[Federal Register Volume 67, Number 5 (Tuesday, January 8, 2002)]
[Rules and Regulations]
[Pages 812-814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-88]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-383-AD; Amendment 39-12577; AD 2001-26-51]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2001-26-51 that was sent 
previously to all known U.S. owners and operators of certain Bombardier 
Model CL-600-2B19 series airplanes by individual notices. This AD 
requires deactivation of the center tank fuel transfer shutoff valves 
by opening circuit breakers and installing a circuit breaker lock ring 
and disconnecting and stowing the electrical wiring, replacing certain 
valves with valves having a different part number, reconnecting certain 
circuit breaker wires, removing lock rings, and resetting the 
associated circuit breakers. For certain airplanes, this AD requires an 
AFM revision to prohibit operation with more than 200 pounds of fuel in 
the center fuel tank. This AD also has a provision for operating other 
airplanes with the center fuel tank full and with both fuel transfer 
shutoff valves inoperative. This action is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by this AD are intended 
to prevent ignition of fuel vapor in the center wing tank and 
consequent fire and explosion.

DATES: Effective January 14, 2002, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2001-26-51, 
issued December 14, 2001, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 14, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before February 7, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-383-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-383-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The applicable service information may be obtained from Bombardier, 
Inc., Canadair, Aerospace Group, PO Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. This information may be examined at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, New York Aircraft Certification Office, 10 
Fifth Street, Third Floor, Valley Stream, New York; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Luciano L. Castracane, Aerospace 
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York 
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley 
Stream, New York 11581; telephone (516) 256-7535; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: On December 14, 2001, the FAA issued 
emergency AD 2001-26-51, which is applicable to certain Bombardier 
Model CL-600-2B19 series airplanes. That action was prompted by the 
manufacturer's discovery of an unsafe condition while conducting the 
safety review of the fuel tank system required by Special Federal 
Aviation Regulation Number 88 (SFAR 88), Fuel Tank System Fault 
Tolerance Requirements. In addition to other requirements, SFAR 88 
requires that certain type certificate and supplemental type 
certificate holders conduct a safety review of the airplane fuel tank 
system to determine that the design meets the latest fuel tank ignition 
prevention requirements.
    The center tank fuel transfer shutoff valve is operated by a 
solenoid. The solenoid closes the valve and maintains it in the closed 
position when electrical power is applied to the solenoid. Certain 
valves have two solenoids. As a result of the safety review, the valve 
was tested with one solenoid failed. During this bench testing, the 
manufacturer found that a failed valve could overheat to a temperature 
that exceeds the fuel hot surface ignition point. This condition, if 
not corrected, could result in ignition of fuel vapor in the center 
wing tank and consequent fire and explosion.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-28-045, Revision 
``A,'' dated December 7, 2001, which describes procedures for 
deactivation of the center tank fuel transfer shutoff valves by opening 
circuit breakers and installing a circuit breaker lock ring, and 
disconnecting and stowing the circuit breaker electrical wire. 
Transport Canada Civil Aviation (TCCA) classified this alert service 
bulletin as mandatory and issued Canadian airworthiness directive CF-
2001-47, dated December 11, 2001, in order to ensure the continued 
airworthiness of these airplanes in Canada.
    In addition to the actions specified in the alert service bulletin, 
the Canadian airworthiness directive also requires replacing certain 
valves with valves having a different part number, reconnecting certain 
circuit breaker wires, removing lock rings, and resetting the 
associated circuit breakers. For airplanes on which a certain fuel tank 
vent modification has not been accomplished, the Canadian airworthiness 
directive also requires an airplane flight manual (AFM) revision to 
prohibit operation with more than 200 pounds of fuel in the center fuel 
tank. The Canadian airworthiness directive also has a provision for 
operating airplanes on which that modification has been accomplished 
with the center fuel tank full and with both fuel transfer shutoff 
valves inoperative.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement,

[[Page 813]]

TCCA has kept the FAA informed of the situation described above. The 
FAA has examined the findings of TCCA, reviewed all available 
information, and determined that AD action is necessary for products of 
this type design that are certificated for operation in the United 
States.

Explanation of the Requirements of the Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design registered 
in the United States, this airworthiness directive is issued to prevent 
ignition of fuel vapor in the center wing tank and consequent fire and 
explosion. The AD requires deactivation of the center tank fuel 
transfer shutoff valves by opening circuit breakers and installing a 
circuit breaker lock ring and disconnecting and stowing the electrical 
wiring. Those actions are required to be accomplished in accordance 
with the alert service bulletin described previously.
    This AD also requires replacing certain valves with valves having a 
different part number, reconnecting certain circuit breaker wires, 
removing lock rings, and resetting the associated circuit breakers. For 
certain airplanes, this AD requires an AFM revision to prohibit 
operation with more than 200 pounds of fuel in the center fuel tank. 
This AD also has a provision for operating other airplanes with the 
center fuel tank full and with both fuel transfer shutoff valves 
inoperative.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on December 14, 2001, to all known U.S. owners and operators of 
certain Bombardier Model CL-600-2B19 series airplanes. These conditions 
still exist, and the AD is hereby published in the Federal Register as 
an amendment to Sec. 39.13 of the Federal Aviation Regulations (14 CFR 
39.13) to make it effective as to all persons.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket 2001-NM-383-AD.'' The postcard will be date-stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, may be obtained from the Rules Docket at the 
location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2001-26-51  Bombardier, Inc. (Formerly Canadair): Amendment 39-
12577. Docket 2001-NM-383-AD.

    Applicability: Model CL-600-2B19 series airplanes, serial 
numbers 7003 and subsequent, certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (h) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent ignition of fuel vapor in the center wing tank and 
consequent fire and explosion, accomplish the following:

Lock Ring Installation

    (a) For all airplanes: Within 24 hours after the effective date 
of this AD, open circuit breakers identified in paragraph 2.B. of 
the Accomplishment Instructions of Bombardier Alert Service Bulletin 
A601R-28-045, Revision ``A,'' dated December 7, 2001, and install a 
lock ring on the circuit breakers, in accordance with PART A of the 
Accomplishment Instructions of the alert service bulletin.

    Note 2: Accomplishment of the requirements of paragraphs (a) and 
(c) in accordance with Bombardier Alert Service Bulletin A601R-28-
045, dated December 6, 2001, prior to the effective date of this AD 
is acceptable for compliance with the requirements of those 
paragraphs.


[[Page 814]]



AFM Revision for Certain Airplanes

    (b) For airplanes having serial numbers 7003 through 7109 
inclusive: Concurrently with the accomplishment of the requirements 
of paragraph (a) of this AD, determine whether the fuel vent system 
has been modified in accordance with Bombardier Service Bulletin 
601R-28-024, Revision ``A,'' dated November 11, 1998.
    (1) For airplanes on which the fuel vent system HAS been 
modified in accordance with the service bulletin: No further action 
is required by paragraph (b) of this AD.
    (2) For airplanes on which the fuel vent system HAS NOT been 
modified in accordance with the service bulletin: Prior to further 
flight, revise the Limitations section of the Airplane Flight Manual 
(AFM) to include the following (this may be accomplished by 
inserting a copy of this AD into the AFM):

``THE AIRPLANE MUST NOT BE OPERATED WITH MORE THAN 200 POUNDS OF 
FUEL IN THE CENTER FUEL TANK.''

Following accomplishment of the requirements of paragraph (d), the 
AFM revision shall be removed from the AFM. Where the provisions of 
this AD and the Master Minimum Equipment List (MMEL) differ, this AD 
prevails.

Disconnection and Stowage of Electrical Wiring

    (c) For all airplanes: Within 4 days after the effective date of 
this AD, disconnect and stow the electrical wires from the circuit 
breakers opened as required by paragraph (a) of this AD, in 
accordance with Accomplishment Instructions of Bombardier Alert 
Service Bulletin A601R-28-045, Revision ``A,'' dated December 7, 
2001.

Identification of Valve Part Number

    (d) For all airplanes: Within 45 days after the effective date 
of this AD, determine the part number (P/N) of the fuel transfer 
shutoff valves installed in the center fuel tank, and accomplish the 
following, as applicable.
    (1) If any valve has P/N 601R62256-5, remove the valve in 
accordance with Maintenance Manual task number 28-13-43-000-801, and 
replace it with a valve having P/N 601R62256-3 in accordance with 
Maintenance Manual task number 28-13-43-400-801; and reactivate the 
fuel transfer shutoff valve by accomplishing the requirements of 
paragraph (d)(1)(i) or (d)(1)(ii) of this AD, as applicable.
    (i) For airplanes that have NOT been modified in accordance with 
Bombardier Service Bulletin 601R-28-022: Open the CBP-1; remove 
protective tubing, if applicable; release ``Unstow'' the wire and 
reconnect it to its respective breaker CB1-N9, in accordance with 
Wiring Manual 28-20-50; close the CBP-1; remove the ``INOP'' label 
and the lock ring from breaker CB1-N9; carry out AMM Task 28-13-43-
710-801, ``Operational Test of Fuel Transfer SOV''; and remove the 
AFM limitation required by paragraphs (b)(2) and (f) of this AD.
    (ii) For airplanes that HAVE been modified in accordance with 
Bombardier Service Bulletin 601R-28-022: Open the CBP-1 and CBP-2; 
remove protective tubing, if applicable; release ``Unstow'' the 
wires and reconnect them to their respective breaker CB1-N9 or CB2-
P9, in accordance with Wiring Manual 28-20-50; close the CBP-1 and 
CBP-2; remove the ``INOP'' labels and lock rings from breakers CB1-
N9 and CB2-P9; carry out AMM Task 28-13-43-710-801, ``Operational 
Test of Fuel Transfer SOV''; and remove the AFM limitation required 
by paragraph (f) of this AD.
    (2) If all valves have P/N 601R62256-3, reactivate the fuel 
transfer shutoff valve by accomplishing the requirements of 
paragraph (d)(2)(i) or (d)(2)(ii) of this AD, as applicable.
    (i) For airplanes that have NOT been modified in accordance with 
Bombardier Service Bulletin 601R-28-022: Open the CBP-1; remove 
protective tubing, if applicable; release ``Unstow'' the wire and 
reconnect it to its respective breaker CB1-N9, in accordance with 
Wiring Manual 28-20-50; close the CBP-1; remove the ``INOP'' label 
and the lock ring from breaker CB1-N9; carry out AMM Task 28-13-43-
710-801, ``Operational Test of Fuel Transfer SOV''; and remove the 
AFM limitation required by paragraphs (b)(2) and (f) of this AD.
    (ii) For airplanes that HAVE been modified in accordance with 
Bombardier Service Bulletin 601R-28-022: Open the CBP-1 and CBP-2; 
remove protective tubing, if applicable; release ``Unstow'' the 
wires and reconnect them to their respective breaker CB1-N9 or CB2-
P9, in accordance with Wiring Manual 28-20-50; close the CBP-1 and 
CBP-2; remove the ``INOP'' labels and lock rings from breakers CB1-
N9 and CB2-P9; carry out AMM Task 28-13-43-710-801, ``Operational 
Test of Fuel Transfer SOV''; and remove the AFM limitation required 
by paragraph (f) of this AD.

Dispatch of Airplane With Inoperative Valves

    (e) Except as required by paragraph (b) of this AD: The airplane 
may be operated with the center fuel tank full and with both fuel 
transfer shutoff valves inoperative (applicable circuit breakers 
opened as specified by paragraph (a) of this AD), until 
accomplishment of paragraph (d) of this AD. Where the provisions of 
this AD and the MMEL differ, this AD prevails.

AFM Revision

    (f) Concurrently with accomplishing the actions required by 
paragraph (a) of this AD, revise the Limitations section of the AFM 
to include the following (this may be accomplished by inserting a 
copy of this AD into the AFM):

    ``Note: When the applicable circuit breakers are opened, power 
is removed from the fuel transfer shutoff valves (SOVs). The fuel 
transfer SOVs remain open and will continuously allow the transfer 
of the fuel from the center tank to the wings. The fuel in the 
center tank is usable. The wing tanks will indicate FULL until the 
center tank is empty, and an EICAS LR X-FER SOV message will either 
indicate ON GROUND, or the message may disappear during climb but 
will remain on during the remainder of the flight.''

Following accomplishment of the requirements of paragraph (d), the 
AFM revision shall be removed from the AFM. Where the provisions of 
this AD and the MMEL differ, this AD prevails.

Spares

    (g) As of the effective date of this AD, no person may install a 
fuel transfer shutoff valve having P/N 601R62256-5 on any airplane.

Alternative Methods of Compliance

    (h) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, New York ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

Special Flight Permits

    (i) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (j) The actions required by paragraphs (a) and (c) of this AD 
shall be done in accordance with Bombardier Alert Service Bulletin 
A601R-28-045, Revision ``A,'' dated December 7, 2001. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Bombardier, Inc., Canadair, 
Aerospace Group, PO Box 6087, Station Centre-ville, Montreal, Quebec 
H3C 3G9, Canada. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the FAA, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

    Note 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-47, dated December 11, 2001.

Effective Date

    (k) This amendment becomes effective on January 14, 2002, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2001-26-51, issued December 14, 2001, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on December 20, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-88 Filed 1-7-02; 8:45 am]
BILLING CODE 4910-13-U