[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Rules and Regulations]
[Pages 63349-63352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25299]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0643; Directorate Identifier 2008-NM-094-AD; 
Amendment 39-15698; AD 2008-22-03]
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.

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

SUMMARY: We are superseding an existing 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 November 28, 2008.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 63350]]

of a certain publication, listed in this AD, as of April 16, 2008 (73 
FR 13100, March 12, 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 June 20, 2008 (73 FR 
35095) and proposed to supersede AD 2008-06-02, Amendment 39-15414 (73 
FR 13100, March 12, 2008). 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 
(ALS) 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 considered the comments received.

Request To Clarify Airplanes Subject to Certain Tasks

    Comair and Air Wisconsin request that we clarify which airplanes 
are subject to certain tasks identified in the NPRM. Comair states that 
Tasks 28-11-00-601, 28-11-00-602, and 28-11-00-604 require inspections 
on airplanes that are post-modsum or post-service bulletin. Comair 
states that since the NPRM restates the phase-in requirements of 
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, (the ``MRM''), the 
``effectivity'' statements specified in the MRM for the tasks should 
also be included. Air Wisconsin notes that in the MRM, Task 28-11-00-
604 applies only to post-Service Bulletin 601R-28-059 airplanes. Air 
Wisconsin questions if the intent of the NPRM is for Task 28-11-00-604 
to also be performed on pre-service bulletin airplanes.
    We agree with the commenters that we must clarify which airplanes 
are affected by Tasks 28-11-00-601, 28-11-00-602, and 28-11-00-604. 
Although the MCAI does not refer to the ``effectivity'' statement 
specified in the MRM, we have determined only those airplanes 
identified in the ``effectivity'' statement specified in the MRM are 
subject to the corresponding tasks.
    We have revised paragraph (f)(2) of this AD by adding paragraphs 
(f)(2)(i) and (f)(2)(ii) to clarify that only airplanes identified in 
the ``effectivity'' statement specified in the MRM for Tasks 28-11-00-
601, 28-11-00-602, and 28-11-00-604 are subject to the action specified 
in paragraph (f)(2) of this AD.
    We have also removed Tasks 28-11-00-601, 28-11-00-602, and 28-11-
00-604 from paragraph (g)(1)(i) of this AD and added new paragraph 
(g)(1)(iii) to clarify the compliance times for airplanes not 
identified in paragraph (f)(2)(ii) of this AD.

Removed Reference to ``Later Revisions'' of Service Information

    We removed the reference to ``later revisions'' of the applicable 
service information in paragraphs (f)(1), (f)(5), and (g)(2) of this AD 
to be consistent with FAA policy and Office of the Federal Register 
regulations. We may consider approving the use of later revisions of 
the service information as an alternative method of compliance with 
this AD, as provided by paragraph (h)(1) of this AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We 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 will affect 689 products of U.S. registry. 
We also estimate that it will take 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 
this AD to the 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

[[Page 63351]]

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 removing Amendment 39-15414 (73 FR 
13100, March 12, 2008) and adding the following new AD:

2008-22-03 Bombardier, Inc. (Formerly Canadair): Amendment 39-15698. 
Docket No. FAA-2008-0643; Directorate Identifier 2008-NM-094-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
28, 2008.

Affected ADs

    (b) This AD supersedes AD 2008-06-02, Amendment 39-15414.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100 and 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 (h)(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 (ALS) of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Restatement of Certain Requirements of AD 2008-06-02

    (f) Unless already done, do the following actions.
    (1) Within 60 days after April 16, 2008 (the effective date of 
AD 2008-06-02), 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-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. Except as required by paragraph (g)(1) 
of this AD, for those task numbers, the initial compliance times 
start at the applicable time specified in paragraphs (f)(2), (f)(3), 
and (f)(4) of this AD, and the repetitive inspections must be 
accomplished thereafter at the interval specified in the MRM, except 
as provided by paragraphs (f)(5) and (h)(1) of this AD.
    (2) For airplanes identified in paragraphs (f)(2)(i) and 
(f)(2)(ii) 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 April 16, 2008. 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-053, Revision 7, dated May 10, 2007 (``the MRM'').
    (i) For Task 28-11-00-603: Airplanes having more than 15,000 
flight hours as of April 16, 2008.
    (ii) For Tasks 28-11-00-601, 28-11-00-602, and 28-11-00-604: 
Airplanes having more than 15,000 flight hours as of April 16, 2008, 
and which are identified in the applicable ``effectivity'' statement 
specified in the MRM for Tasks 28-11-00-601, 28-11-00-602, and 28-
11-00-604.
    (3) For Task 29-33-01-601, the initial compliance time is within 
5,000 flight hours after April 16, 2008. 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-053, Revision 7, dated May 10, 2007.
    (4) For airplanes having more than 27,500 flight hours as of 
April 16, 2008, the initial compliance time for Task 29-33-01-602 is 
within 2,500 flight hours after April 16, 2008. 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-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/limitation tasks or inspection/limitation task intervals 
may be used unless the inspection/limitation task or inspection/
limitation task interval is approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (h)(1) of this AD.

New Requirements of This AD: Actions and Compliance

    (g) Unless already done, do the following actions.
    (1) At the times specified in paragraphs (g)(1)(i), (g)(1)(ii), 
and (g)(1)(iii) of this AD, as applicable, do the initial inspection 
for Tasks 28-11-00-601, 28-11-00-602, 28-11-00-603, 28-11-00-604, 
and 29-33-01-602, as

[[Page 63352]]

applicable, in 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 (``the MRM''), and thereafter repeat the inspection at the 
applicable interval specified in the MRM, except as provided by 
paragraphs (g)(2) and (h)(1) of this AD.
    (i) For airplanes not identified in paragraph (f)(2)(i) of this 
AD, the initial compliance time for Task 28-11-00-603 is before the 
accumulation of 20,000 total flight hours, or within 5,000 flight 
hours after the effective date of this AD, whichever occurs later.
    (ii) For airplanes not identified in paragraph (f)(4) of this 
AD, the initial compliance time for Task 29-33-01-602 is before the 
accumulation of 30,000 total flight hours, or within 2,500 flight 
hours after the effective date of this AD, whichever occurs later.
    (iii) For airplanes not identified in paragraph (f)(2)(ii) of 
this AD, the initial compliance time for Tasks 28-11-00-601, 28-11-
00-602, and 28-11-00-604, is within 20,000 flight hours after 
accomplishing the applicable modsum or service bulletin specified in 
the MRM for the task, or within 5,000 flight hours after the 
effective date of this AD, whichever occurs later.
    (2) After accomplishing the actions specified in paragraphs 
(g)(1) of this AD, no alternative inspections/limitation tasks or 
inspection/limitation task intervals may be used unless the 
inspection/limitation task or inspection/limitation task interval is 
approved as an AMOC in accordance with the procedures specified in 
paragraph (h)(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

    (h) 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

    (i) 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-053, 
Revision 7, dated May 10, 2007; for related information.

Material Incorporated by Reference

    (j) 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 required by this AD, unless the AD specifies 
otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of 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, on April 16, 2008 (73 FR 13100, 
March 12, 2008).
    (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 October 9, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-25299 Filed 10-23-08; 8:45 am]
BILLING CODE 4910-13-P