AD 2015-17-15

[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Rules and Regulations]
[Pages 52175-52177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-20961]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0822; Directorate Identifier 2014-NM-210-AD; 
Amendment 39-18248; AD 2015-17-15]
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) airplanes, Model CL-600-2D15 (Regional Jet Series 705) airplanes, 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, and Model CL-
600-2E25 (Regional Jet Series 1000) airplanes. This AD was prompted by 
results of a design review indicating that the burst pressure of the 
flexible hose, used to vent oxygen from the high-pressure relief valve 
of the oxygen cylinder overboard, was lower than the opening pressure 
of the high-pressure relief valve, which could cause the flexible hose 
to burst before it can vent the excess oxygen overboard. This AD 
requires replacing the oxygen hose assembly with a new, improved 
assembly. We are issuing this AD to prevent the accumulation of oxygen 
in an enclosed space, which could result in an uncontrolled oxygen-fed 
fire if an ignition source is nearby.

DATES: This AD becomes effective October 2, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 2, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2015-0822 or in person at the 
Docket Management Facility, 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#b0c4d8d49ed3c2daf0d1d5c2df9ed2dfddd2d1c2d4d9d5c29ed3dfdd"><span class="__cf_email__" data-cfemail="611509054f02130b210004130e4f030e0c030013050804134f020e0c">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. You 
may view this 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. It 
is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2015-0822.

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, NY 
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 by adding an AD that would apply to certain Bombardier, Inc. 
Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, 
Model CL-600-2D15 (Regional Jet Series 705) airplanes, Model CL-600-
2D24 (Regional Jet Series 900) airplanes, and Model CL-600-2E25 
(Regional Jet Series 1000) airplanes. The NPRM published in the Federal 
Register on April 13, 2015 (80 FR 19574).
    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-37, dated October 17, 2014 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702) airplanes, Model CL-600-2D15 
(Regional Jet Series 705) airplanes, Model CL-600-2D24 (Regional Jet 
Series 900) airplanes, and Model CL-600-2E25 (Regional Jet Series 1000) 
airplanes. The MCAI states:

    Design review found that the burst pressure of the flexible 
hose, used to vent oxygen from the high-pressure relief valve of the 
oxygen cylinder overboard, is lower than the opening pressure of the 
high-pressure relief valve. This could cause the flexible hose to 
burst before it is able to vent the excess oxygen overboard. If an 
ignition source is present, the accumulation of oxygen in an 
enclosed space may result in an uncontrolled oxygen-fed fire.
    This [Canadian] AD mandates the replacement of the oxygen hose 
assembly with a new design oxygen hose assembly.

    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-2015-0822-0004.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (80 
FR 19574, April 13, 2015) and the FAA's response to each comment.

Request To Change the Compliance Time

    Mesa Airlines and Envoy Air Inc. asked that the compliance time 
specified in paragraph (g) of the proposed AD (80 FR 19574, April 13, 
2015) be changed.
    Mesa Airlines stated that the current compliance time would 
immediately ground 78 airplanes on the effective date of the AD, and 
with increased demand for replacement parts it would be difficult to 
recover. Mesa Airlines asked that we change the compliance time to 
``Within 6,000 flight hours, or within 44 months after the effective 
date of this AD, whichever occurs first.'' Mesa Airlines added that 
this would allow for scheduling with heavy maintenance inspection and 
parts procurement.
    Envoy Air Inc. stated that a large number of affected airplanes 
have flown more than 5,800 total flight hours. Envoy Air Inc. noted 
that the proposed compliance time ``before the accumulation of 5,800 
total flight hours'' would mean that most of the affected airplanes 
would be required to comply with this AD prior to the effective date to 
remain in compliance. Envoy Air Inc. asked that we change the 
compliance time to ``Within 5,800 flight hours or 44 months, whichever 
occurs first, from the effective date of the AD.'' Envoy Air Inc. 
stated that this would more clearly communicate the desired compliance 
time for this AD.
    We partially agree with the requests. We have changed the 
compliance time in paragraph (g) of this AD to ``Within 5,800 flight 
hours or 44 months after the effective date of this AD, whichever 
occurs first.'' This change matches the compliance time listed in the 
MCAI, and will allow operators to remain in compliance.
    We do not agree that the compliance time should be extended to 
``Within 6,000 flight hours, or within 44 months after the effective 
date of this AD, whichever occurs first.'' After

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considering all the available information, we have determined that the 
compliance time represents an appropriate interval of time in which the 
required actions can be performed in a timely manner within the 
affected fleet, while still maintaining an adequate level of safety. In 
developing an appropriate compliance time, we considered the safety 
implications, parts availability, and normal maintenance schedules for 
timely accomplishment of the replacement. However, if additional data 
are presented that would justify a longer compliance time, we may 
consider further rulemaking on this issue. We have not changed the AD 
in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (80 FR 19574, April 13, 2015) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 19574, April 13, 2015).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 670BA-35-013, Revision B, 
dated May 20, 2015, including Appendix A, dated May 21, 2013. The 
service information describes procedures for replacing the oxygen hose 
assembly with a new, improved assembly. This service information is 
reasonably available because the interested parties have access to it 
through their normal course of business or by the means identified in 
the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 400 airplanes of U.S. registry.
    We also estimate that it takes about 10 work-hours per product to 
comply with the basic requirements of this AD. Required parts will cost 
about $0 per product. The average labor rate is $85 per work-hour. 
Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $340,000, or $850 per airplane.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2015-0822; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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 airworthiness 
directive (AD):

2015-17-15 Bombardier, Inc.: Amendment 39-18248. Docket No. FAA-
2015-0822; Directorate Identifier 2014-NM-210-AD.

(a) Effective Date

    This AD becomes effective October 2, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes, certificated in any category, 
identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD.
    (1) Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 
701, & 702) airplanes, serial numbers 10002 through 10336 inclusive.
    (2) Bombardier, Inc. Model CL-600-2D15 (Regional Jet Series 
705), and Model CL-600-2D24 (Regional Jet Series 900) airplanes, 
serial numbers 15001 through 15297 inclusive.
    (3) Bombardier, Inc. Model CL-600-2E25 (Regional Jet Series 
1000) airplanes, serial numbers 19001 through 19038 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by results of a design review indicating 
that the burst pressure of the flexible hose, used to vent oxygen 
from the high-pressure relief valve of the oxygen cylinder 
overboard, was lower than the opening pressure of the high-pressure 
relief valve, which could cause the flexible hose to burst before it 
can vent the excess oxygen overboard. We are issuing this AD to 
prevent the accumulation of oxygen in an enclosed space, which could 
result in an uncontrolled oxygen-fed fire if an ignition source is 
nearby.

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(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Replacement

    Within 5,800 flight hours or 44 months after the effective date 
of this AD, whichever occurs first: Replace all oxygen hose 
assemblies having part number (P/N) S6946-01 with new, improved 
assemblies having P/N BA670-44025-001, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 670BA-35-
013, Revision B, dated May 20, 2015, including Appendix A, dated May 
21, 2013. For airplanes on which Supplemental Type Certificate 
ST01648NY (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01648NY.pdf) is 
installed, only PART B of the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-35-013, Revision B, dated May 20, 
2015, including Appendix A, dated May 21, 2013, is required.

(h) Credit for Previous Actions

    This paragraph provides credit for the replacement specified in 
paragraph (g) of this AD, if that action was performed before the 
effective date of this AD using Bombardier Service Bulletin 670BA-
35-013, dated May 21, 2013; or Bombardier Service Bulletin 670BA-35-
013, Revision A, dated September 23, 2013; which are not 
incorporated by reference in this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
oxygen hose assembly, P/N S6946-01, on any airplane.

(j) 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. Send information 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-37, dated October 
17, 2014, for related information. This MCAI may be found in the AD 
docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2015-0822-0004.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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-35-013, Revision B, dated 
May 20, 2015, including Appendix A, dated May 21, 2013.
    (ii) Reserved.
    (3) 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#a3d7cbc78dc0d1c9e3c2c6d1cc8dc1cccec1c2d1c7cac6d18dc0ccce"><span class="__cf_email__" data-cfemail="5f2b373b713c2d351f3e3a2d30713d30323d3e2d3b363a2d713c3032">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (4) You may view this 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 August 17, 2015.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-20961 Filed 8-27-15; 8:45 am]
 BILLING CODE 4910-13-P