[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Rules and Regulations]
[Pages 14844-14846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-70-AD; Amendment 39-12688; AD 2002-06-51]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 and 701) 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) 2002-06-51 that was sent 
previously to all known U.S. owners and operators of certain Bombardier 
Model CL-600-2C10 (Regional Jet Series 700 and 701) series airplanes by 
individual notices. This AD requires revising the Airplane Flight 
Manual to provide procedures for addressing uncommanded transfer of 
fuel from wing fuel tanks to center fuel tank. This action also 
requires revising the Minimum Equipment List (MEL); limiting operation 
of the airplane to flight within 60 minutes of a suitable alternative 
airport; and ensuring that normal mission fuel requirements are 
increased by 3,000 pounds. This action was prompted by reports of 
uncommanded fuel transfer between the wing fuel tanks and the center 
fuel tank. The actions specified by this AD are intended to ensure that 
the flight crew has the procedures necessary to address such 
uncommanded fuel transfer, which could cause the center tank to 
overfill, and fuel to leak from the center tank vent system or to 
become inaccessible, and result in engine fuel starvation.

DATES: Effective April 2, 2002, to all persons except those persons to 
whom it was made immediately effective by emergency AD 2002-06-51, 
issued on March 12, 2002, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before April 29, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-70-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. 2002-NM-70-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.
    Information pertaining to this amendment 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.

FOR FURTHER INFORMATION CONTACT: Rodrigo J. Huete, Test Pilot, ANE-172, 
FAA, New York Aircraft Certification Office, 10 Fifth Street, Third 
Floor, Valley Stream, New York 11581; telephone (516) 256-7518; fax 
(516) 568-2716.

SUPPLEMENTARY INFORMATION: On March 12, 2002, the FAA issued emergency 
AD 2002-06-51, which is applicable to certain Bombardier Model CL-600-
2C10 (Regional Jet Series 700 and 701) series airplanes.
    That action was prompted by reports of uncommanded fuel transfer 
between the wing fuel tanks and the center fuel tank. Such uncommanded 
fuel transfer, if not corrected, could cause the center tank to 
overfill, and fuel to leak from the center tank vent system or to 
become

[[Page 14845]]

inaccessible, and result in engine fuel starvation. In addition, such 
fuel leakage on the ground could cause a fire.

Explanation of Relevant Service Information

    Canadair Regional Jet Series 700 Airplane Flight Manual (AFM) CSP 
B-012, Temporary Revision (TR) RJ 700/23-1, was issued on March 7, 
2002. The TR describes procedures for revising the Limitations section 
of the AFM that describes requirements for the prohibition of dispatch 
with the fuel quantity gauging system inoperative. In addition, the TR 
specifies additional fuel system limitations and additional changes to 
the ``L or R MAIN EJECTOR'' of the Abnormal Procedures section.
    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, classified the TR as mandatory and issued 
Canadian airworthiness directive CF-2002-19, dated March 8, 2002, in 
order to ensure the continued airworthiness of these airplanes in 
Canada.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, 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 the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 2002-06-51 to require revising 
specified sections of AFM CSP B-012 to provide the flight crew with the 
appropriate procedures to follow in order to address uncommanded 
transfer of fuel from the wing fuel tanks to the center fuel tank. The 
AFM actions are required to be accomplished per the previously 
referenced TR. This AD also requires each operator to revise the 
Minimum Equipment List (MEL) by removing certain relieving requirements 
specified in the MEL. In addition, this AD requires limiting operation 
of the airplane to flight within 60 minutes of a suitable alternative 
airport, and, prior to each further flight, ensuring that the normal 
mission fuel requirements are increased by 3,000 pounds.

Differences Between Canadian Airworthiness Directive and This AD

    Although the Canadian airworthiness directive did not include 
procedures for revising the MEL, or for prohibiting dispatch with fuel 
quantity inoperative, this AD includes those requirements.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Determination of Rule's Effective Date

    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 March 12, 2002 to all known U.S. owners and operators of 
certain Bombardier Model CL-600-2C10 (Regional Jet Series 700 and 701) 
series airplanes. These conditions still exist, and the AD is hereby 
published in the Federal Register as an amendment to section 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 Number 2002-NM-70-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, 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.

[[Page 14846]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-06-51  Bombardier, Inc. (Formerly Canadair): Amendment 39-
12688. Docket 2002-NM-70-AD.

    Applicability: Bombardier Model CL-600-2C10 (Regional Jet Series 
700 and 701) series airplanes, serial numbers 10005 through 10039 
inclusive, 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 (e) 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 ensure that the flight crew has the procedures necessary to 
address uncommanded fuel transfer between the wing fuel tanks and 
the center fuel tank, which could cause the center tank to overfill, 
and fuel to leak from the center tank vent system or to become 
inaccessible, and result in engine fuel starvation; accomplish the 
following:

Revision of Airplane Flight Manual (AFM)

    (a) Within 2 days after the effective date of this AD, revise 
the Limitations and Abnormal Procedures sections of Canadair 
Regional Jet Series 700 of FAA-approved AFM CSP B-012 to include the 
following information included in paragraphs (a)(1) and (a)(2) of 
this AD (this may be accomplished by inserting a copy of this AD 
into the AFM):
    (1) Revise the ``Limitations--Power Plant,'' Paragraph 6, 
``Fuel'' to include the following information, per Canadair 
Temporary Revision (TR) RJ 700/23-1, dated March 7, 2002: ``Dispatch 
with the fuel quantity gauging system inoperative is prohibited.''
    (2) Revise the ``Abnormal Procedures--Fuel,'' Paragraph H, ``L 
or R Main Ejector'' to include the following information, per 
Canadair TR RJ 700/23-1, dated March 7, 2002:

``H. L or R MAIN EJECTOR
    (1) Left and right boost pumps............  Confirm operating
    (2) Affected engine instruments...........  Monitor
    (3) Fuel tank quantity....................  Monitor and balance, if required
    If centre tank quantity increases
     abnormally (by more than 227 kg (500
     lb)):
    (4) Land at the nearest suitable airport.
    If centre tank quantity continues to
     increase (by more than 454 kg (1000 lb)):
    (5) Affected engine thrust................  IDLE
    (6) Consider shutting down affected engine
     to prevent centre tank transfer.
         Ensure both BOOST PUMPs are
         operating.
    If centre tank quantity further continues
     to increase (by more than 680 kg (1500
     lb)):
    (7) Land immediately at the nearest
     suitable airport.''
 

Revision of Minimum Equipment List (MEL)

    (b) Within 2 days after the effective date of this AD, remove 
the relieving requirements specified in MEL CL-600-2C10 for the 
following items.
     Transfer Ejectors (Center Tank) (Ref. Master Minimum 
Equipment List (MMEL) Item 28-13-07).
     Fuel Transfer shutoff values (SOV) (Center Tank) (Ref. 
MMEL Item 28-13-08).
     Xflow Pump (Ref. MMEL Item 28-13-10).
     Engine Indication and Crew Alerting System (EICAS) Fuel 
Tank Quantity Readouts (Left, Right, and Total) (Ref. MMEL Item 28-
41-01).
     EICAS Center and Total Fuel Tank Quantity Readouts 
(Ref. MMEL Item 28-41-02).
     Fuel Computer Channels (Ref. MMEL Item 28-41-03).

Operational Limitation

    (c) Within 2 days after the effective date of this AD, revise 
the Limitations section of Canadair Regional Jet Series 700 of FAA-
approved AFM CSP B-012 to limit operation of the airplane to flight 
within 60 minutes of a suitable alternative airport. This action may 
be accomplished by inserting a copy of this AD into the Limitations 
section of the AFM.

Operational Requirement

    (d) Within 2 days after the effective date of this AD, and prior 
to each further flight, revise the Limitations section of Canadair 
Regional Jet Series 700 of FAA-approved AFM CSP B-012 to ensure that 
the normal mission fuel requirements are increased by 3,000 pounds. 
This action may be accomplished by inserting a copy of this AD into 
the Limitations section of the AFM.

Alternative Methods of Compliance

    (e) 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, Transport Airplane Directorate. 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 2: 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

    (f) Special flight permits may be issued in accordance with 
sections 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. The operational 
limitations and requirements of paragraphs (c) and (d) of this AD 
will be applicable to all special flight permits.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-19, dated March 8, 2002.

Effective Date

    (g) This amendment becomes effective on April 2, 2002, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2002-06-51, issued on March 12, 2002, 
which contained the requirements of this amendment.

    Issued in Renton, Washington, on March 21, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-7409 Filed 3-27-02; 8:45 am]
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