Airworthiness Directives; Bombardier, Inc., Airplanes, 6525-6527 [2012-2912]
Download as PDF
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Proposed Rules
Issued in Renton, Washington on January
27, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–2911 Filed 2–7–12; 8:45 am]
BILLING CODE 4910–13–P
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., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposed airworthiness directive (AD)
for certain Bombardier, Inc. Model BD–
100–1A10 (Challenger 300) airplanes.
That NPRM proposed an inspection to
determine if a certain oxygen cylinder
and regulator assembly (CRA) is
installed and the replacement of
affected oxygen CRAs. That NPRM was
prompted by reports of deformation
found at the neck of the pressure
regulator body on the oxygen CRA. This
action revises that NPRM by revising the
compliance times. We are proposing
this supplemental NPRM to prevent
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. Since
these actions impose an additional
burden over that proposed in the NPRM,
we are reopening the comment period to
allow the public the chance to comment
on these proposed changes.
DATES: We must receive comments on
this proposed AD by March 26, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• 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,
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
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14:45 Feb 07, 2012
Jkt 226001
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,
ˆ
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 https://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 (425) 227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://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 (800) 647–5527) 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 (516) 228–
7318; fax (516) 794–5531.
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 https://
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.
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Fmt 4702
Sfmt 4702
6525
Discussion
We proposed to amend 14 CFR part
39 with an earlier NPRM for the
specified products, which was
published in the Federal Register on
October 19, 2011 (76 FR 64857). That
earlier NPRM proposed to require
actions intended to address the unsafe
condition for Model BD–100–1A10
(Challenger 300) airplanes.
Since that NPRM (76 FR 64857,
October 19, 2011) was issued, we have
determined that a revision to the
compliance time is needed. We are
changing the compliance time in
paragraph (g) of this supplemental
NPRM to ‘‘within 750 flight hours, or 6
months after the effective date of this
AD, whichever occurs first.’’ We have
determined that this compliance time is
adequate to address the unsafe
condition.
You may obtain further information
by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM (76
FR 64857, October 19, 2011), or on the
determination of the cost to the public.
Additional Change
We have made minor editorial
changes to this supplemental NPRM.
We have determined that these minor
editorial changes:
• Are consistent with the intent that
was proposed in the NPRM (76 FR
64857, October 19, 2011) for correcting
the unsafe condition; and
• Do not add any additional burden
upon the public than was already
proposed in the NPRM (76 FR 64857,
October 19, 2011).
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.
Certain changes described above
expand the scope of the earlier NPRM
(76 FR 64857, October 19, 2011). As a
result, we have determined that it is
necessary to reopen the comment period
to provide additional opportunity for
E:\FR\FM\08FEP1.SGM
08FEP1
6526
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Proposed Rules
the public to comment on this proposed
AD.
Differences Between This AD and the
MCAI or Service Information
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).
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
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
VerDate Mar<15>2010
14:45 Feb 07, 2012
Jkt 226001
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);
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.
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc.: Docket No. FAA–2011–
1089; Directorate Identifier 2011–NM–
110–AD.
(a) Comments Due Date
We must receive comments by March 26,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model
BD–100–1A10 (Challenger 300) airplanes,
certificated in any category, serial numbers
20003 and subsequent.
(d) Subject
Air Transport Association (ATA) of
America Code 35: Oxygen.
(e) Reason
This AD was prompted by reports of
deformation found at the neck of the pressure
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Frm 00023
Fmt 4702
Sfmt 4702
regulator body on the oxygen cylinder and
regulator assembly (CRA). We are issuing this
AD to prevent 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.
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
compliance times specified, unless the
actions have already been done.
(g) Actions
For airplanes having serial numbers 20003
through 20291 inclusive: Within 750 flight
hours, or within 6 months after the effective
date of this AD, whichever occurs first,
inspect 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.
(h) Parts Installation
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.
(i) Other FAA AD Provisions
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 (516) 228–7300; 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.
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08FEP1
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Proposed Rules
(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.
(j) Related Information
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 January
26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–2912 Filed 2–7–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 162
[Docket No. USCBP–2011–0022]
RIN 1651–AA94
Internet Publication of Administrative
Seizure and Forfeiture Notices
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Notice of proposed rulemaking.
AGENCIES:
This rule proposes to amend
the U.S. Customs and Border Protection
(CBP) regulations to allow for
publication of notices of seizure and
intent to forfeit on an official
Government forfeiture Web site. CBP
anticipates that the changes proposed in
this rule would reduce administrative
costs and improve the effectiveness of
CBP’s notice procedures as Internet
publication would reach a broader range
of the public and provide access to more
parties who may have an interest in the
seized property.
DATES: Written comments must be
received on or before April 9, 2012.
ADDRESSES: You may submit comments,
identified by Docket Number USCBP–
2011–0022, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
via docket number USCBP–2011–0022.
• Mail: Trade and Commercial
Regulations Branch, Regulations and
Rulings, Office of International Trade,
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
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14:45 Feb 07, 2012
Jkt 226001
U.S. Customs and Border Protection,
799 9th Street NW. (Mint Annex),
Washington, DC 20229–1179.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Trade and
Commercial Regulations Branch,
Regulations and Rulings, Office of
International Trade, U.S. Customs and
Border Protection, 799 9th Street NW.,
5th Floor, Washington, DC.
Arrangements to inspect submitted
comments should be made in advance
by calling Mr. Joseph Clark at (202) 325–
0118.
FOR FURTHER INFORMATION CONTACT:
Dennis McKenzie, Director, Fines,
Penalties and Forfeitures Division,
Office of Field Operations, U.S. Customs
and Border Protection, (202) 344–1808.
SUPPLEMENTARY INFORMATION:
Background
General
U.S. Customs and Border Protection
(CBP) has authority to seize property
violating certain laws enforced or
administered by CBP or U.S.
Immigration and Customs Enforcement
(ICE). Such seized property may be
forfeited and disposed of in a manner
specified by applicable provisions of
law. Generally, these forfeiture statutes
authorize the government to take
possession of and legally acquire title to
the seized property. Under the CBP
forfeiture procedure, a party may assert
a claim to the seized property through
judicial or administrative proceedings.
Applicable Law and Regulations
Section 607 of the Tariff Act of 1930,
as amended, authorizes CBP to
implement administrative forfeiture
procedures under prescribed
circumstances. 19 U.S.C. 1607. The
statute requires CBP to publish notice of
seizure and intent to forfeit for at least
three successive weeks, in such manner
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6527
as the Secretary of the Treasury directs.1
CBP is also required to issue written
notice of the seizure and forfeiture to
each party who appears to have an
interest in the seized property. The
written notice must contain information
on the applicable procedures.
CBP regulations set forth the current
procedure that CBP must follow when it
seizes and gives notice of intent to
forfeit property under administrative
forfeiture proceedings, as required
under 19 U.S.C. 1607. 19 CFR 162.45.
These procedures apply when CBP
seizes: (1) A prohibited importation; (2)
a transporting conveyance if used to
import, export, transport or store a
controlled substance or listed chemical;
(3) any monetary instrument within the
meaning of 31 U.S.C. 5312(a)(3); or (4)
any conveyance, merchandise, or
baggage, the value of which does not
exceed $500,000 (19 CFR 162.45(a)).
CBP regulations provide two different
methods to notify the public of seized
property based on the appraised value
of the property. First, for seized
property appraised at more than $5,000,
CBP must publish administrative
seizure and forfeiture notices for at least
three successive weeks in a newspaper
circulated at the customs port and in the
judicial district where CBP seized the
property. 19 CFR 162.45(b)(1). CBP also
notifies all known parties-in-interest in
advance of the pending newspaper
publication and the expected dates of
publication of the notice. For seized
property appraised at $5,000 or less,
CBP accomplishes publication by
posting a notice in a conspicuous place
accessible to the public at the
customhouse nearest the place of
seizure. 19 CFR 162.45(b)(2). The notice
shows the date of posting and remains
posted for at least three successive
weeks.
Proposed Amendments
This notice of proposed rulemaking
(NPRM) proposes to revise the manner
by which CBP provides notice of intent
to forfeit seized property appraised at
more than $5,000 and seized property
appraised at $5,000 or less. First, this
rule proposes that CBP (including the
U.S. Border Patrol where appropriate)
would utilize the Department of Justice
(DOJ) forfeiture Web site, located at
https://www.forfeiture.gov, to post
seizure and forfeiture notices for
property appraised in excess of $5,000
in value for 30 consecutive days. This
DOJ Web site currently contains a
comprehensive list of pending notices of
1 The Secretary of the Treasury has delegated this
authority to the Secretary of Homeland Security
pursuant to Treasury Department Order 100–16.
E:\FR\FM\08FEP1.SGM
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Agencies
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Proposed Rules]
[Pages 6525-6527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2912]
-----------------------------------------------------------------------
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., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
-----------------------------------------------------------------------
SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Bombardier, Inc. Model BD-100-1A10 (Challenger 300)
airplanes. That NPRM proposed an inspection to determine if a certain
oxygen cylinder and regulator assembly (CRA) is installed and the
replacement of affected oxygen CRAs. That NPRM was prompted by reports
of deformation found at the neck of the pressure regulator body on the
oxygen CRA. This action revises that NPRM by revising the compliance
times. We are proposing this supplemental NPRM to prevent 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. Since these actions impose an additional
burden over that proposed in the NPRM, we are reopening the comment
period to allow the public the chance to comment on these proposed
changes.
DATES: We must receive comments on this proposed AD by March 26, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
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 (514) 855-5000; fax (514) 855-7401; email
thd.crj@aero.bombardier.com; Internet https://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 (425) 227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 (800) 647-5527) 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 (516) 228-7318; fax (516) 794-5531.
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 https://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
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
October 19, 2011 (76 FR 64857). That earlier NPRM proposed to require
actions intended to address the unsafe condition for Model BD-100-1A10
(Challenger 300) airplanes.
Since that NPRM (76 FR 64857, October 19, 2011) was issued, we have
determined that a revision to the compliance time is needed. We are
changing the compliance time in paragraph (g) of this supplemental NPRM
to ``within 750 flight hours, or 6 months after the effective date of
this AD, whichever occurs first.'' We have determined that this
compliance time is adequate to address the unsafe condition.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 64857, October 19,
2011), or on the determination of the cost to the public.
Additional Change
We have made minor editorial changes to this supplemental NPRM. We
have determined that these minor editorial changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 64857, October 19, 2011) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 64857, October 19, 2011).
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.
Certain changes described above expand the scope of the earlier
NPRM (76 FR 64857, October 19, 2011). As a result, we have determined
that it is necessary to reopen the comment period to provide additional
opportunity for
[[Page 6526]]
the public to comment on this proposed AD.
Differences Between This AD and the MCAI or Service Information
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).
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);
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.
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.
(a) Comments Due Date
We must receive comments by March 26, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model BD-100-1A10
(Challenger 300) airplanes, certificated in any category, serial
numbers 20003 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 35: Oxygen.
(e) Reason
This AD was prompted by reports of deformation found at the neck
of the pressure regulator body on the oxygen cylinder and regulator
assembly (CRA). We are issuing this AD to prevent 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.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Actions
For airplanes having serial numbers 20003 through 20291
inclusive: Within 750 flight hours, or within 6 months after the
effective date of this AD, whichever occurs first, inspect 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.
(h) Parts Installation
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.
(i) Other FAA AD Provisions
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 (516) 228-7300; 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.
[[Page 6527]]
(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.
(j) Related Information
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 January 26, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-2912 Filed 2-7-12; 8:45 am]
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