[Federal Register Volume 70, Number 207 (Thursday, October 27, 2005)]
[Proposed Rules]
[Pages 61920-61922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21435]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22793; Directorate Identifier 2005-NM-161-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This proposed AD would require replacing the Gask-O-
Seal in the coupling of the refuel/defuel shut-off valves. This 
proposed AD results from a report that Gask-O-Seals that did not 
incorporate an integral restrictor to limit fuel flow rate and fuel 
pressure during refueling were installed on certain airplanes. We are 
proposing this AD to prevent a buildup of excessive static charge, 
which could create an ignition source inside the fuel tank.

DATES: We must receive comments on this proposed AD by November 28, 
2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http:// http://dms.dot.gov">dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 61921]]

    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centreville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this proposed AD.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, 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) 228-7331; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
22793; Directorate Identifier 2005-NM-161-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://
http://dms.dot.gov">dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of 
that Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at http://
http://dms.dot.gov">dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. TCCA advises that incorrectly identified Gask-O-Seals have 
been installed on certain production airplanes and have been delivered 
as part of a modification kit for Bombardier Service Bulletin 601R-28-
053, dated July 12, 2004. The incorrectly identified Gask-O-Seal did 
not incorporate an integral restrictor to limit fuel flow rate and fuel 
pressure during refueling. This condition, if not corrected, could 
result in a buildup of excessive static charge, which could create an 
ignition source inside the fuel tank.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-28-064, dated 
April 21, 2005. The alert service bulletin describes procedures for 
replacing the Gask-O-Seal, part number (P/N) 202297, in the coupling of 
the refuel/defuel shut-off valves with a new Gask-O-Seal, P/N 
601R62085-1. Accomplishing the actions specified in the service 
information is intended to adequately address the unsafe condition. 
TCCA mandated the service information and issued Canadian airworthiness 
directive CF-2005-18, dated June 9, 2005, to ensure the continued 
airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of the Proposed AD

    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. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                                   Average                   Cost per      U.S.-
              Action                 Work hours   labor rate     Parts       airplane    registered   Fleet cost
                                                   per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Replacement.......................            1          $65           $0          $65          720      $46,800
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.

[[Page 61922]]

    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket. See the 
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2005-22793; 
Directorate Identifier 2005-NM-161-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November 
28, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category, as 
specified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airplanes having serial numbers 7003 through 7067 inclusive 
and 7069 through 7939 inclusive on which Bombardier Service Bulletin 
601R-28-053, dated July 12, 2004, has been accomplished.
    (2) Airplanes having serial numbers 7940 through 7988 inclusive.

Unsafe Condition

    (d) This AD results from a report that Gask-O-Seals that did not 
incorporate an integral restrictor to limit fuel flow rate and fuel 
pressure during refueling were installed on certain airplanes. We 
are issuing this AD to prevent a buildup of excessive static charge, 
which could create an ignition source inside the fuel tank.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replacement

    (f) Within 550 flight hours after the effective date of this AD, 
replace the Gask-O-Seal in the coupling of the refuel/defuel shut-
off valves by doing all the actions specified in the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A601R-28-064, 
dated April 21, 2005.

Parts Installation

    (g) As of the effective date of this AD, no person may install a 
Gask-O-Seal, part number 202297, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) Canadian airworthiness directive CF-2005-18, dated June 9, 
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on October 18, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-21435 Filed 10-26-05; 8:45 am]
BILLING CODE 4910-13-P