[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Rules and Regulations]
[Pages 13100-13103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4501]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0413; Directorate Identifier 2007-NM-341-AD; 
Amendment 39-15414; AD 2008-06-02]
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 
aircraft fuel system against fuel tank safety standards * * *.
    [A]ssessment showed that supplemental maintenance tasks [for 
certain bonding jumpers, wiring harnesses, and hydraulic systems, 
among other items] are required to prevent potential ignition 
sources inside the fuel system, which could result in a fuel tank 
explosion. * * *

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

DATES: This AD becomes effective April 16, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 16, 
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:

[[Page 13101]]

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 January 4, 2008 (73 
FR 833). (A correction of the rule was published in the Federal 
Register on January 31, 2008 (73 FR 5767).) 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 
aircraft fuel system against fuel tank standards introduced in 
Chapter 525 of the Airworthiness Manual through Notice of Proposed 
Amendment (NPA) 2002-043. The identified non-compliances were then 
assessed using Transport Canada Policy Letter No. 525-001, to 
determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks [for 
certain bonding jumpers, wiring harnesses, and hydraulic systems, 
among other items] are required to prevent potential ignition 
sources inside the fuel system, which could result in a fuel tank 
explosion. Revision has been made to Canadair Regional Jet Model CL-
600-2B19 Maintenance Requirements Manual, CSP A-053, Part 2, 
Appendix D, ``Fuel System Limitations'' to introduce the required 
maintenance tasks.

The corrective action is revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate new 
limitations for fuel tank systems. 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.

Changes Made to This AD

    For standardization purposes, we have revised this AD in the 
following ways:
     We have revised paragraph (f)(1) of this AD to add a 
reference to ``Transport Canada Civil Aviation (TCCA) (or its delegated 
agent)'' for approval of a particular document. We also revised 
paragraph (f)(5) of this AD to specify that no alternative inspections 
or inspection intervals may be used unless they are part of a later 
approved revision of Appendix D, ``Fuel System Limitations,'' of Part 
2, ``Airworthiness Requirements,'' of Bombardier CL-600-2B19 
Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 
2007, or unless they are approved as an alternative method of 
compliance (AMOC). Inclusion of this paragraph in the AD is intended to 
ensure that the AD-mandated airworthiness limitations changes are 
treated the same as the airworthiness limitations issued with the 
original type certificate.
     In addition, we have simplified the language in Note 1 of 
this AD to clarify that an operator must request approval for an 
alternative method of compliance (AMOC) if an operator cannot 
accomplish the required inspections because an airplane has been 
previously modified, altered, or repaired in the areas addressed by the 
required inspections.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 affects about 689 products of U.S. 
registry. We also estimate that it takes about 1 work-hour per product 
to comply with the basic requirements of this AD. The average labor 
rate is $80 per work-hour. Based on these figures, we estimate the cost 
of the AD on U.S. operators to be $55,120, or $80 per product.

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:

[[Page 13102]]

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:

2008-06-02 Bombardier, Inc. (Formerly Canadair): Amendment 39-15414. 
Docket No. FAA-2007-0413; Directorate Identifier 2007-NM-341-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
16, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, certificated in any 
category, all serial numbers.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

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 
aircraft fuel system against fuel tank standards introduced in 
Chapter 525 of the Airworthiness Manual through Notice of Proposed 
Amendment (NPA) 2002-043. The identified non-compliances were then 
assessed using Transport Canada Policy Letter No. 525-001, to 
determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks [for 
certain bonding jumpers, wiring harnesses, and hydraulic systems, 
among other items] are required to prevent potential ignition 
sources inside the fuel system, which could result in a fuel tank 
explosion. Revision has been made to Canadair Regional Jet Model CL-
600-2B19 Maintenance Requirements Manual, CSP A-053, Part 2, 
Appendix D, ``Fuel System Limitations'' to introduce the required 
maintenance tasks.

The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after the effective date of this AD, or on or 
before December 16, 2008, whichever occurs first, revise the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the inspection and 
maintenance requirements, as applicable, in Appendix D, ``Fuel 
System Limitations,'' of Part 2, ``Airworthiness Requirements,'' of 
Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, 
Revision 7, dated May 10, 2007 (``the MRM''), task numbers 28-11-00-
601, 28-11-00-602, 28-11-00-603, 28-11-00-604, 29-33-01-601, and 29-
33-01-602. For those task numbers, the initial compliance times 
start from the later of the times specified in paragraphs (f)(1)(i) 
and (f)(1)(ii) of this AD, and the repetitive inspections must be 
accomplished thereafter at the interval specified in the MRM, except 
as provided by paragraphs (f)(2), (f)(3), (f)(4), (f)(5) and (g)(1) 
of this AD. Accomplishing the revision in accordance with a later 
revision of the MRM is an acceptable method of compliance if the 
revision is approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA, or Transport Canada Civil Aviation (TCCA) (or its 
delegated agent).
    (i) The effective date of this AD.
    (ii) The date of issuance of the original Canadian standard 
airworthiness certificate or the date of issuance of the original 
Canadian export certificate of airworthiness.
    (2) For airplanes having more than 15,000 flight hours as of the 
effective date of this AD, the initial compliance time for Tasks 28-
11-00-601, 28-11-00-602, 28-11-00-603, and 28-11-00-604 is within 
5,000 flight hours after the effective date of this AD. Thereafter, 
these tasks must be accomplished within the repetitive interval 
specified in Appendix D, ``Fuel System Limitations,'' of Part 2, 
``Airworthiness Requirements,'' of Bombardier CL-600-2B19 
Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 
2007.
    (3) For Task 29-33-01-601, the initial compliance time is within 
5,000 flight hours after the effective date of this AD. Thereafter, 
task 29-33-01-601 must be accomplished within the repetitive 
interval specified in Appendix D, ``Fuel System Limitations,'' of 
Part 2, ``Airworthiness Requirements,'' of Bombardier CL-600-2B19 
Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10, 
2007.
    (4) For airplanes having more than 27,500 flight hours as of the 
effective date of this AD, the initial compliance time for Task 29-
33-01-602 is within 2,500 flight hours after the effective date of 
this AD. Thereafter, this task must be accomplished within the 
repetitive interval specified in Appendix D, ``Fuel System 
Limitations,'' of Part 2, ``Airworthiness Requirements,'' of 
Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, 
Revision 7, dated May 10, 2007.
    (5) After accomplishing the actions specified in paragraphs 
(f)(1), (f)(2), (f)(3), and (f)(4) of this AD, no alternative 
inspections or inspection intervals may be used unless the 
inspection or interval is part of a later revision of Appendix D, 
``Fuel System Limitations,'' of Part 2, ``Airworthiness 
Requirements,'' of Bombardier CL-600-2B19 Maintenance Requirements 
Manual CSP A-053, Revision 7, dated May 10, 2007, that is approved 
by the Manager, New York ACO, FAA, or TCCA (or its delegated agent); 
or the limit or interval is approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (g)(1) of this AD.

FAA AD Differences

    Note 2: 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 (ACO), 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 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-2007-29, 
dated November 22, 2007, and Appendix D, ``Fuel System 
Limitations,'' of Part 2, ``Airworthiness Requirements,'' of 
Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-053, 
Revision 7, dated May 10, 2007.

Material Incorporated by Reference

    (i) You must use Appendix D, ``Fuel System Limitations,'' of 
Part 2, ``Airworthiness Requirements,'' of Bombardier CL-600-2B19 
Maintenance Requirements Manual CSP-053, Revision 7, dated May 10, 
2007, to do the actions

[[Page 13103]]

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 February 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-4501 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-13-P