Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. The NPRM published in the Federal Register on May 10, 2013 (78 FR 27314). The NPRM proposed to correct an unsafe condition for the specified products.
Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF- 2013-01, dated January 22, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for the specified products. The MCAI states:
It was found that traces of oil could be present in the crew oxygen system due to the use of incorrect pressure testing procedures during manufacturing. Field sampling of nine aeroplanes have confirmed this condition. When the oxygen system is used, oil contaminants can cause an ignition and result in a fire in the oxygen system.
This [Canadian] AD mandates the cleaning of the crew oxygen system to reduce oil contaminants to a safe level.
You may examine the MCAI in the AD docket on the Internet at http:/ /www.regulations.gov/
[[Page 79288]]
!documentDetail;D=FAA-2013-0370-0002.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comments received.
Request to Revise the NPRM (78 FR 27314, May 10, 2013) Based On New Service Information
ExpressJet requested the NPRM (78 FR 27314, May 10, 2013) be revised due to a new revision of the service information. ExpressJet stated that since the NPRM was issued, Bombardier Service Bulletin 670BA-35-012, Revision B, including Appendix A, dated May 6, 2013, has been released.
We agree with ExpressJet's request to use Bombardier Service Bulletin 670BA-35-012, Revision B, including Appendix A, dated May 6, 2013. We have updated paragraph (g) of this final rule in this regard. We have also added a new paragraph (h) to this final rule to give credit for actions done before the effective date of this AD using Bombardier Service Bulletin 670BA-35-012, dated August 3, 2012; and Bombardier Service Bulletin 670BA-35-012, Revision A, dated November 26, 2012. Subsequent paragraphs have been redesignated accordingly.
Request To Revise the Compliance Time
The Air Line Pilots Association (ALPA) requested we revise the compliance time. ALPA stated it understands the requirements of the NPRM (78 FR 27314, May 10, 2013) take 51 work-hours per product, but stated that the safety benefit would necessitate a compliance time of between 12 and 24 months.
We do not agree with ALPA's request. We determined that the proposed compliance time of ``within 6,600 flight hours or 36 months after the effective date of this AD, whichever occurs first'' is appropriate in consideration of the safety implications, the average utilization rate of the affected fleet, and the practical aspects of an orderly cleaning of the crew oxygen system. In addition, TCCA and Bombardier, Inc., reviewed the risks and found the compliance time to be adequate. We have not changed the final rule in this regard.
Conclusion
We reviewed the available data, including 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 changes:
Are consistent with the intent that was proposed in the NPRM (78 FR 27314, May 10, 2013) for correcting the unsafe condition; and
Do not add any additional burden upon the public than was already proposed in the NPRM (78 FR 27314, May 10, 2013).
Costs of Compliance
We estimate that this AD affects 400 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs ----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Cleaning the Crew Oxygen System..... 51 work-hours x $85 per $827 $5,162 $2,064,800
hour = $4,335. ----------------------------------------------------------------------------------------------------------------
Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here.
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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0370-0002; 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 AD, the MCAI, 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.