DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-1247; Product Identifier 2017-NM-085-AD; Amendment 39-19316; AD
2018-13-04] 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-100-1A10 airplanes. This AD was prompted by a report indicating that certain
lanyards
for the passenger oxygen masks located in the airplane's entry area are too
long. This AD requires
replacement of certain oxygen mask lanyards with shorter
lanyards. We are issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective July 25, 2018.
The Director of the Federal Register approved the incorporation by reference of a certain
publication listed in this AD as of July 25, 2018.
ADDRESSES: For service information identified in this final rule, contact Bombardier, Inc., 400
Côte-Vertu Road West, Dorval, Québec 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 Standards Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.
It is also available on the internet at http://www.regulations.gov by searching for and locating Docket
No. FAA-2017-1247.
Examining the AD Docket
You may examine the AD docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2017-1247; 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 Office (telephone 800-647-5527) is 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 20590.
FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, Airframe and
Mechanical Systems Section, FAA, New York ACO Branch, 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 BD-100-1A10 airplanes. The NPRM published
in the Federal Register on January 17, 2018 (83 FR 2373) (“the NPRM”). The NPRM was prompted
by a report indicating that certain lanyards for the passenger oxygen masks located in the airplane's
entry area are too long. The NPRM proposed to require replacement of certain oxygen mask lanyards
with shorter lanyards. We are issuing this AD to detect and correct lanyards that are too long, which
might result in difficulties starting the flow of oxygen in an emergency.
Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued
Canadian AD CF-2017-22, dated June 23, 2017 (referred to after this as the Mandatory Continuing
Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier,
Inc., Model BD-100-1A10 airplanes. The MCAI states:
Bombardier, Inc., has discovered that the entry area passenger oxygen mask lanyards are too
long. Upon deployment during an emergency, this may result in difficulties to start the oxygen flow
for tall individuals. This [Canadian] AD mandates the replacement of the existing entry area
passenger oxygen mask lanyards with shorter ones for proper operation.
You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2017-1247.
Comments
We gave the public the opportunity to participate in developing this AD. The following presents
the comments received on the NPRM and the FAA's response to each comment.
Request To Match Compliance Time in the Service Information
Bombardier noted that the compliance time in paragraph (g) of the proposed AD was “Within 36
months after the effective date of this AD,” whereas Bombardier Service Bulletin 100-35-08, dated
April 11, 2017, includes a compliance time of within “36 months from this Service Bulletin release
date (Basic Issue)”. We infer that the commenter is requesting that the compliance time in paragraph
(g) of the proposed AD be changed to match what is in the service information.
We do not agree with the commenter's request. In developing an appropriate compliance time for
this AD, we considered the degree of urgency associated with addressing the unsafe condition and the
manufacturer's recommendation for an appropriate compliance time, as well as the time required for
the rulemaking process. In consideration of these factors, we find that the compliance time, as
proposed, represents an appropriate interval in which to replace the affected oxygen mask lanyards,
while still maintaining an adequate level of safety. Operators are always permitted to accomplish the
requirements of an AD at a time earlier than the specified compliance time. We have not changed this
AD regarding this issue.
Request To Correct Typographical Error
Bombardier requested that a part number in paragraph (g) of the proposed AD be corrected.
Paragraph (g) of the proposed AD specified the replacement of lanyards having a certain part number
with new lanyards having part number P/N 289-65-10. The correct part number for the new lanyards
is P/N 289-165-10.
We agree with the commenter's request and have revised paragraph (g) of this AD to include the
correct part number for the new lanyards, P/N 289-165-10, which is specified in Bombardier Service
Bulletin 100-35-08, dated April 11, 2017.
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 for correcting the unsafe
condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
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 100-35-08, dated April 11, 2017. This service
information describes procedures for replacing the lanyards in the passenger oxygen masks located in
the passenger entry area. 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.
Costs of Compliance
We estimate that this AD affects 187 airplanes of U.S. registry. We estimate the following costs
to comply with this AD:
Estimated Costs for Required Actions
Labor cost
|
Parts cost
|
Cost per product
|
Cost on U.S. operators
|
1 work-hour × $85 per hour = $85 |
(1)
|
$85
|
$15,895
|
1 We have received no definitive data that will enable us to provide cost estimates for the required
parts.
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 available 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.
This AD is issued in accordance with authority delegated by the Executive Director, Aircraft
Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance
of ADs is normally a function of the Compliance and Airworthiness Division, but during this
transition period, the Executive Director has delegated the authority to issue ADs applicable to
transport category airplanes to the Director of the System Oversight Division.
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.
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.
§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):
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