AD 2009-01-07

[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Rules and Regulations]
[Pages 4115-4117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-23]



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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Rules 
and Regulations

[[Page 4115]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0540; Directorate Identifier 2008-NM-031-AD; 
Amendment 39-15786; AD 2009-01-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 
Jet Series 700, 701, & 702) and Model CL-600-2D24 (Regional Jet Series 
900) Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

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-600-2C10/CL-600-2D24 aircraft fuel system against 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.
    This assessment showed that rupture of the fuel tank climb vent 
loop pipe or leakage from pipe couplings could result in fuel coming 
in contact with hot anti-ice ducts, creating potential fire on top 
of the centre fuel tank.

* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 27, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 27, 
2009.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: Richard Fiesel, 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) 228-7304; 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 May 13, 2008 (73 FR 
27475). 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-600-2C10/CL-600-2D24 aircraft fuel system against 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.
    This assessment showed that rupture of the fuel tank climb vent 
loop pipe or leakage from pipe couplings could result in fuel coming 
in contact with hot anti-ice ducts, creating potential fire on top 
of the centre fuel tank.
    To correct the unsafe condition, this directive mandates the 
modification of the fuel tank climb vent loop by installing 
shrouding boots that direct leaked fuel safely overboard.

    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 comment received.

Request To Revise Service Bulletin Reference

    Comair requests that we refer to Revision C of Bombardier Service 
Bulletin 670BA-28-011, dated June 5, 2008, which Bombardier released 
since the NPRM was issued. (The NPRM referred to Revision B of 
Bombardier Service Bulletin 670BA-28-011, dated July 4, 2007.)
    We agree to incorporate Bombardier Service Bulletin 670BA-28-011, 
Revision C, and give credit for prior actions accomplished according to 
Bombardier Service Bulletin 670BA-28-011, Revision B. Bombardier 
Service Bulletin 670BA-28-011, Revision C, revises a figure and its 
related instruction and includes editorial changes; there are no 
substantive changes to the remaining procedures. We have revised 
paragraphs (f)(1), (f)(2), and (h) of the AD accordingly.

Conclusion

    We reviewed the available data, including the comment 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 297 products of U.S. 
registry. We also estimate that it will take about 22 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $13,768

[[Page 4116]]

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 $4,611,816, or $15,528 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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:

2009-01-07 Bombardier, Inc. (Formerly Canadair): Amendment 39-15786. 
Docket No. FAA-2008-0540; Directorate Identifier 2008-NM-031-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model CL-600-2C10 (Regional Jet Series 
700, 701, & 702) airplanes, serial numbers 10003 through 10169; and 
Model CL-600-2D24 (Regional Jet Series 900) airplanes, serial 
numbers 15001 though 15025; certificated in any category.

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-600-2C10/CL-600-2D24 aircraft fuel system against 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.
    ``This assessment showed that rupture of the fuel tank climb 
vent loop pipe or leakage from pipe couplings could result in fuel 
coming in contact with hot anti-ice ducts, creating potential fire 
on top of the centre fuel tank.
    To correct the unsafe condition, this directive mandates the 
modification of the fuel tank climb vent loop by installing 
shrouding boots that direct leaked fuel safely overboard.''

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 4,500 flight hours after the effective date of this 
AD, modify the fuel tank climb vent loop pipes by installing 
shrouding boots according to the Accomplishment Instructions of 
Bombardier Service Bulletin 670BA-28-011, Revision C, dated June 5, 
2008.
    (2) Modification of the climb vent pipe prior to the effective 
date of this AD according to Bombardier Service Bulletin 670BA-28-
011, dated November 7, 2005; Revision A, dated January 22, 2007; or 
Revision B, dated July 4, 2007; is acceptable for compliance with 
the corresponding requirements of this AD.

FAA AD Differences

    Note: 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: Richard Fiesel, 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) 228-7304; 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-2008-01, 
dated January 3, 2008; and Bombardier Service Bulletin 670BA-28-011, 
Revision C, dated June 5, 2008; for related information.

[[Page 4117]]

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 670BA-28-011, 
Revision C, dated June 5, 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 <a href="/cdn-cgi/l/email-protection#c7b3afa3e9a4b5ad87a6a2b5a8e9a5a8aaa5a6b5a3aea2b5e9a4a8aa"><span class="__cf_email__" data-cfemail="dca8b4b8f2bfaeb69cbdb9aeb3f2beb3b1bebdaeb8b5b9aef2bfb3b1">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (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: <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a> .

    Issued in Renton, Washington, on December 18, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft 
Certification Service.
 [FR Doc. E9-23 Filed 1-22-09; 8:45 am]
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