[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Rules and Regulations]
[Pages 5808-5810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2151]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2003-NM-20-AD; Amendment 39-13041; AD 2003-02-51]
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.

-----------------------------------------------------------------------

SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2003-02-51 that was sent 
previously to all known U.S. owners and operators of Bombardier Model 
CL-600-2C10 (Regional Jet Series 700 and 701) series airplanes by 
individual notices. This AD requires an airplane flight manual (AFM) 
revision to introduce new quantity limitations for the center fuel tank 
and associated procedures; to limit flight to within 30 minutes of a 
suitable alternative airport; and to limit the center tank fuel 
quantity to 1,500 lbs. (680 kgs.) maximum at takeoff. This action is 
prompted by issuance of mandatory continuing airworthiness information 
by a civil airworthiness authority. The actions specified by this AD 
are intended to detect and correct discrepancies in the fuel 
distribution system, which could cause the center tank to overfill and 
fuel to leak from the center tank vent system or to become 
inaccessible, and could result in engine fuel starvation.

DATES: Effective February 10, 2003, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2003-02-51, 
issued January 16, 2003, 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 February 10, 2003.
    Comments for inclusion in the Rules Docket must be received on or 
before March 7, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2003-NM-20-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. 2003-NM-20-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: Rodrigo J. Huete, Flight Test Pilot, 
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) 256-7518; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: On January 16, 2003, the FAA issued 
emergency AD 2003-02-51, which is applicable to all Bombardier Model 
CL-600-2C10 (Regional Jet Series 700 and 701) series airplanes.

Background

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, advises that vibration and fuel line misalignment 
in the center tank has resulted in damage to fuel line couplings and 
cracks in the fuel feed lines. TCCA also advises that more recently 
four incidents have been reported of cracked fuel feed lines near the 
welded boss for the transfer ejector motive flow lines within the 
center fuel tank. The airplanes landed without incident. As a result of 
the fuel leakage into the center tank, an imbalance of fuel could occur 
within the fuel system and a significant amount of fuel may not be 
usable during flight. Discrepancies in the fuel distribution system, if 
not detected and corrected, could cause the center tank to overfill and 
fuel to leak from the center tank vent system or to become 
inaccessible, and could result in engine fuel starvation.

Explanation of Relevant Service Information

    Bombardier has issued Canadair Temporary Revision (TR) RJ 700/42, 
dated January 14, 2003, which describes procedures for revising the 
Limitations, Normal Procedures, and Abnormal Procedures sections of the 
Airplane Flight Manual (AFM) to introduce new quantity limitations for 
the center fuel tank and associated procedures. TCCA classified this TR 
as mandatory and issued Canadian airworthiness directive CF-2003-01, 
dated January 15, 2003, in order to ensure the continued airworthiness 
of these airplanes in Canada.

[[Page 5809]]

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.

Other Relevant Rulemaking

    On May 7, 2002, the FAA issued AD 2002-08-19, amendment 39-12731 
(67 FR 31939, May 13, 2002), applicable to all Bombardier Model CL-600-
2C10 (Regional Jet Series 700 and 701) series airplanes. That AD 
requires revising the AFM to address uncommanded transfer of fuel 
between the wing fuel tanks and the center fuel tank; revising the 
Minimum Equipment List (MEL); limiting airplane operation; and 
increasing normal mission fuel requirements by 3,000 pounds. That AD 
also requires modification of the fuel distribution system for the 
center tank; an inspection of the system for discrepancies; and 
corrective actions if necessary.
    This AD, however, addresses a newly identified failure mode in the 
fuel transfer system involving fuel leaks in the aft section of the 
center fuel tank, while the failure mode discussed in AD 2002-08-19 
involves fuel leaks in the forward section of the center fuel tank.

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 2003-02-51 to detect and correct 
discrepancies in the fuel distribution system, which could cause the 
center tank to overfill and fuel to leak from the center tank vent 
system or to become inaccessible, and could result in engine fuel 
starvation. The AD requires an AFM revision to introduce new quantity 
limitations for the center fuel tank and associated procedures; to 
limit flight to within 30 minutes of a suitable alternative airport; 
and to limit the center tank fuel quantity to 1,500 lbs. (680 kgs.) 
maximum at takeoff. This AD terminates certain requirements of AD 2002-
08-19.
    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 January 16, 2003, to all known U.S. owners and operators of 
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.

Interim Action

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

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 2003-NM-20-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:

2003-02-51 Bombardier, Inc. (Formerly Canadair): Amendment 39-13041. 
Docket 2003-NM-20-AD.

    Applicability: Model CL-600-2C10 (Regional Jet Series 700 and 
701) series airplanes, serial numbers (S/N) 10005 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

[[Page 5810]]

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 detect and correct discrepancies in the fuel distribution 
system, which could cause the center tank to overfill and fuel to 
leak from the center tank vent system or to 2 become inaccessible, 
and could 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 applicable Limitations, Normal Procedures, and Abnormal 
Procedures sections of Canadair Regional Jet Series 700 AFM CSP B-
012 by incorporating Canadair Temporary Revision (TR) RJ 700/42, 
dated January 14, 2003, and operate the airplane in accordance with 
those limitations and procedures.
    (b) When the information incorporating Canadair Temporary 
Revision RJ 700/42, dated January 14, 2003, has been incorporated 
into the general revisions of the AFM, the general revisions may be 
incorporated into the AFM, and these TRs may be removed from the 
AFM.
    (c) Within 2 days after the effective date of this AD, revise 
the Limitations section of Canadair Regional Jet Series 700 AFM CSP 
B-012 to limit operation of the airplane to flight within 30 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. Accomplishment of this action constitutes terminating action 
for the AFM revision required by paragraphs (c) and (g) of AD 2002-
08-19, amendment 12731.
    (d) Within 2 days after the effective date of this AD, revise 
the Limitations section of Canadair Regional Jet Series 700 of AFM 
CSP B-012 to specify that, prior to each further flight, the center 
fuel quantity must be limited to 1,500 lbs. maximum at takeoff. 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. 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, provided the 
limitations provided in paragraphs (f)(1), (f)(2), and (f)(3) of 
this AD are provided in the special flight permit:
    (1) Normal mission fuel requirements must be increased by 3000 
lbs.
    (2) Operations must be within thirty (30) minutes of a suitable 
alternate airport.
    (3) Center fuel tank limited to 1,500 lbs at takeoff.

Incorporation by Reference

    (g) The AFM revision required by paragraph (a) of this AD shall 
be done in accordance with Canadair Temporary Revision RJ 700/42, 
dated January 14, 2003. 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 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2003-01, dated January 15, 2003.

Effective Date

    (h) This amendment becomes effective on February 10, 2003, to 
all persons except those persons to whom it was made immediately 
effective by emergency AD 2003-02-51, issued January 16, 2003, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on January 24, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-2151 Filed 2-4-03; 8:45 am]
BILLING CODE 4910-13-P