[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Rules and Regulations]
[Pages 16780-16783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6774]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2004-NM-41-AD; Amendment 39-13545; AD 2004-07-01]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700 & 701), and CL-600-2D24 (Regional Jet Series 900) 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) and CL-600-2D24 (Regional Jet Series 900) series 
airplanes. This action requires revising the airplane flight manual to 
advise the flightcrew to monitor the fuel quantity in the center fuel 
tank throughout the flight. This action also requires repetitive tests 
to detect a fuel leak between the wing fuel tanks and the center fuel 
tank; and further related investigative and corrective actions, if 
necessary. For certain airplanes, this AD also requires installation of 
flexible hoses and brackets in the fuel feed system. This action is 
necessary to detect and correct cracking in the primary fuel ejector. 
Cracking in the primary fuel ejector could cause fuel leakage into the 
center fuel tank, which could result in engine shutdown during flight. 
This action is intended to address the identified unsafe condition.

DATES: Effective April 15, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of April 15, 2004.
    Comments for inclusion in the Rules Docket must be received on or 
before April 30, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2004-NM-41-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 the Internet must contain 
``Docket No. 2004-NM-41-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 or 
2000 or ASCII text.
    The service information referenced in this AD 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, 1600 Stewart Avenue, Suite 410, Westbury, New York; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: James Delisio, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7321; fax (516) 794-5531.

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 Bombardier Model CL-
600-2C10 (Regional Jet Series 700 & 701) and CL-600-2D24 (Regional Jet 
Series 900) series airplanes. TCCA advises that there have been two 
instances of longitudinal cracks found in the primary fuel ejector on 
affected airplanes. This condition, if not corrected, could result in 
fuel leakage from the wing tanks into the center tank, which could 
cause engine shutdown during flight.

Explanation of Relevant Service Information

    Bombardier has issued the following Temporary Revisions (TRs) to 
the Airplane Flight Manuals (AFM), Document CSP B-012 (for Model CL-
600-2C10 (Regional Jet Series 700 & 701) series airplanes) and CSP C-
012 (for Model CL-600-2D24 (Regional Jet Series 900) series airplanes):
     CRJ Regional Jet (Bombardier) TR RJ 700/52-2, 
dated December 19, 2003, to the Bombardier Model CL-600-2C10 AFM, 
Document CSP B-012.
     CRJ Regional Jet (Bombardier) TR RJ 900/10-1, 
dated December 19, 2003, to the Bombardier Model CL-600-2D24 AFM, 
Document CSP C-012.
    These TRs describe revisions to the Abnormal Procedures section of 
the AFM to advise the flightcrew to monitor the fuel quantity in the 
center fuel tank throughout the flight.
    Bombardier has also issued CRJ 700/900 Regional Jet Alert Service 
Bulletin 670BA-28-025, Revision A, dated December 15, 2003. This 
service bulletin describes procedures for performing repetitive tests 
to detect fuel leaking between the wing tanks and the center tank. The 
leak test involves filling the wing fuel tanks with a specified 
quantity of fuel, and monitoring the amount of fuel increase in the 
center tank over time. The service bulletin describes procedures for 
sending the results of the leak test to the Bombardier Technical Help 
Desk.
    If the amount of fuel increase in the center fuel tank is more than 
150 pounds (68 Kgs), the service bulletin describes procedures for 
further related investigative and corrective actions. The related 
investigative action is performing a visual inspection of the center 
tank (including the ejectors and fuel system components) to determine 
the source of the leak. When the source of the leak is found, the 
corrective action is replacing any cracked or damaged part with a new 
part. The service bulletin also includes directions for faxing the 
results of inspections to Bombardier, and for sending all replaced 
parts to Bombardier.
    TCCA classified these TRs, and this service bulletin as mandatory 
and issued Canadian airworthiness directive CF-2004-04, dated February 
12, 2004, to ensure the continued airworthiness of these airplanes in 
Canada.
    For airplanes having serial number 10005 through 10065 inclusive, 
the service bulletin states that, prior to the leak test, flexible 
hoses and brackets must be installed in the fuel feed system in 
accordance with Bombardier CRJ 700 Regional Jet Service Bulletin 670BA-
28-008, Revision C, dated January 23, 2003. These installations are 
intended to address conditions that can result in fuel line and 
coupling damage, and leakage due to the combined effects of 
installation misalignment and vibration.

[[Page 16781]]

FAA's Conclusions

    These airplane models are manufactured in Canada and are 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 us informed of the 
situation described above. We have 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 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, this AD is being issued to revise the AFM to 
advise the flightcrew to monitor the fuel quantity in the center fuel 
tank throughout the flight. This AD also requires repetitive leak tests 
of the center fuel tank; a detailed inspection if a leak is detected; 
and repair, if necessary. For certain airplanes, this AD also requires 
installation of flexible hoses and brackets in the fuel feed system. 
The actions are required to be accomplished in accordance with the 
service information described previously, except as discussed below.

Differences Among the Canadian Airworthiness Directive, Service 
Bulletin, and This AD

    Although Service Bulletin 670BA-28-025, Revision A, and the 
Canadian airworthiness directive specify a ``visual inspection'' to 
determine the source of any leakage found during the leak test, this AD 
requires a ``detailed inspection.'' A definition of ``detailed 
inspection'' is included in Note 2 of this AD.
    Where the Canadian airworthiness directive refers to airplanes that 
have accumulated a certain number of flight hours ``since new,'' this 
AD uses the words ``since the date of issuance of the original 
Airworthiness Certificate or the date of issuance of the Export 
Certificate of Airworthiness, whichever occurs first.'' This decision 
is based on our determination that the words ``since new'' may be 
interpreted differently by different operators. We find that the 
terminology included in this AD is generally understood within the 
industry and records will always exist that establish these dates with 
certainty.
    The Canadian airworthiness directive allows for leak tests to be 
performed in accordance with CRJ 700/900 Regional Jet (Bombardier) 
Alert Service Bulletin 670BA-28-025, original issue, dated December 12, 
2003; or CRJ 700/900 Regional Jet (Bombardier) Alert Service Bulletin 
670BA-28-025, Revision A, dated December 15, 2003. However, this AD 
would require actions to be accomplished in accordance with Revision A. 
Revision A contains significant changes to procedures and compliance 
times.
    Although Service Bulletin 670BA-28-025, Revision A, and the 
Canadian airworthiness directive include sending reports of certain 
findings to the manufacturer, this AD does not include those 
requirements.
    Although Service Bulletin 670BA-28-025, Revision A includes 
instructions for sending all damaged parts to the manufacturer, this AD 
does not include that requirement.

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 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:
     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.
     For each issue, state what specific change to 
the AD is being requested.
     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 2004-NM-41-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

0
Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration

[[Page 16782]]

amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. Section 39.13 is amended by adding the following new airworthiness 
directive:

2004-07-01 Bombardier, Inc. (Formerly Canadair): Amendment 39-13545. 
Docket 2004-NM-41-AD.

    Applicability: Model CL-600-2C10 (Regional Jet Series 700 & 701) 
and CL-600-2D24 (Regional Jet Series 900) series airplanes, as 
listed in CRJ 700/900 Regional Jet (Bombardier) Alert Service 
Bulletin 670BA-28-025, Revision A, dated December 15, 2003; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To detect and correct cracking in the primary fuel ejector, 
which could cause fuel leakage into the center fuel tank, and result 
in engine shutdown during flight, accomplish the following:

Airplane Flight Manual (AFM) Revisions

    (a) Within 14 days after the effective date of this AD: Revise 
the Abnormal Procedures sections of the Bombardier Model CL-600-2C10 
and Model CL-600-2D24 Airplane Flight Manuals (AFM), Documents CSP 
B-012 and CSP C-012, to include the applicable Temporary Revisions 
(TR) specified in paragraphs (a)(1) and (a)(2) of this AD. 
Thereafter, operate the airplane per the limitations specified in 
these AFM revisions.
    (1) CRJ Regional Jet (Bombardier) TR RJ 700/52-2, dated December 
19, 2003, to the Bombardier Model CL-600-2C10 AFM, Document CSP B-
012.
    (2) CRJ (Bombardier) TR RJ 900/10-1, dated December 19, 2003, to 
the Bombardier Model CL-600-2D24 AFM, Document CSP C-012.

    Note 1: When information identical to that in the applicable TR 
specified in paragraphs (a)(1) and (a)(2) of this AD has been 
included in the general revisions of the applicable AFM, the general 
revisions may be inserted into the AFM, and the TR may be removed 
from the AFM.

Prior Requirement

    (b) For airplanes having serial numbers (S/N) 10005 through 
10065, inclusive; prior to accomplishing the leak test required by 
paragraph (c) of this AD, install flexible hoses and brackets in the 
fuel feed system in accordance with the Accomplishment Instructions 
of Bombardier CRJ 700 Regional Jet Service Bulletin, 670BA-28-008, 
Revision C, dated January 23, 2003.

Leak Tests

    (c) At the applicable compliance time, for the applicable S/N in 
Table 1 of this AD, do a leak test between the wing tanks and the 
center fuel tank in accordance with the Accomplishment Instructions 
of CRJ 700/900 Regional Jet (Bombardier) Alert Service Bulletin 
670BA-28-025, Revision A, dated December 15, 2003. Thereafter, 
repeat the leak test at intervals not to exceed 450 flight hours.

                     Table 1.--Leak Test Thresholds
------------------------------------------------------------------------
                                  Accumulated flight      Inspection
          Airplane S/N                   hours             threshold
------------------------------------------------------------------------
10005 through 10065, inclusive..  More than 2,500     Within 100 flight
                                   flight hours        hours after the
                                   since               effective date of
                                   accomplishment of   this AD.
                                   the service
                                   bulletin in
                                   paragraph (b) of
                                   this AD.
                                                     -------------------
10005 through 10065, inclusive..  2,500 flight hours  Within 250 flight
                                   or less since       hours after the
                                   accomplishment of   effective date of
                                   the service         this AD.
                                   bulletin in
                                   paragraph (b) of
                                   this AD.
                                                     -------------------
10003 and 10004; 10066 through    2,500 flight hours  Within 100 flight
 10999, inclusive; and 15001       or more since the   hours after the
 through 15990, inclusive.         date of issuance    effective date of
                                   of the original     this AD.
                                   Airworthiness
                                   Certificate or
                                   the date of
                                   issuance of the
                                   Export
                                   Certificate of
                                   Airworthiness,
                                   whichever occurs
                                   first.
                                                     -------------------
10003 and 10004; 10066 through    2,499 flight hours  Within 450 flight
 10999, inclusive; and 15001       or less since the   hours after the
 through 15990, inclusive.         date of issuance    effective date of
                                   of the original     this AD.
                                   Airworthiness
                                   Certificate or
                                   the date of
                                   issuance of the
                                   Export
                                   Certificate of
                                   Airworthiness,
                                   whichever occurs
                                   first.
------------------------------------------------------------------------

Detailed Inspection and Repair

    (d) If, during the leak test required by paragraph (c) of this 
AD, the amount of fuel increase in the center fuel tank is 150 
pounds (68 Kgs) or more: Before further flight, do the further 
investigative and corrective actions, in accordance with the 
Accomplishment Instructions of CRJ 700/900 Regional Jet (Bombardier) 
Alert Service Bulletin 670BA-28-025, Revision A, dated December 15, 
2003.

    Note 2: For the purposes of this AD, a detailed inspection is 
defined as: ``An intensive visual examination of a specific 
structural area, system, installation, or assembly to detect damage, 
failure, or irregularity. Available lighting is normally 
supplemented with a direct source of good lighting at intensity 
deemed appropriate by the inspector. Inspection aids such as mirror, 
magnifying lenses, etc., may be used. Surface cleaning and elaborate 
access procedures may be required.''

Actions Accomplished per Previous Releases of Service Bulletin 670BA-
28-008

    (e) Actions accomplished before the effective date of this AD in 
accordance with Bombardier CRJ 700 Regional Jet Service Bulletin 
670BA-28-008, Revision A, dated September 16, 2002; or Revision B, 
dated October 2, 2002; are considered acceptable for compliance with 
the corresponding action in this AD.

Reporting and Part Return Requirements

    (f) Although the Accomplishment Instructions of CRJ 700/900 
Regional Jet (Bombardier) Alert Service Bulletin 670BA-28-025, 
Revision A, dated December 15, 2003, specify to submit certain 
information to the manufacturer, and to return damaged parts to the 
manufacturer; this AD does not include such requirements.

Alternative Methods of Compliance

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

Incorporation by Reference

    (h) Unless otherwise specified in this AD, the actions shall be 
done in accordance with CRJ Regional Jet (Bombardier) Temporary 
Revision RJ 700/52-2 dated, December 19, 2003, to the Bombardier CL-
600-2C10 Airplane Flight Manual, Document CSP B-012; CRJ Regional 
Jet (Bombardier) Temporary Revision RJ 900/10-1, dated December 19, 
2003, to the Bombardier CL-600-2D24 Airplane Flight Manual, Document 
CSP C-012; CRJ 700/900 Regional Jet

[[Page 16783]]

(Bombardier) Alert Service Bulletin 670BA-28-025, Revision A, 
excluding Appendix A, dated December 15, 2003; and Bombardier CRJ 
700 Regional Jet Service Bulletin 670BA-28-008, Revision C, dated 
January 23, 2003; as applicable. 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, P.O. 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, 1600 Stewart Avenue, Westbury, 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-2004-04, dated February 12, 2004.

Effective Date

    (i) This amendment becomes effective on April 15, 2004.

    Issued in Renton, Washington, on March 19, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-6774 Filed 3-30-04; 8:45 am]
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