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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 http://www.regulations.gov/#!docketDetail;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
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. It
is also available on the Internet at http://www.regulations.gov 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 http://www.regulations.gov/#!documentDetail;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
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:
Are consistent with the intent that was proposed in the
NPRM (80 FR 19574, April 13, 2015) for correcting the unsafe condition;
and
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 http://www.regulations.gov/#!docketDetail;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
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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