[Federal Register: October 27, 2005 (Volume 70, Number 207)]
[Proposed Rules]
[Page 61920-61922]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc05-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22793; Directorate Identifier 2005-NM-161-AD]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 &
440) airplanes. This proposed AD would require replacing the Gask-O-
Seal in the coupling of the refuel/defuel shut-off valves. This
proposed AD results from a report that Gask-O-Seals that did not
incorporate an integral restrictor to limit fuel flow rate and fuel
pressure during refueling were installed on certain airplanes. We are
proposing this AD to prevent a buildup of excessive static charge,
which could create an ignition source inside the fuel tank.

DATES: We must receive comments on this proposed AD by November 28,
2005.

ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
     DOT Docket Web site: Go to http:// dms.dot.gov and follow

the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov
 and follow the instructions for sending your

comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401,
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

[[Page 61921]]

    Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087,
Station Centreville, Montreal, Quebec H3C 3G9, Canada, for service
information identified in this proposed AD.

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:

Comments Invited

    We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
22793; Directorate Identifier 2005-NM-161-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments received by the closing date and may amend the
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will

also post a report summarizing each substantive verbal contact with FAA
personnel concerning this proposed AD. Using the search function of
that Web site, anyone can find and read the comments in any of our
dockets, including the name of the individual who sent the comment (or
signed the comment on behalf of an association, business, labor union,
etc.). You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://dms.dot.gov.


Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness
authority for Canada, notified us that an unsafe condition may exist on
certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440)
airplanes. TCCA advises that incorrectly identified Gask-O-Seals have
been installed on certain production airplanes and have been delivered
as part of a modification kit for Bombardier Service Bulletin 601R-28-
053, dated July 12, 2004. The incorrectly identified Gask-O-Seal did
not incorporate an integral restrictor to limit fuel flow rate and fuel
pressure during refueling. This condition, if not corrected, could
result in a buildup of excessive static charge, which could create an
ignition source inside the fuel tank.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-28-064, dated
April 21, 2005. The alert service bulletin describes procedures for
replacing the Gask-O-Seal, part number (P/N) 202297, in the coupling of
the refuel/defuel shut-off valves with a new Gask-O-Seal, P/N
601R62085-1. Accomplishing the actions specified in the service
information is intended to adequately address the unsafe condition.
TCCA mandated the service information and issued Canadian airworthiness
directive CF-2005-18, dated June 9, 2005, to ensure the continued
airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Canada and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, TCCA has kept the FAA informed of
the situation described above. We have examined TCCA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
    Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of
                                                   Average                   Cost per      U.S.-
              Action                 Work hours   labor rate     Parts       airplane    registered   Fleet cost
                                                   per hour                              airplanes
----------------------------------------------------------------------------------------------------------------
Replacement.......................            1          $65           $0          $65          720      $46,800
----------------------------------------------------------------------------------------------------------------

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 have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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.

[[Page 61922]]

    For the reasons discussed above, I certify that the proposed
regulation:
    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 proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2005-22793;
Directorate Identifier 2005-NM-161-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by November
28, 2005.

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 inclusive
and 7069 through 7939 inclusive on which Bombardier Service Bulletin
601R-28-053, dated July 12, 2004, has been accomplished.
    (2) Airplanes having serial numbers 7940 through 7988 inclusive.

Unsafe Condition

    (d) This AD results from a report that Gask-O-Seals that did not
incorporate an integral restrictor to limit fuel flow rate and fuel
pressure during refueling were installed on certain airplanes. We
are issuing this AD to prevent a buildup of excessive static charge,
which could create an ignition source inside the fuel tank.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Replacement

    (f) Within 550 flight hours after the effective date of this AD,
replace the Gask-O-Seal in the coupling of the refuel/defuel shut-
off valves by doing all the actions specified in the Accomplishment
Instructions of Bombardier Alert Service Bulletin A601R-28-064,
dated April 21, 2005.

Parts Installation

    (g) As of the effective date of this AD, no person may install a
Gask-O-Seal, part number 202297, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, New York Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.

Related Information

    (i) Canadian airworthiness directive CF-2005-18, dated June 9,
2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on October 18, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-21435 Filed 10-26-05; 8:45 am]

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