[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 31-33]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32878]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-269-AD; Amendment 39-12995; AD 2002-26-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701) Series Airplanes

AGENCY: Federal Aviation Administration, (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Bombardier Model CL-600-2C10 (Regional Jet 
Series 700 & 701) series airplanes. This action requires revising the 
airplane flight manual (AFM) to advise the flightcrew to limit use of 
the auxiliary power unit (APU) to ground operation only, except for 
those in-flight emergencies described in the AFM when use of the APU is 
specified. This action also provides for optional terminating action 
for the requirements of this AD. This action is necessary to prevent 
fuel from being sprayed throughout the APU compartment and drawn out of 
the APU exhaust duct due to a cracked APU fuel nozzle, which could 
result in a fire or explosion in the APU compartment during flight. 
This action is intended to address the identified unsafe condition.

DATES: Effective January 17, 2003.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 17, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before February 3, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-269-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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-269-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 service information referenced in this AD 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: For questions regarding the AFM 
revision, contact James Delisio, Aerospace Engineer, Airframe and 
Propulsion Branch, ANE-171, FAA, New York Aircraft Certification 
Office, 10 Fifth Street, Third Floor, Valley Stream, New York 11581; 
telephone (516) 256-7521; fax (516) 568-2716. For questions regarding 
the APU replacement, contact Roger Pesuit, Aerospace Engineer, 
Propulsion Branch, ANM-140L, FAA, Los Angeles Aircraft Certification 
Office, 3960 Paramount Boulevard, Lakewood, California 90712-4137; 
telephone (562) 627-5251; fax (562) 627-5210.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, recently notified the 
FAA that an unsafe condition may exist on certain Model CL-600-2C10 
(Regional Jet Series 700 & 701) series airplanes. TCCA advises that 
fuel nozzles installed on the auxiliary power unit (APU) on these 
airplanes may crack and leak fuel into the APU compartment. According 
to the APU manufacturer, the cracks develop during APU start. Cracks 
are not readily detectable when the APU is installed in the airplane. 
An APU fuel nozzle can crack due to fatigue, and the resulting leak 
could cause fuel to spray throughout the APU compartment and be drawn 
out of the APU exhaust duct. This condition, if not corrected, could 
result in a fire or explosion in the APU compartment during flight.

Explanation of Relevant Service Information

    Bombardier has issued Temporary Revision (TR) RJ 700/28-2, dated 
November 5, 2002, to the Canadair Regional Jet Series 700 Airplane 
Flight Manual. The TR advises the flightcrew to limit use of the APU to 
ground operation only, except for those in-flight emergencies described 
in the AFM when use of the APU is specified. TCCA has approved the TR 
for these airplanes in Canada. By approving the TR, TCCA also mandates 
its immediate incorporation into the AFM; therefore, TCCA did not issue 
a Canadian airworthiness directive to specifically mandate 
incorporation of the TR.
    The FAA has reviewed Honeywell Alert Service Bulletin RE220-49-
A7714, dated November 4, 2002, which describes procedures for replacing 
all APU fuel nozzles with new fuel nozzles (including installing new 
seals and washers; reidentifying the APU; and torqueing the bolts and 
fuel manifold connector within specified ranges). The service bulletin 
specifically cautions against intermixing fuel nozzle part numbers on 
an APU or interchanging the subject (``-2'') fuel nozzles on a modified 
APU.

U.S. Type Certification of the Airplane

    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 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. TCCA fully agrees with the requirements and compliance time 
specified in this AD.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United

[[Page 32]]

States, this AD is being issued to prevent fuel from being sprayed 
throughout the APU compartment and drawn out of the APU exhaust duct 
due to a cracked APU fuel nozzle, which could result in a fire or 
explosion in the APU compartment during flight. This AD requires 
revising the AFM to advise the flightcrew to limit use of the APU to 
ground operation only, except for those in-flight emergencies described 
in the AFM when use of the APU is specified.
    This AD also provides for optional terminating action for the 
actions required by this AD. In accord with TCCA's findings, the FAA 
has determined that the operating limitations imposed by this AD can 
remain in place in lieu of accomplishment of a terminating action. In 
making this determination, the FAA considers that, in this case, 
implementing the AFM limitations will adequately ensure long-term 
continued operational safety before the unsafe condition could present 
a safety risk to the airplane.

Difference Between AD and Service Bulletin

    Although the service bulletin recommends that operators send all 
removed fuel nozzles to Honeywell, this AD does not require operators 
to do so.

Interim Action

    This is considered to be interim action. The FAA may consider 
requiring eventual replacement of the APU fuel nozzles, which would 
allow operators to remove the AFM limitation required by this AD. 
However, the planned compliance time for APU fuel nozzle replacement, 
if required, would be long enough to practicably provide notice and 
opportunity for public comment before the final rule is issued.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

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.
    Submit comments using the following format:
    [sbull] Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] Include justification (e.g., reasons or data) for each 
request.
    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-269-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:

2002-26-07 Bombardier, Inc. (Formerly Canadair): Amendment 39-12995. 
Docket 2002-NM-269-AD.
    Applicability: Model CL-600-2C10 (Regional Jet Series 700 & 701) 
series airplanes, certificated in any category, on which auxiliary 
power unit (APU) Model RE220(RJ), part number WE3800770-2, is 
installed.


    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 (c) 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 fuel from being sprayed throughout the APU compartment 
and drawn out of the APU exhaust duct due to a cracked APU fuel nozzle, 
which could result in a fire or explosion in the APU compartment during 
flight, accomplish the following:

[[Page 33]]

Revision of Airplane Flight Manual (AFM)

    (a) Within 1 day after the effective date of this AD, revise the 
``Limitations--Power Plant'' section of the FAA-approved Canadair 
Regional Jet Series 700 (AFM) to include the information specified in 
Temporary Revision RJ 700/28-2, dated November 5, 2002, which advises 
the flightcrew to limit use of the APU to ground operation only, except 
for those in-flight emergencies described in the AFM when use of the 
APU is specified. This may be accomplished by inserting a copy of 
Temporary Revision RJ 700/28-2 into the AFM.

Optional Terminating Action

    (b) Replacement of all APU fuel nozzles with new fuel nozzles 
(including installing new seals and washers; torqueing the bolts and 
fuel manifold connector within specified ranges; and then reidentifying 
the APU) in accordance with Honeywell Alert Service Bulletin RE220-49-
A7714, dated November 4, 2002, terminates the requirements of paragraph 
(a) of this AD. After the replacement, the limitations required by 
paragraph (a) of this AD may be removed from the AFM.

    Note 2: The ``Limitations--Power Plant'' procedures specified by 
paragraph (a) of this AD are required to be implemented only on 
affected airplanes, i.e., those with APU Model RE220(RJ), part 
number WE3800770-2, installed. However, individual pilots may 
operate other airplanes that do not have the subject APU installed, 
and that are not subject to those limitations and procedures. 
Therefore, to avoid any confusion or misunderstanding, it is 
important that airlines have communication mechanisms in place to 
ensure that pilots are aware, for each flight, whether the 
limitations apply.

Alternative Methods of Compliance

    (c) 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 must submit their requests through an appropriate 
FAA Principal Maintenance/Operations 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

    (d) 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.

Incorporation by Reference

    (e) The required actions shall be done in accordance with Canadair 
Regional Jet Series 700 Airplane Flight Manual Temporary Revision RJ 
700/28-2, dated November 5, 2002. The replacement, if accomplished, 
shall be done in accordance with Honeywell Alert Service Bulletin 
RE220-49-A7714, dated November 4, 2002. 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.

Effective Date

    (f) This amendment becomes effective on January 17, 2003.


    Issued in Renton, Washington, on December 23, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-32878 Filed 12-31-02; 8:45 am]
BILLING CODE 4910-13-U