[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68132-68135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30417]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1196; Directorate Identifier 2009-NM-170-AD; 
Amendment 39-16146; AD 2008-09-12 R1]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19 
(Regional Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that would revise an existing AD. 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 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 it is necessary to introduce Critical 
Design Configuration Control Limitations (CDCCL), in order to 
preserve critical fuel tank system ignition source prevention 
features during configuration changes such as modifications and 
repairs, or during maintenance actions. Failure to preserve critical 
fuel tank system ignition source prevention features could result in 
a fuel tank explosion. * * *

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective January 7, 2010.

[[Page 68133]]

    On June 6, 2008 (73 FR 24147, May 2, 2008), the Director of the 
Federal Register approved the incorporation by reference of a certain 
publication listed in the AD.
    We must receive comments on this AD by February 8, 2010.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    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.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: James Delisio, 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) 228-7321; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    On April 18, 2008, we issued AD 2008-09-12, Amendment 39-15493 (73 
FR 24147, May 2, 2008). That AD applied to all Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes. That AD required revising 
the Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to include the critical design configuration 
control limitations (CDCCL) data.
    CDCCLs are limitation requirements to preserve a critical ignition 
source prevention feature of the fuel tank system design that is 
necessary to prevent the occurrence of an unsafe condition. The purpose 
of a CDCCL is to provide instruction to retain the critical ignition 
source prevention feature during configuration change that may be 
caused by alterations, repairs, or maintenance actions. A CDCCL is not 
a periodic inspection.
    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

Some operators have questioned whether existing components affected by 
the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. This new 
AD retains the requirements of the existing AD, and adds a new note to 
clarify the intended effect of the AD on spare and on-airplane fuel 
tank system components. We have renumbered subsequent notes 
accordingly.

Explanation of Changes Made to This AD

    We have revised this AD to identify the correct legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Explanation of Additional Change to AD

    AD 2008-09-12 allowed the use of alternative CDCCLs that are a part 
of ``a later revision'' of Appendix D, ``Fuel System Limitations,'' of 
Part 2, ``Airworthiness Requirements,'' Revision 7, dated May 10, 2007, 
of the Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-
053. That provision has been removed from this AD. Allowing the use of 
``a later revision'' of specific service documents violates Office of 
the Federal Register regulations for approving materials that are 
incorporated by reference. Affected operators, however, may request 
approval to use a later revision of the referenced service documents as 
an alternative method of compliance, under the provisions of paragraph 
(g) of this AD.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a Note within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    We estimate that this AD will affect about 700 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 $56,000, or $80 per 
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for

[[Page 68134]]

making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-1196; Directorate 
Identifier 2009-NM-170-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

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 39-15493 (73 FR 
24147, May 2, 2008) and adding the following new AD:

2008-09-12 R1 Bombardier, Inc. (Type Certificate previously held by 
Canadair): Amendment 39-16146. Docket No. FAA-2009-1196; Directorate 
Identifier 2009-NM-170-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
7, 2010.

Affected ADs

    (b) This AD revises AD 2008-09-12, Amendment 39-15493.

Applicability

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

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 safety 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 it is necessary to introduce Critical 
Design Configuration Control Limitations (CDCCL), in order to 
preserve critical fuel tank system ignition source prevention 
features during configuration changes such as modifications and 
repairs, or during maintenance actions. Failure to preserve critical 
fuel tank system ignition source prevention features 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 CDCCL.

    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
include the CDCCL data.

Restatement of Requirements of AD 2008-09-12, With Revised Compliance 
Method Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after June 6, 2008 (the effective date AD 
2008-09-12), revise the ALS of the Instructions for Continued 
Airworthiness to include the CDCCLs specified in Canadair Temporary 
Revision (TR) 2D-2, dated March 31, 2006, to Appendix D, ``Fuel 
System Limitations,'' of Part 2, ``Airworthiness Requirements,'' of 
the Bombardier CL-600-2B19 Maintenance Requirements Manual CSP A-
053.

    Note 1:  The revision required by paragraph (f)(1) of this AD 
may be done by inserting a copy of the TR into the maintenance 
requirements manual. When the TR has been included in the general 
revision of the maintenance program, the general revision may be 
inserted into the maintenance requirements manual, provided the 
relevant information in the general revision is identical to that in 
the TR, and the temporary revision may be removed.

    (2) After accomplishing the action specified in paragraph (f)(1) 
of this AD, no alternative CDCCLs may be used unless the CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (g)(1) of this AD.

New Information: Explanation of CDCCL Requirements

    Note 2:  Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraph (f) of this AD, do not need to be reworked 
in accordance with the CDCCLs. However, once the ALS has been 
revised, future maintenance actions on these components must be done 
in accordance with the CDCCLs.

FAA AD Differences

    Note 3:  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:

[[Page 68135]]

    (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: Program Manager, 
Continuing Operational Safety, 1600 Stewart Avenue, Suite 41, 
Westbury, New York 11590; telephone 516-228-7300; fax 516-794-5531. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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 ensure 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 (44 
U.S.C. 3501 et seq.), 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-2007-35, 
dated December 21, 2007, Canadair Temporary Revision (TR) 2D-2, 
dated March 31, 2006, and TR 2D-2, dated May 10, 2007, for related 
information.

Material Incorporated by Reference

    (i) You must use Canadair Temporary Revision 2D-2, dated March 
31, 2006, to Appendix D, ``Fuel System Limitations,'' of Part 2, 
``Airworthiness Requirements,'' of the Bombardier CL-600-2B19 
Maintenance Requirements Manual CSP A-053, 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 Canadair Temporary Revision 2D-2, 
dated March 31, 2006, to Appendix D, ``Fuel System Limitations,'' of 
Part 2, ``Airworthiness Requirements,'' of the Bombardier CL-600-
2B19 Maintenance Requirements Manual CSP A-053 on June 6, 2008 (73 
FR 24147, May 2, 2008).
    (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 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 that 
is incorporated by reference 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 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-30417 Filed 12-22-09; 8:45 am]
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