[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Proposed Rules]
[Pages 64857-64859]
[FR Doc No: 2011-27011]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1089; Directorate Identifier 2011-NM-110-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model BD-100-1A10
(Challenger 300) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    During a routine inspection, deformation was found at the neck
of the pressure regulator body on the oxygen Cylinder and Regulator
Assemblies (CRA) of a BD-700-1A11 aeroplane.
    An investigation by the vendor * * * revealed that the
deformation was attributed to two (2) batches of raw material that
did not meet the required tensile strength. This may cause
elongation of the pressure regulator neck, which could result in
rupture of the oxygen cylinder and in the case of cabin
depressurization, oxygen not being available when required.
* * * * *

    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by December 5,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

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, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1089;
Directorate Identifier 2011-NM-110-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will

consider all comments received by the closing date and may amend this
proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-09, dated May 13, 2011 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:

    During a routine inspection, deformation was found at the neck
of the pressure regulator body on the oxygen Cylinder and Regulator
Assemblies (CRA) of a BD-700-1A11 aeroplane.
    An investigation by the vendor, Avox Systems Inc., revealed that
the deformation was attributed to two (2) batches of raw material
that did not meet the required tensile strength. This may cause
elongation of the pressure regulator neck, which could result in
rupture of the oxygen cylinder and in the case of cabin
depressurization, oxygen not being available when required.
    Although there have been no reported failures to date on any
Model BD-100-1A10 aeroplanes, oxygen pressure regulators, Part
Numbers (P/N) 806370-06 and 806370-14 could be part of the affected
batches.
    This [Canadian] directive mandates [an inspection to determine
if a certain oxygen CRA is installed and] the replacement of oxygen
CRAs containing pressure regulators that do not meet the required
material properties.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 100-35-05, Revision 02,
dated January 31, 2011. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 79 products of U.S. registry. We also estimate that
it would take about 3 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $20,145, or $255 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 AD:

Bombardier, Inc.: Docket No. FAA-2011-1089; Directorate Identifier
2011-NM-110-AD.

Comments Due Date

    (a) We must receive comments by December 5, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model BD-100-1A10
(Challenger 300) airplanes, certificated in any category, serial
numbers 20003 and subsequent.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    During a routine inspection, deformation was found at the neck
of the pressure regulator body on the oxygen Cylinder and Regulator
Assemblies (CRA) of a BD-700-1A11 aeroplane.
    An investigation by the vendor * * * revealed that the
deformation was attributed to two (2) batches of raw material that
did not meet the required tensile strength. This may cause
elongation of the pressure regulator neck, which could result in
rupture of the oxygen cylinder and in the case of cabin
depressurization, oxygen not being available when required.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) For airplanes having serial numbers 20003 through 20291
inclusive: Within 750 flight hours after the effective date of this
AD, do an inspection of oxygen pressure regulators having P/N
806370-06 or 806370-14, to determine the serial number, in
accordance with paragraph 2.B.(2) of the Accomplishment Instructions
of Bombardier Service Bulletin 100-35-05, Revision 02, dated January
31, 2011.
    (1) If the serial number of the oxygen pressure regulator is
listed in Table 2 of the Accomplishment Instructions of Bombardier
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011,
replace the affected oxygen CRA, in accordance with paragraph 2.C.
of the Accomplishment Instructions of Bombardier Service Bulletin
100-35-05, Revision 02, dated January 31, 2011.
    (2) If the serial number of the oxygen pressure regulator is not
listed in Table 2 of the Accomplishment Instructions of Bombardier
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, no
further action is required by this paragraph.

Parts Installation

    (h) For all airplanes: As of the effective date of this AD, no
person may install an oxygen pressure regulator (P/N 806370-06 or
806370-14) having any serial number listed in Table 2 of Bombardier
Service Bulletin 100-35-05, Revision 02, dated January 31, 2011, on
any airplane, unless a suffix ``-A'' is beside the serial number.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows:
    The MCAI applicability specifies only airplanes having certain
serial numbers and prohibits installation of the affected part on
those airplanes. Because the affected part could be rotated onto any
of the Model BD-100-1A10 (Challenger 300) airplanes, this AD applies
to serial numbers 20003 and subsequent. This difference has been
coordinated with Transport Canada Civil Aviation (TCCA).

Other FAA AD Provisions

    (i) 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. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; 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) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2011-09,
dated May 13, 2011; and Bombardier Service Bulletin 100-35-05,
Revision 02, dated January 31, 2011; for related information.

    Issued in Renton, Washington, on October 11, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-27011 Filed 10-18-11; 8:45 am]
BILLING CODE 4910-13-P