AD 2012-13-03

[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Rules and Regulations]
[Pages 38468-38470]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-15602]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0034; Directorate Identifier 2011-NM-153-AD; 
Amendment 39-17105; AD 2012-13-03]
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-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by a report of a ground fire which was 
fed by oxygen escaping from a damaged third crew person oxygen line and 
had started in the vicinity of an electrical panel. This AD requires 
replacing and changing the routing of the flexible oxygen hose of the 
third crew person oxygen line and modifying the entrance compartment 
assembly. We are issuing this AD to prevent the possibility of damage 
to the third crew person oxygen line and of an oxygen-fed fire in the 
airplane.

DATES: This AD becomes effective August 2, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 2, 
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, 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 23, 2012 (77 
FR 3184). That NPRM proposed to correct

[[Page 38469]]

an unsafe condition for the specified products. The MCAI states:

    An operator has reported a ground fire in the CL-600-2B19 
aeroplane. The fire burnt an 18 inch hole through the left upper 
fuselage skin panel in the cockpit area. The fire started in the 
vicinity of the Junction Box 1 (JB1) electrical panel, and was fed 
by oxygen escaping from a damaged third crewman oxygen line.
    This [Transport Canada Civil Aviation (TCCA)] Airworthiness 
Directive (AD) was issued to prevent the possibility of damage to 
the third crewman oxygen line and an oxygen fed fire in the 
aeroplane.

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 have considered the comments received.

Support for the NPRM (77 FR 3184, January 23, 2012)

    Air Line Pilots Association, International (ALPA) stated that the 
proposed actions will enhance safety and that it supports the intent of 
the NPRM (77 FR 3184, January 23, 2012).

Request To Shorten the Compliance Time and Add an Inspection

    The ALPA requested that an initial inspection of the oxygen hose be 
performed within 500 flight hours after the effective date of the AD 
and immediate replacement of any damaged hoses. The commenter also 
requested that the compliance time for the replacement specified in the 
NPRM (77 FR 3184, January 23, 2012) of ``within 4,000 flight hours 
after the effective date of the AD.'' be reduced to ``within 2000 
flight hours after the effective date of this AD.''
    We do not agree to add an inspection to the requirements of this 
AD. We have determined that accomplishing the replacement required by 
paragraph (g) of this AD addresses the identified unsafe condition. We 
have not changed the AD in this regard.
    We, also, do not agree with the request for a shorter compliance 
time. In developing the compliance time, we determined that the 
compliance time of 4,000 flight hours after the effective date of the 
AD is appropriate considering the safety implications, the average 
utilization rate of the affected fleet, the practical aspects of an 
orderly inspection of the fleet during regular maintenance periods, and 
the availability of required replacement parts. In addition, the 
proposed compliance time corresponds with the compliance time of the 
parallel AD issued by TCCA. Operators may request approval of an 
alternative method of compliance (AMOC) under the provisions of 
paragraph (i)(1) of this AD. We have not changed the AD in this regard.

Request To Revise Wording

    Air Wisconsin requested that the wording in paragraph (h) of the 
NPRM (77 FR 3184, January 23, 2012) be changed from ``modify'' to 
``discard'' as Bombardier Service Bulletin 601R-35-017, Revision A, 
dated June 9, 2011, states in various places to discard the hose.
    We partially agree. The wording in paragraph (h) of the NPRM (77 FR 
3184, January 23, 2012) incorrectly implied that both the entrance 
compartment assembly and the flexible oxygen hose could be modified. We 
have changed paragraphs (g) and (h) of this AD to clarify that the 
entrance compartment assembly is ``modified'' and that the flexible 
oxygen hose is ``replaced with a new flexible oxygen hose.''

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously--except for minor 
editorial changes. We have determined that these changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 3184, January 23, 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 3184, January 23, 2012).

Costs of Compliance

    We estimate that this AD will affect 588 products of U.S. registry. 
We also estimate that it will take about 13 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $108 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 this AD to the U.S. operators 
to be $713,244, or $1,213 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 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 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 3184, January 23, 
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.

[[Page 38470]]

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:

2012-13-03 Bombardier, Inc.: Amendment 39-17105. Docket No. FAA-
2012-0034; Directorate Identifier 2011-NM-153-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 2, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes; certificated in any category; 
equipped with entrance compartment assembly having part numbers that 
begin with A281001, A282001, A283001, A284001, 4591001, 4592001, 
4593001, or 4594001.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a ground fire which was fed 
by oxygen escaping from a damaged third crew person oxygen line and 
had started in the vicinity of an electrical panel. We are issuing 
this AD to prevent the possibility of damage to the third crew 
person oxygen line and of an oxygen-fed fire in the airplane.

(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 4,000 flight hours after the effective date of this AD, 
change the routing and replace the flexible oxygen hose of the third 
crew person oxygen line with a new flexible oxygen hose and modify 
the entrance compartment assembly, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-35-
017, Revision A, dated June 9, 2011.

(h) Parts Installation

    As of the effective date of this AD, no person may install an 
entrance compartment assembly having a part number that begins with 
A281001, A282001, A283001, A284001, 4591001, 4592001, 4593001, or 
4594001, or a flexible oxygen hose having a part number 38027-0260, 
on any airplane, unless that entrance compartment assembly has been 
modified and the flexible oxygen hose has been replaced with a new 
flexible oxygen hose, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-35-017, Revision A, 
dated June 9, 2011.

(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-2011-23, dated 
July 14, 2011; and Bombardier Service Bulletin 601R-35-017, Revision 
A, dated June 9, 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 601R-35-017, Revision A, dated 
June 9, 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#a1d5c9c58fc2d3cbe1c0c4d3ce8fc3ceccc3c0d3c5c8c4d38fc2cecc"><span class="__cf_email__" data-cfemail="ea9e828ec4899880aa8b8f9885c4888587888b988e838f98c4898587">[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 June 19, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-15602 Filed 6-27-12; 8:45 am]
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