Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 32993-32996 [E8-12825]

Download as PDF Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations Unsafe Condition (d) This AD results from a fatigue test that revealed numerous cracks in the upper skin panel at the chemically milled step above the lap joint. We are issuing this AD to detect and correct such fatigue-related cracks, which could result in the crack tips continuing to turn and grow to the point where the skin bay flaps open, causing decompression of the airplane. 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. Service Bulletin (f) The term ‘‘service bulletin,’’ as used in this AD, means Boeing Special Attention Service Bulletin 737–53–1232, dated April 2, 2007. Inspections and Replacement, As Applicable (g) At the applicable compliance times listed in Tables 1, 2, and 3 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin, or within the time specified in paragraph (g)(1) or (g)(2) of this AD, as applicable, whichever occurs later, and thereafter at the applicable repeat intervals listed in Tables 1, 2, and 3: Do the applicable inspections and replacement by accomplishing all the applicable actions specified in the Accomplishment Instructions of the service bulletin. (1) For airplanes specified in Tables 1 and 2 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin: Do the applicable initial inspection required by paragraph (g) of this AD within 36 months after the effective date of this AD. (2) For airplanes specified in Table 3 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin: Do the applicable initial inspection and replacement required by paragraph (g) of this AD within 24 months after the effective date of this AD. yshivers on PROD1PC62 with RULES Corrective Actions (h) If any crack or loose or missing fastener is found during any applicable inspection required by paragraph (g) of this AD, before further flight, do the applicable corrective action in accordance with the service bulletin; except, where the service bulletin specifies to contact Boeing for appropriate action, before further flight, repair the crack using a method approved in accordance with the procedures specified in paragraph (l) of this AD. Terminating Action for Certain Repetitive Inspections (i) For airplanes on which the preventative modification specified in the service bulletin has not been installed: Accomplishing the preventative modification, time-limited repair, or permanent repair in accordance with the service bulletin ends the applicable repetitive external detailed inspections required by paragraph (g) of this AD. Exceptions to the Service Bulletin Procedures for Previously Installed Repairs (j) For any airplane subject to the requirements of paragraph (g) of this AD: VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 Inspections done at the compliance times specified in Table 1 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin are not required in areas that are spanned by an FAA-approved repair that has a minimum of 3 rows of fasteners above and below the chemically milled step. Post-repair supplemental inspections are to be done at the times specified in Table 2 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin. (k) For any airplane that has an external doubler covering the chemically milled step, but the doubler does not span the step by a minimum of 3 rows of fasteners above and below the chemically milled step: Instead of requesting approval for an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (l) of this AD, one method of compliance with the inspection requirement of paragraph (g) of this AD is to inspect all chemically milled steps covered by the repair using nondestructive test (NDT) methods in accordance with the Boeing 737 NDT Manual, Part 6, Subject 53–30–20. These repairs are to be considered time-limited and are subject to the post-repair supplemental inspections and replacement at the times specified in Table 3 of paragraph 1.E., ‘‘Compliance,’’ of the service bulletin. Alternative Methods of Compliance (AMOCs) (l)(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) To request a different method of compliance or a different compliance time for this AD, follow the procedures in 14 CFR 39.19. 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. (3) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Seattle ACO, to make those findings. For a repair method to be approved, the repair must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) Use of Boeing Model 737 NDT Manual, Part 6, Subject 53–30–25, is an AMOC for Boeing Model 737 NDT Manual, Part 6, Subjects 53–30–19 and 53–30–23, as specified in the service bulletin. Material Incorporated by Reference (m) You must use Boeing Special Attention Service Bulletin 737–53–1232, dated April 2, 2007, 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 Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 32993 (3) You may review copies of the service information incorporated by reference 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: https:// www.archives.gov/federal_register/code_of_ federal_regulations/ibr_locations.html. Issued in Renton, Washington, on May 29, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–12761 Filed 6–10–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0363; Directorate Identifier 2008–NM–020–AD; Amendment 39–15553; AD 2008–12–10] RIN 2120–AA64 Airworthiness Directives; Bombardier Model CL–600–2B19 (Regional Jet Series 100 & 440) Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: 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: * * * * * This assessment showed that the electrical harness of the Fuel Quantity Gauging System (FQGS) is installed in the same routing as the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. A chafing condition between these electrical harnesses and the FQGS harness could increase the surface temperatures of fuel quantity probes and high level sensors inside the fuel tank, resulting in potential ignition source[s] and consequent fuel tank explosion. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective July 16, 2008. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 16, 2008. E:\FR\FM\11JNR1.SGM 11JNR1 32994 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations You may examine the AD docket on the Internet at https:// 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: 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: ADDRESSES: 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 March 27, 2008 (73 FR 16221). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: yshivers on PROD1PC62 with RULES Bombardier Aerospace has completed a system safety review of the CL–600–2B19 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 the electrical harness of the Fuel Quantity Gauging System (FQGS) is installed in the same routing as the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. A chafing condition between these electrical harnesses and the FQGS harness could increase the surface temperatures of fuel quantity probes and high level sensors inside the fuel tank, resulting in potential ignition source[s] and consequent fuel tank explosion. To correct the unsafe condition, this directive mandates the modification of FQGS electrical harness routing. 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 VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 new maintenance requirements, this rule included Special Federal Aviation Regulation Number 88 (‘‘SFAR 88,’’ 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. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 709 products of U.S. registry. We also estimate that it will take about 83 workhours 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 $15,552 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 $15,734,128, or $22,192 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. E:\FR\FM\11JNR1.SGM 11JNR1 32995 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 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 https:// 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 Accordingly, under the authority delegated to me by the Administrator, I the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: I 2008–12–10 Bombardier, Inc. (Formerly Canadair): Amendment 39–15553. Docket No. FAA–2008–0363; Directorate Identifier 2008–NM–020–AD. Effective Date (a) This airworthiness directive (AD) becomes effective July 16, 2008. Affected ADs (b) None. 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 the electrical harness of the Fuel Quantity Gauging System (FQGS) is installed in the same routing as the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. A chafing condition between these electrical harnesses and the FQGS harness could increase the surface temperatures of fuel quantity probes and high level sensors inside the fuel tank, resulting in potential ignition source[s] and consequent fuel tank explosion. To correct the unsafe condition, this directive mandates the modification of FQGS electrical harness routing. Actions and Compliance Applicability (c) This AD applies to Bombardier Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes; certificated in any category; serial numbers 7003 through 7067 inclusive, and 7069 through 7982 inclusive. 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–600–2B19 aircraft fuel system against new fuel tank (f) Within 10,000 flight hours after the effective date of this AD, unless already done, do the following actions. (1) Modify the FQGS harness routing according to the Accomplishment Instructions of Bombardier Service Bulletin 601R–28–059, Revision E, dated October 29, 2007. (2) Actions done before the effective date of this AD in accordance with the Bombardier service information specified in Table 1 of this AD are acceptable for compliance with the corresponding requirements of this AD. TABLE 1.—SERVICE INFORMATION Service Bulletin 601R–28–059 601R–28–059 601R–28–059 601R–28–059 601R–28–059 ........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... ........................................................................................................................................... FAA AD Differences Note: This AD differs from the MCAI and/ or service information as follows: No differences. yshivers on PROD1PC62 with RULES 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 (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: Richard Fiesel, Aerospace Engineer, Airframe and Propulsion Branch, ANE–171, FAA, New York ACO, 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 VerDate Aug<31>2005 Revision 15:03 Jun 10, 2008 Jkt 214001 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 FAAapproved 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. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 Original ............. A ....................... B ....................... C ....................... D ....................... Date October 19, 2004. July 28, 2005. November 17, 2005. March 8, 2007. May 10, 2007. Related Information (h) Refer to MCAI Canadian Airworthiness Directive CF–2007–36, dated December 21, 2007, and Bombardier Service Bulletin 601R– 28–059, Revision E, dated October 29, 2007, for related information. Material Incorporated by Reference (i) You must use Bombardier Service Bulletin 601R–28–059, Revision E, dated October 29, 2007, 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., Canadair, Aerospace Group, P.O. Box 6087, Station E:\FR\FM\11JNR1.SGM 11JNR1 32996 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Rules and Regulations 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: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. [Docket No. FAA–2007–0393; Directorate Identifier 2007–NM–183–AD; Amendment 39–15548; AD 2008–12–05] Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility 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 address for the Docket Office (telephone 800–647–5527) is the Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Robert Hettman, Aerospace Engineer, Cabin Safety and Environmental Systems Branch, ANM–150S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6457; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: RIN 2120–AA64 Discussion Issued in Renton, Washington, on May 29, 2008. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E8–12825 Filed 6–10–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Airworthiness Directives; Boeing Model 777 Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. yshivers on PROD1PC62 with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for certain Boeing Model 777 airplanes. This AD requires an inspection to determine the manufacturer and manufacture date of the oxygen masks in the center and outboard passenger service units, crew rests, and lavatory and flight attendant oxygen boxes, as applicable. This AD also requires related investigative/ corrective actions if necessary. This AD results from a report that several passenger masks with broken in-line flow indicators were found following a mask deployment. We are issuing this AD to prevent the in-line flow indicators of the passenger oxygen masks from fracturing and separating, which could inhibit oxygen flow to the masks and consequently result in exposure of the passengers and cabin attendants to hypoxia following a depressurization event. DATES: This AD is effective July 16, 2008. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 16, 2008. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, P.O. Box 3707, Seattle, Washington 98124–2207. VerDate Aug<31>2005 15:03 Jun 10, 2008 Jkt 214001 We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to certain Boeing Model 777 airplanes. That NPRM was published in the Federal Register on January 10, 2008 (73 FR 1844). That NPRM proposed to require an inspection to determine the manufacturer and manufacture date of the oxygen masks in the center and outboard passenger service units (PSUs), crew rests, and lavatory and flight attendant oxygen boxes, as applicable. The NPRM also proposed to require related investigative/corrective actions if necessary. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received from the two commenters. Request To Revise the Relevant Service Information Section Boeing requests that we revise the Relevant Service Information section of the NPRM to include a general visual inspection of the flow indicator to determine whether the letter ‘‘W’’ appears on the right side of the identification (ID) label. Boeing states that this inspection should be included in the NPRM, since the presence of the letter ‘‘W’’ on the ID label indicates that the corrective actions have already been accomplished. We agree to clarify the related investigative and corrective actions PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 required by this AD. If the ID label on the oxygen mask shows that the mask was manufactured by B/E Aerospace between January 1, 2002 and March 1, 2006, then the related investigative action must be done. The related investigative action includes doing a general visual inspection of the flow indicator to determine the color of the flow direction mark and the word ‘‘flow’’ on the flow indicator, and to determine whether the letter ‘‘W’’ appears on the right side of the ID label. If the flow direction mark and the word ‘‘flow’’ on the flow indicator of the oxygen mask are not green and the letter ‘‘W’’ is not shown on the right side of the ID label, then the corrective action must be done. The corrective action includes replacing the oxygen mask with one that was not manufactured by B/E Aerospace between January 1, 2002, and March 1, 2006, or with a modified oxygen mask having an improved flow indicator. We have revised paragraph (f) of this AD accordingly. (Boeing Special Attention Service Bulletin 777–35– 0019, dated March 9, 2006, refers to B/E Aerospace Service Bulletin 174080– 35–01, dated February 6, 2006; and Revision 1, dated May 1, 2006; as additional sources of service information for modifying the oxygen mask assembly by replacing the flow indicator with an improved flow indicator.) The intent of this AD is to accomplish all of the applicable actions specified in the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777–35–0019. Since the Relevant Service Information section is not retained in an AD, we have not changed this AD in this regard. Request To Revise the Discussion Section Boeing requests that we add a statement to the Discussion section of the NPRM clarifying that only masks manufactured by B/E Aerospace between January 1, 2002 and March 1, 2006 would require corrective action. Boeing states that no further action is required for oxygen masks manufactured outside those dates or manufactured by other suppliers. Boeing also states that not including all of the contents of Boeing Special Attention Service Bulletin 777–35–0019 in this AD, and not clarifying the intent of the AD, will generate many requests for clarification from operators. We have clarified the requirements of this AD in our response to the previous comment. No additional change to this AD is necessary in this regard, since the Discussion section of the NPRM is not retained in this final rule. E:\FR\FM\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Rules and Regulations]
[Pages 32993-32996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12825]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0363; Directorate Identifier 2008-NM-020-AD; 
Amendment 39-15553; AD 2008-12-10]
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.

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

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:
* * * * *
    This assessment showed that the electrical harness of the Fuel 
Quantity Gauging System (FQGS) is installed in the same routing as 
the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. 
A chafing condition between these electrical harnesses and the FQGS 
harness could increase the surface temperatures of fuel quantity 
probes and high level sensors inside the fuel tank, resulting in 
potential ignition source[s] and consequent fuel tank explosion.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 16, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 16, 
2008.

[[Page 32994]]


ADDRESSES: You may examine the AD docket on the Internet at https://
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: 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 March 27, 2008 (73 
FR 16221). 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-600-2B19 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 the electrical harness of the Fuel 
Quantity Gauging System (FQGS) is installed in the same routing as 
the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. 
A chafing condition between these electrical harnesses and the FQGS 
harness could increase the surface temperatures of fuel quantity 
probes and high level sensors inside the fuel tank, resulting in 
potential ignition source[s] and consequent fuel tank explosion.
    To correct the unsafe condition, this directive mandates the 
modification of FQGS electrical harness routing.

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 Number 88 (``SFAR 88,'' 
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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 709 products of U.S. registry. 
We also estimate that it will take about 83 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 $15,552 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 $15,734,128, or $22,192 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.

[[Page 32995]]

    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 https://
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 adding the following new AD:

2008-12-10 Bombardier, Inc. (Formerly Canadair): Amendment 39-15553. 
Docket No. FAA-2008-0363; Directorate Identifier 2008-NM-020-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 16, 
2008.

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; 
serial numbers 7003 through 7067 inclusive, and 7069 through 7982 
inclusive.

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-600-2B19 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 the electrical harness of the Fuel 
Quantity Gauging System (FQGS) is installed in the same routing as 
the 28 Volts AC, 28 Volts DC, and 115 Volts AC electrical harnesses. 
A chafing condition between these electrical harnesses and the FQGS 
harness could increase the surface temperatures of fuel quantity 
probes and high level sensors inside the fuel tank, resulting in 
potential ignition source[s] and consequent fuel tank explosion.
    To correct the unsafe condition, this directive mandates the 
modification of FQGS electrical harness routing.

Actions and Compliance

    (f) Within 10,000 flight hours after the effective date of this 
AD, unless already done, do the following actions.
    (1) Modify the FQGS harness routing according to the 
Accomplishment Instructions of Bombardier Service Bulletin 601R-28-
059, Revision E, dated October 29, 2007.
    (2) Actions done before the effective date of this AD in 
accordance with the Bombardier service information specified in 
Table 1 of this AD are acceptable for compliance with the 
corresponding requirements of this AD.

                                          Table 1.--Service Information
----------------------------------------------------------------------------------------------------------------
            Service Bulletin                          Revision                              Date
----------------------------------------------------------------------------------------------------------------
601R-28-059.............................  Original.......................  October 19, 2004.
601R-28-059.............................  A..............................  July 28, 2005.
601R-28-059.............................  B..............................  November 17, 2005.
601R-28-059.............................  C..............................  March 8, 2007.
601R-28-059.............................  D..............................  May 10, 2007.
----------------------------------------------------------------------------------------------------------------

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 (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: Richard Fiesel, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
ACO, 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-2007-36, 
dated December 21, 2007, and Bombardier Service Bulletin 601R-28-
059, Revision E, dated October 29, 2007, for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 601R-28-059, 
Revision E, dated October 29, 2007, 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., Canadair, Aerospace Group, P.O. Box 6087, Station

[[Page 32996]]

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: https://www.archives.gov/federal-register/cfr/ibr-
locations.html.

    Issued in Renton, Washington, on May 29, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-12825 Filed 6-10-08; 8:45 am]
BILLING CODE 4910-13-P
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