[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Rules and Regulations]
[Pages 71532-71534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27169]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0911; Directorate Identifier 2008-NM-115-AD; 
Amendment 39-15739; AD 2008-23-18]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and 
CL-600-2D24 (Regional Jet Series 900) 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:

    There have been several incidents of shorting and sparks due to 
de-icing fluid ingress into the cockpit of CL-600-2C10 and CL-600-
2D24 aircraft. De-icing fluid can enter between the windshields and 
side windows, leading to possible damage to the electrical 
components and wires as it comes into contact with cockpit 
floodlight electrical connections.

De-icing fluid in contact with cockpit floodlight electrical 
connections can result in possible arcing and fire. We are issuing this 
AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective December 30, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 30, 
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: Wing Chan, Aerospace Engineer, Systems 
and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7311; 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 August 26, 2008 (73 
FR 50254). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been several incidents of shorting and sparks due to 
de-icing fluid ingress into the cockpit of CL-600-2C10 and CL-600-
2D24 aircraft. De-icing fluid can enter between the windshields and 
side windows, leading to possible damage to the electrical 
components and wires as it comes into contact with cockpit 
floodlight electrical connections.

De-icing fluid in contact with cockpit floodlight electrical 
connections can result in possible arcing and fire. The actions to 
address the unsafe condition include performing a leak test, applying 
sealant between the windshields and side windows, and doing related 
investigative and corrective actions. The related investigative action 
is performing a leak test after applying sealant. The related 
corrective action is contacting Bombardier for repair instructions and 
doing the repair. 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

[[Page 71533]]

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 254 products of U.S. 
registry. We also estimate that it will take about 4 work-hours 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 $81,280, or $320 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:

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:

2008-23-18 Bombardier, Inc. (Formerly Canadair): Amendment 39-15739. 
Docket No. FAA-2008-0911; Directorate Identifier 2008-NM-115-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
30, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701 & 702) airplanes, serial numbers 10003 through 
10216 inclusive; and Model CL-600-2D15 (Regional Jet Series 705) and 
CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 
15001 through 15040 inclusive; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 56: Windows.

Reason

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

    There have been several incidents of shorting and sparks due to 
de-icing fluid ingress into the cockpit of CL-600-2C10 and CL-600-
2D24 aircraft. De-icing fluid can enter between the windshields and 
side windows, leading to possible damage to the electrical 
components and wires as it comes into contact with cockpit 
floodlight electrical connections.

De-icing fluid in contact with cockpit floodlight electrical 
connections can result in possible arcing and fire. The actions to 
address the unsafe condition include performing a leak test, 
applying sealant between the windshields and side windows, and doing 
related investigative and corrective actions. The related 
investigative action is performing a leak test after applying 
sealant. The related corrective action is contacting Bombardier for 
repair instructions and doing the repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 450 flight hours after the effective date of this AD: 
Perform a leak test in accordance with Part A of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A670BA-56-002, 
Revision A, dated February 26, 2008.
    (2) If leakage is detected in the leak test performed in 
accordance with paragraph (f)(1) of this AD: Prior to further 
flight, apply sealant between the windshields and side windows and 
do all applicable related investigative and corrective actions in 
accordance with Part B of the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A670BA-56-002, Revision A, dated 
February 26, 2008. Do all applicable related investigative and 
corrective actions before further flight.
    (3) If there is no leakage detected in the leak test performed 
in accordance with paragraph (f)(1) of this AD: Within 6 months or 
2,000 flight hours after the effective date of this AD, whichever 
comes first, apply sealant between the windshields and side windows 
and do all applicable related investigative and corrective actions 
before further flight in accordance with Part B of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin 
A670BA-56-002, Revision A, dated February 26, 2008. Do all 
applicable related investigative and corrective actions before 
further flight.
    (4) A leak test and application of sealant are also acceptable 
for compliance with the requirements of paragraphs (f)(1), (f)(2), 
and (f)(3) of this AD if done before the effective date of this AD 
in accordance with Bombardier Alert Service Bulletin A670BA-56-002, 
dated January 7, 2008.

[[Page 71534]]

FAA AD Differences

    Note 1: 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: Wing Chan, Aerospace 
Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7311; 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-2008-19, 
dated May 8, 2008; and Bombardier Alert Service Bulletin A670BA-56-
002, Revision A, dated February 26, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Alert Service Bulletin A670BA-56-
002, Revision A, dated February 26, 2008, 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., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail [email protected]; Internet http://www.bombardier.com.
    (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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 6, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E8-27169 Filed 11-24-08; 8:45 am]
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