AD 2013-26-02

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;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 
<a href="/cdn-cgi/l/email-protection#bfcbd7db91dccdd5ffdedacdd091ddd0d2dddecddbd6dacd91dcd0d2"><span class="__cf_email__" data-cfemail="44302c206a27362e042521362b6a262b29262536202d21366a272b29">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. 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]]

<greek-i>!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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 27314, May 10, 2013) for correcting the unsafe condition; 
and
    <bullet> 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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Cleaning the Crew Oxygen System.....  51 work-hours x $85 per            $827           $5,162       $2,064,800
                                       hour = $4,335.
----------------------------------------------------------------------------------------------------------------

    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 <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;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 <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;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 
<a href="/cdn-cgi/l/email-protection#4b3f232f652839210b2a2e392465292426292a392f222e3965282426"><span class="__cf_email__" data-cfemail="ff8b979bd19c8d95bf9e9a8d90d19d90929d9e8d9b969a8dd19c9092">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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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