[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78948-78951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30261]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0977; Directorate Identifier 2008-NM-124-AD; 
Amendment 39-15775; AD 2008-26-09]
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 against the new fuel tank safety 
standards * * *.
    The assessment showed that insufficient electrical bonding 
between the refuel/defuel shutoff valves and the aircraft structure 
could occur due to the presence of a non-conductive gasket (Gask-O-
Seal). In addition, it was also determined that the presence of an 
anodic coating on the shutoff valve electrical conduit connection 
fitting could affect electrical bonding. The above conditions, 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 January 28, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 28, 
2009.

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

[[Page 78949]]

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 September 17, 2008 
(73 FR 53773). 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 the 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 insufficient electrical bonding 
between the refuel/defuel shutoff valves and the aircraft structure 
could occur due to the presence of a non-conductive gasket (Gask-O-
Seal). In addition, it was also determined that the presence of an 
anodic coating on the shutoff valve electrical conduit connection 
fitting could affect electrical bonding. The above conditions, 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 
modification of the [shutoff valves in the] refuel/defuel system.

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 Refer to New Service Bulletin Revision

    Air Wisconsin Airlines Corporation (Air Wisconsin) requests that we 
revise paragraph (f)(1) of the NPRM to refer to Bombardier Service 
Bulletin 601R-28-053, Revision D, dated August 20, 2008.
    We agree to change paragraph (f)(1) of this AD to refer to 
Bombardier Service Bulletin 601R-28-053, Revision D. We referred to 
Bombardier Service Bulletin 601R-28-053, Revision C, dated March 14, 
2006, as the appropriate source of service information for 
accomplishing the actions in the NPRM. We have reviewed Bombardier 
Service Bulletin 601R-28-053, Revision D, and find that it is 
essentially the same as the prior revisions referenced in the NPRM; it 
differs from Bombardier Service Bulletin 601R-28-053, Revision C, by 
correcting a statement in the Description paragraph, removing a part 
number and the Interchangeability Code from the Disposition of Parts 
table, and having small editorial changes that do not affect its 
technical content. We have changed paragraph (f)(1) of this AD 
accordingly, and added credit for actions done according to Bombardier 
Service Bulletin 601R-28-053, Revision C, to paragraph (f)(2) of this 
AD.

Request To Supersede an Existing AD

    AWAC requests that we supersede AD 2006-02-10 with this AD, as it 
addresses airplanes modified by Bombardier Service Bulletin 601R-28-
053, dated July 12, 2004.
    We disagree with this request, as this AD applies to different 
airplanes than AD 2006-02-10, amendment 39-14462 (71 FR 4040, January 
25, 2006). That AD applies to certain airplanes modified by Bombardier 
Service Bulletin 601R-28-053, dated July 12, 2004, and other airplanes 
having serial numbers 7940 through 7988. This AD does not apply to 
those airplanes. We have not changed the AD in this regard.

Request for Method of Compliance for Other Airplanes

    AWAC requests that airplanes modified according to AD 2006-02-10 be 
approved as complying with the proposed AD.
    We disagree with this request. As mentioned in the prior response, 
AD 2006-02-10 applies to different airplanes from those specified in 
this AD, and are affected by different service information. Further, 
those airplanes are not subject to the requirements of this AD. We have 
not changed the AD in this regard.

Request To Give Credit for Certain Service Bulletin Revisions

    AWAC requests that we give credit for actions done according to 
Bombardier Service Bulletin 601R-28-053, dated July 12, 2004; Revision 
A, dated April 21, 2005; Revision B, dated September 15, 2005; and 
Revision C, dated March 14, 2006. AWAC requests that we also give 
credit for Bombardier Service Bulletin A601R-28-064, dated April 21, 
2005; Revision A, dated September 15, 2005; Revision B, dated March 14, 
2006; and Revision C, dated April 19, 2006.
    We partially agree with this request. Credit for actions done 
according to Bombardier Service Bulletin 601R-28-053, Revisions A and 
B, appears in paragraph (f)(2) of the AD; and, as mentioned above, we 
are adding credit for Bombardier Service Bulletin 601R-28-053, Revision 
C, to that paragraph. Airplanes on which Bombardier Service Bulletin 
601R-28-053, dated July 12, 2004, has been done are not subject to this 
AD, so we have not given credit in the AD for Bombardier Service 
Bulletin 601R-28-053, dated July 12, 2004. Bombardier Service Bulletin 
A601R-28-064 is not a method of compliance for this AD, so no credit is 
given for it in this AD.

Request To Discuss Warranty Considerations in the Costs of Compliance

    AWAC states that there is no discussion of warranty consideration 
in the service bulletin; we infer that AWAC requests warranty 
information in the Costs of Compliance section of the AD.
    We disagree with this request. Warranty information is provided by 
the manufacturer, and we have not changed the AD in this regard.

Change to Costs of Compliance

    Based on new information, we have reduced the estimated number of 
products in the Costs of Compliance section of the NPRM from 970 to 
677. The estimated cost per product stays the same, while the estimated 
cost of this AD to U.S. operators is reduced to $2,112,917.

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 about 677 products of U.S. 
registry. We also estimate that it will take about 26 work-hours per 
product to comply with the basic requirements of this AD. The

[[Page 78950]]

average labor rate is $80 per work-hour. Required parts will cost about 
$1,041 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 $2,112,917, or $3,121 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:

2008-26-09 Bombardier, Inc. (Formerly Canadair): Amendment 39-15775. 
Docket No. FAA-2008-0977; Directorate Identifier 2008-NM-124-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
28, 2009.

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 and 7069 
through 7939 that have not had the modification of the refuel/defuel 
shutoff valves incorporated according to the original issue of 
Bombardier Service Bulletin 601R-28-053, dated July 12, 2004; and,
    (2) Airplanes having serial numbers 7989, 7990, and 8000 through 
8034.

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 the 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 insufficient electrical bonding 
between the refuel/defuel shutoff valves and the aircraft structure 
could occur due to the presence of a non-conductive gasket (Gask-O-
Seal). In addition, it was also determined that the presence of an 
anodic coating on the shutoff valve electrical conduit connection 
fitting could affect electrical bonding. The above conditions, 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 
modification of the [shutoff valves in the] refuel/defuel system.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 5,000 flight hours after the effective date of this 
AD, modify the refuel/defuel system in the center wing fuel tank in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-28-053, Revision D, dated August 20, 2008.
    (2) Modifying the refuel/defuel system is also acceptable for 
compliance with the requirements of paragraph (f)(1) of this AD if 
done before the effective date of this AD in accordance with one of 
the following service bulletins: Bombardier Service Bulletin 601R-
28-053, Revision A, dated April 21, 2005; Revision B, dated 
September 15, 2005; or Revision C, dated March 14, 2006.

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 (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 
ACO, 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

[[Page 78951]]

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-2008-20, 
dated June 12, 2008; and Bombardier Service Bulletin 601R-28-053, 
Revision D, dated August 20, 2008; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-28-053, 
Revision D, dated August 20, 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 of the service information that is 
incorporated by reference at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For 
information on the availability of this material at the FAA, call 
425-227-1221 or 425-227-1152.
    (4) You may also review copies of the service information 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 December 14, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-30261 Filed 12-23-08; 8:45 am]
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