[[Page 66200]]

both dated February 1, 2011, no further action is required by this 
paragraph.

Parts Installation

    (h) For all airplanes: As of the effective date of this AD, no 
person may install an oxygen pressure regulator (P/N 806370-06) 
having any serial number listed in Table 2 of the Accomplishment 
Instructions of Bombardier Service Bulletin 700-35-011 (for Model 
BD-700-1A10 airplanes) or 700-1A11-35-010 (for Model BD-700-1A11 
airplanes), both Revision 01, both dated February 1, 2011, on any 
airplane, unless a suffix ``-A'' is beside the serial number.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows:
    The MCAI applicability specifies only airplanes having certain 
serial numbers and prohibits installation of the affected part on 
those airplanes. Because the affected part could be rotated onto any 
of the Model BD-700-1A10 and BD-700-1A11 airplanes, this AD applies 
to S/N 9002 through 9126 inclusive, 9128 through 9312 inclusive, 
9314 through 9322 inclusive, 9324 through 9335 inclusive, 9337, 
9338, 9340, 9341, 9343, 9344, 9346, 9347, 9350, 9353, 9355, 9356, 
9358, 9361, 9365, 9372, 9374, 9384, 9402, 9403, and subsequent. This 
has been coordinated with the Transport Canada Civil Aviation 
(TCCA).

Other FAA AD Provisions

    (i) 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.

Related Information

    (j) Refer to MCAI Transport Canada Civil Aviation (TCCA) 
Airworthiness Directive CF-2011-10, dated May 13, 2011; Bombardier 
Service Bulletin 700-35-011, Revision 01, dated February 1, 2011; 
and Bombardier Service Bulletin 700-1A11-35-010, Revision 01, dated 
February 1, 2011; for related information.

    Issued in Renton, Washington, on October 17, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-27650 Filed 10-25-11; 8:45 am]
BILLING CODE 4910-13-P
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