[Federal Register: October 24, 2008 (Volume 73, Number 207)]
[Rules and Regulations]
[Page 63349-63352]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc08-4]
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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.
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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]
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