[Federal Register: March 6, 2008 (Volume 73, Number 45)]
[Proposed Rules]
[Page 12032-12034]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr08-10]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 12032]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0262; Directorate Identifier 2008-NM-021-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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 * * *.
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 7, 2008.
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.
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 proposed 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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0262;
Directorate Identifier 2008-NM-021-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2007-35, dated December 21, 2007 (referred to after this as ``the
MCAI''), 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 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. You may obtain further information by examining
the MCAI in the AD docket.
The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
[[Page 12033]]
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
Relevant Service Information
Bombardier has issued 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.
The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
This proposed AD would allow revising the ALS of the Instructions
for Continued Airworthiness in accordance with later revisions of the
maintenance requirements manual (MRM) as an acceptable method of
compliance if the CDCCL is part of a later approved MRM revision, or if
the CDCCL is approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (g)(1) of this
proposed AD.
In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for coordinated implementation of these regulations and this proposed
AD, we are using this same compliance date in this proposed 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 proposed 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 proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 700 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $56,000, 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 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.
For the reasons discussed above, I certify this 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.
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 FAA amends Sec. 39.13 by adding the following new AD:
[[Page 12034]]
Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-0262;
Directorate Identifier 2008-NM-021-AD.
Comments Due Date
(a) We must receive comments by April 7, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Bombardier 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.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 60 days after the effective date of this AD, or
before December 16, 2008, whichever occurs first, revise the ALS of
the Instructions for Continued Airworthiness to include the CDCCLs
specified in Bombardier 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 applicable TR into the applicable
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 applicable 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
part of a later revision of Appendix D, ``Fuel System Limitations,''
of Part 2, ``Airworthiness Requirements,'' of Bombardier CL-600-2B19
Maintenance Requirements Manual CSP A-053, Revision 7, dated May 10,
2007, that is approved by the Manager, New York Aircraft
Certification Office (ACO), FAA, or Transport Canada Civil Aviation
(TCCA) (or its delegated agent); or 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.
FAA AD Differences
Note 2: 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: 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. 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-2007-35,
dated December 21, 2007, and Bombardier Temporary Revision 2D-2,
dated March 31, 2006, for related information.
Issued in Renton, Washington, on February 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-4322 Filed 3-5-08; 8:45 am]
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