[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Rules and Regulations]
[Pages 7661-7663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2343]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0262; Directorate Identifier 2007-NM-247-AD; 
Amendment 39-15370; AD 2008-03-19]
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: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Bombardier Aerospace has completed a system safety review of the 
CL-600-2B19 aircraft fuel system * * *.
    The assessment showed that sealant has not been applied to bolts 
on the collector fuel tanks or the transfer ejector fuel pumps. Lack 
of sealant on the above-noted locations, if not corrected, could 
result in arcing and potential ignition source inside the fuel tank 
during lightning strikes and consequent fuel tank explosion. * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective March 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 17, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 3, 2007 (72 
FR 67870). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Bombardier Aerospace has completed a system safety review of the 
CL-600-2B19 aircraft fuel system against new fuel tank safety 
standards, introduced in Chapter 525 of the Airworthiness Manual 
through Notice of Proposed Amendment (NPA) 2002-043. The identified 
non-compliances were assessed using Transport Canada Policy Letter 
No. 525-001 to determine if mandatory corrective action is required.
    The assessment showed that sealant has not been applied to bolts 
on the collector fuel tanks or the transfer ejector fuel pumps. Lack 
of sealant on the above-noted locations, if not corrected, could 
result in arcing and potential ignition source inside the fuel tank 
during lightning strikes and consequent fuel tank explosion. To 
correct the unsafe condition, this directive mandates the 
application of sealant to the bolts that attach various fittings on 
the collector fuel tanks, [an inspection for a fillet seal and if 
necessary application of fillet seal] to the edges of the transfer 
ejector pumps and [an inspection for sealant and if necessary 
application of sealant] to the bolts that attach the transfer 
ejector pump to the transfer ejector pump casing.

You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect about 626 products of U.S. 
registry. We also estimate that it will take about 31 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost a negligible 
amount per product. Where the service information lists required parts 
costs that are covered under warranty, we have assumed that there will 
be no charge for these parts. As we do not control warranty coverage 
for affected parties, some parties may incur costs higher than 
estimated here. Based on these figures, we estimate the cost of this AD 
to the U.S. operators to be $1,552,480, or $2,480 per product.

[[Page 7662]]

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 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 this AD:
    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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 FAA amends Sec.  39.13 by adding the following new AD:

2008-03-19 Bombardier, Inc. (Formerly Canadair): Amendment 39-15370. 
Docket No. FAA-2007-0262; Directorate Identifier 2007-NM-247-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 
17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers 7003 through 7067 
and 7069 through 7924; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Bombardier Aerospace has completed a system safety review of the 
CL-600-2B19 aircraft fuel system against new fuel tank safety 
standards, introduced in Chapter 525 of the Airworthiness Manual 
through Notice of Proposed Amendment (NPA) 2002-043. The identified 
non-compliances were assessed using Transport Canada Policy Letter 
No. 525-001 to determine if mandatory corrective action is required.
    The assessment showed that sealant has not been applied to bolts 
on the collector fuel tanks or the transfer ejector fuel pumps. Lack 
of sealant on the above-noted locations, if not corrected, could 
result in arcing and potential ignition source inside the fuel tank 
during lightning strikes and consequent fuel tank explosion. To 
correct the unsafe condition, this directive mandates the 
application of sealant to the bolts that attach various fittings on 
the collector fuel tanks, [an inspection for a fillet seal and if 
necessary application of fillet seal] to the edges of the transfer 
ejector pumps and [an inspection for sealant and if necessary 
application of sealant] to the bolts that attach the transfer 
ejector pump to the transfer ejector pump casing.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this 
AD: For airplanes with serial numbers 7003 through 7067 and 7069 
through 7797, apply sealant to bolts on the collector fuel tanks 
according to the Accomplishment Instructions of Bombardier Service 
Bulletin 601R-28-051, Revision A, dated March 30, 2005.
    (2) Within 5,000 flight hours after the effective date of this 
AD: For airplanes with serial numbers 7003 through 7067 and 7069 
through 7924, do a general visual inspection of the left and right 
transfer ejector pumps for the presence of a fillet seal on the edge 
of the pumps and sealant on the bolts, according to the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-28-
060, Revision A, dated March 30, 2005.
    (3) If during the inspection required by paragraph (f)(2) of 
this AD any fillet seal is found missing from the edge of the 
transfer ejector pump or sealant is found missing from any of the 
bolts, prior to further flight, apply fillet seal and sealant as 
applicable to the affected areas according to the Accomplishment 
Instructions of Bombardier Service Bulletin 601R-28-060, Revision A, 
dated March 30, 2005.
    (4) Application of sealant prior to the effective date of this 
AD according to Bombardier Service Bulletin 601R-28-051, dated May 
12, 2003, satisfies the requirements of paragraph (f)(1) of this AD.
    (5) Inspection and application of sealant and fillet seal prior 
to the effective date of this AD according to Bombardier Service 
Bulletin 601R-28-060, dated January 28, 2004, satisfy the 
corresponding requirements of paragraphs (f)(2) and (f)(3) of this 
AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: 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. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your appropriate principal inspector (PI) in 
the FAA Flight Standards District Office (FSDO), or lacking a PI, 
your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they

[[Page 7663]]

are approved by the State of Design Authority (or their delegated 
agent). You are required to assure the product is airworthy before 
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2007-17, 
dated September 4, 2007; and Bombardier Service Bulletins 601R-28-
051 and 601R-28-060, both Revision A, both dated March 30, 2005; for 
related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-28-051, 
Revision A, dated March 30, 2005; and Bombardier Service Bulletin 
601R-28-060, Revision A, dated March 30, 2005; as applicable; to do 
the actions required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call (202) 741-6030, 
or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on January 31, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-2343 Filed 2-8-08; 8:45 am]
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