[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Rules and Regulations]
[Pages 4040-4041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-617]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22793; Directorate Identifier 2005-NM-161-AD; 
Amendment 39-14462; AD 2006-02-10]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD requires replacing the Gask-O-Seal in the coupling 
of the refuel/defuel shut-off valves. 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.

DATES: This AD becomes effective March 1, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 1, 
2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, 
Station Centre-ville, Montreal, Quebec H3C 3G9, Canada, for service 
information identified in this 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:

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. That NPRM 
was published in the Federal Register on October 27, 2005 (70 FR 
61920). That NPRM proposed to require replacing the Gask-O-Seal in the 
coupling of the refuel/defuel shut-off valves.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment received.

Request To Reference Latest Issue of Service Bulletin

    One commenter requests that the NPRM reference Bombardier Alert 
Service Bulletin A601R-28-064, Revision `A,' dated September 15, 2005 
(Bombardier Alert Service Bulletin A601R-28-064, dated April 21, 2005, 
was referenced as the appropriate source of service information for 
doing the actions in the NPRM). The commenter notes that Revision `A' 
of the alert service bulletin is the latest issue with updated 
information.
    We agree with the commenter. The actions in Revision `A' of the 
alert service bulletin are essentially the same as the actions in the 
original issue. We have revised this AD to reference Revision `A' of 
the alert service bulletin. We have also added paragraph (g) to this AD 
to give credit for actions done in accordance with the original issue 
of the alert service bulletin and reidentified subsequent paragraphs 
accordingly.

Conclusion

    We have carefully reviewed the available data, including the 
comment received, and determined that air safety and the public 
interest require adopting the AD with the changes described previously. 
We have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

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

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


[[Page 4041]]

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 AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-02-10 Bombardier, Inc. (Formerly Canadair): Amendment 39-14462. 
Docket No. FAA-2005-22793; Directorate Identifier 2005-NM-161-AD.

Effective Date

    (a) This AD becomes effective March 1, 2006.

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, 
Revision `A,' dated September 15, 2005.

Replacement Accomplished According to Previous Issue of Service 
Bulletin

    (g) Replacements accomplished before the effective date of this 
AD in accordance with Bombardier Alert Service Bulletin A601R-28-
064, dated April 21, 2005, are considered acceptable for compliance 
with the corresponding action specified in this AD.

Parts Installation

    (h) 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)

    (i)(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

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

Material Incorporated by Reference

    (k) You must use Bombardier Alert Service Bulletin A601R-28-064, 
Revision `A,' dated September 15, 2005, to perform the actions that 
are required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference of this document in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Contact Bombardier, Inc., Canadair, Aerospace Group, 
P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, 
Canada, for a copy of this service information. You may review 
copies at the Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., room PL-401, Nassif 
Building, Washington, DC; on the Internet at http://dms.dot.gov; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at the NARA, call 
(202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on January 13, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-617 Filed 1-24-06; 8:45 am]
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