DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-0823; Directorate Identifier 2014-NM-211-AD;
Amendment 39-18249; AD 2015-17-16]
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 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 a certain publication 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-2015-0823
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-2015-0823.
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-600-2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM
published in the Federal Register on April 13, 2015 (80 FR 19570).
Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-36, 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-
2B19 (Regional Jet Series 100 & 440) 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-2015-0823-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (80
FR 19570, April 13, 2015) and the FAA's response to each comment.
Request To Extend the Compliance Time
Mesa Airlines asked that the compliance time specified in paragraph
(g) of the NPRM (80 FR 19570, April 13, 2015) be changed. Mesa Airlines
stated that the current compliance time would immediately ground
airplanes on the effective date of the AD. 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.
We partially agree with the request. 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 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.
Request To Refer To Revised Service Information
Richard Rupslauskas asked that we include Bombardier Service
Bulletin 601R-35-018, Revision A, in the NPRM (80 FR 19570, April 13,
2015), and give credit for Bombardier Service Bulletin 601R-35-018,
dated May 21, 2013. The commenter stated that Revision A should be
distributed very soon, and added that no additional work will be
required on aircraft that have had the modification incorporated using
the original issue of the service information. The commenter added that
the NPRM should recognize that either the original or Revision A of the
service information is acceptable as a method of compliance.
We do not agree to reference Bombardier Service Bulletin 601R-35-
018, Revision A, because that revision has not yet been issued.
However, after Revision A is issued, affected operators may request
approval to use that revision of the referenced service bulletin as an
alternative method of compliance, under the provisions of paragraph
(i)(1) of this AD.
Request To Include Parts Cost
Richard Rupslauskas stated that the parts cost is $835 per
airplane, and added that since 575 airplanes are affected, the total
cost for parts is $480,125.
We infer that the commenter wants the parts cost included in the
``Costs of Compliance'' section of this AD. We agree to include the
parts cost of $835 in that section. We have changed this AD
accordingly.
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 changes 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 19570, 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 19570, 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 601R-35-018, dated May 21,
2013. The service information describes procedures for replacing the
oxygen hose assembly with a new, improved assembly. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI. 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 575 airplanes of U.S. registry.
We also estimate that it takes about 2 work-hours per product to
comply with the basic requirements of this AD. Required parts will cost
about $835 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 $577,875, or $1,005 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-2015-0823;
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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