DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0548; Directorate Identifier 2013-NM-008-AD;
Amendment 39-18002; AD 2014-21-08]
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 BD-700-1A11 airplanes. This AD was prompted by
a
report that certain lanyards for the passenger oxygen masks are longer
than the specified length, possibly leading to inactive oxygen masks in
an emergency. This AD requires replacement of certain oxygen mask
lanyards. We are issuing this AD to detect and correct lanyards of
incorrect length, which might not activate the flow of oxygen in an
emergency, resulting in injury to passengers.
DATES: This AD becomes effective December 2, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 2,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0548
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 Cote-Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514-855-5000; fax 514-855-7401; email
thd.crj@aero.bombardier.com; Internet http://www.bombardier.com. 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.
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 supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain
Bombardier, Inc. Model BD-700-1A11 airplanes. The SNPRM published in
the Federal Register on July 23, 2014 (79 FR 42708). We preceded the
SNPRM with a notice of proposed rulemaking (NPRM) that published in the
Federal Register on July 18, 2013 (78 FR 42893).
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-31R1, dated September 17, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model BD-700-
1A11 airplanes. The MCAI states:
The aeroplane manufacturer has determined that the Oxygen
Dispensing Unit (ODU) lanyards, in several locations throughout the
aeroplane cabin, are excessively long. In an emergency situation
where oxygen is required, it is possible that certain occupants may
put their oxygen mask on without automatically activating the oxygen
flow which could result in a fatal injury.
The original issue of this [Canadian] AD mandated the
replacement of the existing ODU lanyards with lanyards of the
correct length.
After the issuance of the original [Canadian] AD, the aeroplane
manufacturer discovered that operators had not replaced all of the
affected ODU lanyards due to misinterpretation of the accomplishment
instructions of the Basic Issue of SB 700-1A11-35-009. Revision 1 of
this [Canadian] AD is issued to mandate the incorporation of the
revised SB with clarified accomplishment instructions.
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0548-0004.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM (79 FR 42708, July 23,
2014) or on the determination of the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:
Are consistent with the intent that was proposed in the
SNPRM (79 FR 42708, July 23, 2014) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the SNPRM (79 FR 42708, July 23, 2014).
Costs of Compliance
We estimate that this AD affects 22 airplanes of U.S. registry.
We also estimate that it will take about 16 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 $0 per
product. Based on these figures, we estimate the cost of this AD on
U.S. operators to be $29,920, or $1,360 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0548;
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
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]
2. The FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
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