AD 2012-10-07

[Federal Register Volume 77, Number 102 (Friday, May 25, 2012)]
[Rules and Regulations]
[Pages 31174-31175]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-12333]


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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; 
Amendment 39-17056; AD 2012-10-07]
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); CL-600-2D24 (Regional Jet 
Series 900); and CL-600-2E25 (Regional Jet Series 1000) airplanes. 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. This AD requires 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 issuing 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: This AD becomes effective June 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 29, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 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:

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. 
That NPRM was published in the Federal Register on January 19, 2012 (77 
FR 2662). That NPRM proposed 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 [Transport Canada Civil Aviation 
(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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 2662, January 19, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed, except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 2662, January 19, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 2662, January 19, 2012).

Costs of Compliance

    We estimate that this AD will affect 263 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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,

[[Page 31175]]

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 AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (77 FR 2662, January 19, 
2012), 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.

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 AD:

2012-10-07 Bombardier, Inc.: Amendment 39-17056. Docket No. FAA-
2011-1416; Directorate Identifier 2011-NM-156-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective June 29, 
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 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.

(k) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Bombardier Service Bulletin 670BA-35-011, dated July 5, 
2011.
    (2) 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 <a href="/cdn-cgi/l/email-protection#d3a7bbb7fdb0a1b993b2b6a1bcfdb1bcbeb1b2a1b7bab6a1fdb0bcbe"><span class="__cf_email__" data-cfemail="7f0b171b511c0d153f1e1a0d10511d10121d1e0d1b161a0d511c1012">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on May 10, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-12333 Filed 5-24-12; 8:45 am]
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