[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Proposed Rules]
[Pages 36513-36515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15326]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-328-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Bombardier Model CL-600-

[[Page 36514]]

2B19 (Regional Jet Series 100 & 440) airplanes. This proposal would 
require installing new vent tube assemblies for the main fuel tanks; 
and, on certain airplanes, inspecting to measure the clearance between 
the vent system tubing and the applicable wing ribs, and corrective 
action if necessary. This action is necessary to prevent a fire hazard 
due to fuel spillage. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by July 18, 2003.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-328-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. 2001-NM-328-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 or 2000 or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. 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.

FOR FURTHER INFORMATION 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.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-328-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-328-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 
& 440) series airplanes. TCCA advises that fuel can enter the vent line 
system of the main tank and get trapped. During refueling, or ground 
and flight maneuvers, the fuel may spill from certain scoops onto the 
ground, run along the lower wing skin, accumulate in the dry bay, and 
possibly drip onto the main landing gear and brakes. This fuel 
spillage, if not corrected, could result in a fire hazard.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 601R-28-024, Revision `A', 
dated November 11, 1998, which describes procedures for installing new 
vent tube assemblies for the main fuel tanks to prevent fuel escaping 
from the tank vent lines and spilling. The service bulletin also 
describes procedures for inspecting certain airplanes to measure the 
clearance between the vent system tubing and the applicable wing ribs, 
and installing bracket assemblies on those airplanes to provide the 
proper clearance, if necessary. Accomplishment of the actions specified 
in the service bulletin is intended to adequately address the 
identified unsafe condition. TCCA classified this service bulletin as 
mandatory and issued Canadian airworthiness directive CF-2001-31, dated 
August 7, 2001, 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 Requirements of Proposed 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 States, the proposed AD would require accomplishment of 
the actions specified in the service bulletin described previously.

Changes to 14 CFR part 39/Effect on the Proposed AD

    On July 10, 2002, the FAA issued a new version of 14 CFR part 39 
(67 FR 47997, July 22, 2002), which governs the FAA's airworthiness 
directives system. The regulation now includes material that relates to 
altered products, special flight permits, and alternative methods of 
compliance. Because we have now included this material in part 39, only 
the office authorized to approve AMOCs is identified in each individual 
AD.

[[Page 36515]]

Cost Impact

    The FAA estimates that the proposed installation would be required 
to be accomplished on 45 Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes of U.S. registry, that it would take approximately 15 
work hours per airplane to accomplish the proposed installation, and 
that the average labor rate is $60 per work hour. Required parts would 
cost approximately $10,273 per airplane. Based on these figures, the 
cost impact of the proposed installation on U.S. operators is estimated 
to be $502,785, or $11,173 per airplane.
    The FAA estimates that the proposed inspection would be required to 
be accomplished on 43 Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes of U.S. registry, that it would take approximately 1 work 
hour per airplane to accomplish the proposed inspection, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed inspection on U.S. operators is estimated 
to be $2,580, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
regulation: (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); 
and (3) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting 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.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:

Bombardier, Inc. (Formerly Canadair): Docket 2001-NM-328-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes having serial numbers 7003 through 7067 inclusive and 7069 
through 7109 inclusive, certificated in any category; excluding 
those airplanes on which the actions specified in Bombardier Service 
Bulletin 601R-28-024, dated May 21,1996, have been accomplished. 
(This applicability includes airplanes informally identified as 
``Series 200.'')
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent a fire hazard due to fuel spillage, accomplish the 
following:

Installation

    (a) Within 180 days after the effective date of this AD, install 
new vent tube assemblies for the main fuel tanks, per Part A of 
paragraph 2.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-28-024, Revision `A', dated November 11, 1998.

Inspection and Corrective Action

    (b) For airplanes having serial numbers 7003 through 7035 
inclusive, and 7048 through 7057 inclusive: Before further flight 
after installing the vent tube assemblies as required by paragraph 
(a) of this AD, perform a general visual inspection to measure the 
clearance between the vent system tubing and the applicable wing 
rib, per Part B of paragraph 2.B. of the Accomplishment Instructions 
of Bombardier Service Bulletin 601R-28-024, Revision `A', dated 
November 11, 1998.

    Note 1: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

    (1) If the clearance between the vent system tubing and the 
applicable wing rib is 0.125 inch or more, no further action is 
required by this paragraph.
    (2) If the clearance between the vent system tubing and the 
applicable wing rib is less than 0.125 inch, prior to further 
flight, install the bracket assemblies in accordance with paragraphs 
B.(8) through B.(10) of the Accomplishment Instructions of the 
service bulletin.

Alternative Methods of Compliance

    (c) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-31, dated August 7, 2001.


    Issued in Renton, Washington, on June 11, 2003.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-15326 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-13-P