[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79287-79289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30288]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0370; Directorate Identifier 2013-NM-034-AD;
Amendment 39-17711; AD 2013-26-02]
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: We are adopting 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), and CL-600-2D24 (Regional
Jet Series 900) airplanes. This AD was prompted by a report that traces
of oil could be found in the crew oxygen system due to the use of
incorrect pressure testing procedures during manufacturing. This AD
requires cleaning the crew oxygen system. We are issuing this AD to
detect and correct oil contaminants, which could cause an ignition and
result in a fire in the oxygen system.
DATES: This AD becomes effective February 3, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 3,
2014.
ADDRESSES: You may examine the AD on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0370; or in person at the
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.
For service information identified in this 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
[email protected]; 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, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.
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:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
The NPRM published in the Federal Register on May 10, 2013 (78 FR
27314). The NPRM proposed to correct an unsafe condition for the
specified products.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-01, dated January 22, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
It was found that traces of oil could be present in the crew
oxygen system due to the use of incorrect pressure testing
procedures during manufacturing. Field sampling of nine aeroplanes
have confirmed this condition. When the oxygen system is used, oil
contaminants can cause an ignition and result in a fire in the
oxygen system.
This [Canadian] AD mandates the cleaning of the crew oxygen
system to reduce oil contaminants to a safe level.
You may examine the MCAI in the AD docket on the Internet at http:/
/www.regulations.gov/
[[Page 79288]]
!documentDetail;D=FAA-2013-0370-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request to Revise the NPRM (78 FR 27314, May 10, 2013) Based On New
Service Information
ExpressJet requested the NPRM (78 FR 27314, May 10, 2013) be
revised due to a new revision of the service information. ExpressJet
stated that since the NPRM was issued, Bombardier Service Bulletin
670BA-35-012, Revision B, including Appendix A, dated May 6, 2013, has
been released.
We agree with ExpressJet's request to use Bombardier Service
Bulletin 670BA-35-012, Revision B, including Appendix A, dated May 6,
2013. We have updated paragraph (g) of this final rule in this regard.
We have also added a new paragraph (h) to this final rule to give
credit for actions done before the effective date of this AD using
Bombardier Service Bulletin 670BA-35-012, dated August 3, 2012; and
Bombardier Service Bulletin 670BA-35-012, Revision A, dated November
26, 2012. Subsequent paragraphs have been redesignated accordingly.
Request To Revise the Compliance Time
The Air Line Pilots Association (ALPA) requested we revise the
compliance time. ALPA stated it understands the requirements of the
NPRM (78 FR 27314, May 10, 2013) take 51 work-hours per product, but
stated that the safety benefit would necessitate a compliance time of
between 12 and 24 months.
We do not agree with ALPA's request. We determined that the
proposed compliance time of ``within 6,600 flight hours or 36 months
after the effective date of this AD, whichever occurs first'' is
appropriate in consideration of the safety implications, the average
utilization rate of the affected fleet, and the practical aspects of an
orderly cleaning of the crew oxygen system. In addition, TCCA and
Bombardier, Inc., reviewed the risks and found the compliance time to
be adequate. We have not changed the final rule in this regard.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these changes:
Are consistent with the intent that was proposed in the
NPRM (78 FR 27314, May 10, 2013) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 27314, May 10, 2013).
Costs of Compliance
We estimate that this AD affects 400 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Cleaning the Crew Oxygen System..... 51 work-hours x $85 per $827 $5,162 $2,064,800
hour = $4,335.
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Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these costs. 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 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 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. 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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0370-0002; 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 AD, the 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.
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.
[[Page 79289]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2013-26-02 Bombardier, Inc.: Amendment 39-17711. Docket No. FAA-
2013-0370; Directorate Identifier 2013-NM-034-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective February 3,
2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes, serial numbers 10002 through
10265 inclusive; and Model CL-600-2D15 (Regional Jet Series 705) and
CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers
15002 through 15153 inclusive, 15156, and 15157; certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code 35, Oxygen.
(e) Reason
This AD was prompted by a report that traces of oil could be
found in the crew oxygen system due to the use of incorrect pressure
testing procedures during manufacturing. We are issuing this AD to
detect and correct oil contaminants, which could cause an ignition
and result in a fire in the oxygen system.
(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 6,600 flight hours or 36 months after the effective date
of this AD, whichever occurs first: Clean the crew oxygen system, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-35-012, Revision B, including Appendix A,
dated May 6, 2013.
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 670BA-35-012,
dated August 3, 2012; or Bombardier Service Bulletin 670BA-35-012,
Revision A, dated November 26, 2012; which are not incorporated by
reference in this AD.
(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 New York 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) 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
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-01, dated January
22, 2013, for related information. You may examine the MCAI in the
AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0370-0002.
(2) Service information identified in this AD that is not
incorporated by reference may be obtained at the addresses specified
in paragraphs (k)(3) and (k)(4) of this AD.
(k) 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 670BA-35-012, Revision B,
including Appendix A, dated May 6, 2013.
(ii) Reserved.
(3) For service information identified in this AD, 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
[email protected]; Internet http://www.bombardier.com.
(4) You may review copies of the 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.
(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, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on December 11, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-30288 Filed 12-27-13; 8:45 am]
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