Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 53773-53775 [E8-21730]
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules
specified in paragraph (h) or (i) of this AD,
as applicable.
(i) For Model A330 series airplanes: Within
16,500 flight cycles after replacing the
bracket.
(ii) For Model A340–200 and –300 series
airplanes: Within 9,700 flight cycles after
replacing the bracket.
(j) If both flanges of a bracket are found
broken during any inspection required by
this AD: Before further flight, replace the
bracket as specified in paragraph (i) of this
AD and perform any applicable related
investigative and corrective actions (which
may include inspections for damage to
surrounding structure caused by the broken
bracket, and corrective actions for any
damage that is found), in accordance with a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the European
Aviation Safety Agency (EASA) (or its
delegated agent).
Replacement of Brackets/Investigative and
Corrective Actions
(k) Except as required by paragraph (i)(1)
of this AD: Within 72 months after February
8, 2007 (the effective date of AD 2006–26–
12), replace existing brackets having P/N
F2511012920000 or P/N F2511012920095
with titanium-reinforced brackets having P/N
F2511305220096; and perform any related
investigative and corrective actions (which
may include detailed inspections for cracking
of the bracket or damage to surrounding
structure caused by a broken bracket, and
applicable corrective actions for any damage
that is found); in accordance with the
applicable service bulletin. If any crack is
found, before further flight, repair in
accordance with the applicable service
bulletin. Replacement of the affected bracket
with a titanium-reinforced bracket having P/
N F2511305220096 ends the repetitive
inspections required by paragraph (h) or (i)
of this AD. Although the service bulletins
specify to submit certain information to the
manufacturer, this AD does not include that
requirement.
total flight cycles, or within 20 months after
the effective date of this AD, whichever
occurs first.
Alternative Methods of Compliance
(AMOCs)
(m)(1) The Manager, International Branch,
ANM–116, 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: Vladimir Ulyanov,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1138; fax (425) 227–1149. 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) AMOCs approved previously in
accordance with AD 2006–26–12 are
approved as AMOCs for the corresponding
provisions of this AD.
Related Information
(n) EASA airworthiness directives 2007–
0281 and 2007–0282, both dated November
6, 2007, also address the subject of this AD.
Issued in Renton, Washington, on
September 9, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–21727 Filed 9–16–08; 8:45 am]
BILLING CODE 4910–13–P
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 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:
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:
14 CFR Part 39
[Docket No. FAA–2008–0977; Directorate
Identifier 2008–NM–124–AD]
pwalker on PROD1PC71 with PROPOSALS
One-Time Inspection
(l) For airplanes on which the actions
required by paragraph (k) of this AD have
been accomplished before the effective date
of this AD: At the applicable time in
paragraph (l)(1) or (l)(2) of this AD, remove
the fasteners of the titanium-reinforced
bracket and, if a fastener is broken, do a
detailed inspection for cracking of the
horizontal beam. Do all applicable corrective
actions before further flight. Do all actions in
accordance with the applicable service
bulletin. Where the applicable service
bulletin specifies to contact Airbus, before
further flight, repair in accordance with a
method approved by the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the EASA (or
its delegated agent).
(1) For Model A330 series airplanes: Prior
to the accumulation of 16,500 total flight
cycles, or within 20 months after the effective
date of this AD, whichever occurs first.
(2) For Model A340–200 and –300 series
airplanes: Prior to the accumulation of 12,400
Airworthiness Directives; Bombardier
Model CL–600–2B19 (Regional Jet
Series 100 & 440) Airplanes
Jkt 214001
*
*
*
*
*
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 October 17, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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.
Federal Aviation Administration
RIN 2120–AA64
17:08 Sep 16, 2008
The assessment showed that insufficient
electrical bonding between the refuel/defuel
shutoff valves and the aircraft structure could
occur due to the presence of a nonconductive gasket (Gask-O-Seal). In addition,
it was also determined that the presence of
an anodic coating on the shutoff valve
electrical conduit connection fitting could
affect electrical bonding. The above
conditions, if not corrected, could result in
arcing and potential ignition source inside
the fuel tank during lightning strikes and
consequent fuel tank explosion.
DEPARTMENT OF TRANSPORTATION
New Requirements of This AD
VerDate Aug<31>2005
53773
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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 CL–600–2B19
aircraft fuel system against the new fuel tank
safety standards * * *.
PO 00000
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Fmt 4702
Sfmt 4702
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.
E:\FR\FM\17SEP1.SGM
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53774
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules
FAA–2008–0977; Directorate Identifier
2008–NM–124–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 https://
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–2008–20,
dated June 12, 2008 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
pwalker on PROD1PC71 with PROPOSALS
Bombardier Aerospace has completed a
system safety review of the CL–600–2B19
aircraft fuel system against the 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.
The assessment showed that insufficient
electrical bonding between the refuel/defuel
shutoff valves and the aircraft structure could
occur due to the presence of a nonconductive gasket (Gask-O-Seal). In addition,
it was also determined that the presence of
an anodic coating on the shutoff valve
electrical conduit connection fitting could
affect electrical bonding. The above
conditions, if not corrected, could result in
arcing and potential ignition source inside
the fuel tank during lightning strikes and
consequent fuel tank explosion.
To correct the unsafe condition, this
directive mandates the modification of the
[shutoff valves in the] refuel/defuel system.
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
VerDate Aug<31>2005
17:08 Sep 16, 2008
Jkt 214001
rule included Special Federal Aviation
Regulation No. 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.
Relevant Service Information
Bombardier has issued Service
Bulletin 601R–28–053, Revision C,
dated March 14, 2006. 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
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Fmt 4702
Sfmt 4702
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
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 970 products of U.S.
registry. We also estimate that it would
take about 26 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Required
parts would cost about $1,041 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 costs. 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 the
proposed AD on U.S. operators to be
$3,027,370, or $3,121 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
E:\FR\FM\17SEP1.SGM
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Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc. (Formerly Canadair):
Docket No. FAA–2008–0977; Directorate
Identifier 2008–NM–124–AD.
defuel shutoff valves incorporated according
to the original issue of Bombardier Service
Bulletin 601R–28–053, dated July 12, 2004;
(2) Airplanes having serial numbers 7989,
7990, and 8000 through 8034.
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 the 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.
The assessment showed that insufficient
electrical bonding between the refuel/defuel
shutoff valves and the aircraft structure could
occur due to the presence of a nonconductive gasket (Gask-O-Seal). In addition,
it was also determined that the presence of
an anodic coating on the shutoff valve
electrical conduit connection fitting could
affect electrical bonding. The above
conditions, if not corrected, could result in
arcing and potential ignition source inside
the fuel tank during lightning strikes and
consequent fuel tank explosion.
To correct the unsafe condition, this
directive mandates the modification of the
[shutoff valves in the] refuel/defuel system.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 5,000 flight hours after the
effective date of this AD, modify the refuel/
defuel system in the center wing fuel tank in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
601R–28–053, Revision C, dated March 14,
2006.
(2) Modifying the refuel/defuel system is
also acceptable for compliance with the
requirements of paragraph (f)(1) of this AD if
done before the effective date of this AD in
accordance with one of the following service
bulletins: Bombardier Service Bulletin 601R–
28–053, Revision A, dated April 21, 2005; or
Revision B, dated September 15, 2005.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Affected ADs
(b) None.
pwalker on PROD1PC71 with PROPOSALS
Comments Due Date
(a) We must receive comments by October
17, 2008.
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: Rocco
Viselli, Aerospace Engineer, Airframe and
Propulsion Branch, ANE–171, FAA, New
York ACO, 1600 Stewart Avenue, Suite 410,
Applicability
(c) This AD applies to Bombardier Model
CL–600–2B19 (Regional Jet Series 100 & 440)
airplanes, certificated in any category, as
specified in paragraphs (c)(1) and (c)(2) of
this AD.
(1) Airplanes having serial numbers 7003
through 7067 and 7069 through 7939 that
have not had the modification of the refuel/
VerDate Aug<31>2005
17:08 Sep 16, 2008
Jkt 214001
PO 00000
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Fmt 4702
Sfmt 4702
53775
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
(h) Refer to MCAI Canadian Airworthiness
Directive CF–2008–20, dated June 12, 2008;
and Bombardier Service Bulletin 601R–28–
053, Revision C, dated March 14, 2006; for
related information.
Issued in Renton, Washington, on
September 9, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–21730 Filed 9–16–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 129 and 165
[Docket No. FDA–2008–N–0446]
Beverages; Bottled Water
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Proposed rule.
SUMMARY: The Food and Drug
Administration (FDA) is proposing to
amend its bottled water regulations to
require that source water, which is
currently subject to weekly
microbiological testing, be tested
specifically for total coliform as is done
for finished bottled water products.
Further, FDA is proposing that if any
coliform organisms are detected in
source water or finished bottled water
products, bottled water manufacturers
would be required to test for the
bacterium Escherichia coli (E. coli), an
indicator of fecal contamination. FDA
also is proposing to amend the
adulteration provision of the bottled
water standard to reflect the possibility
E:\FR\FM\17SEP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Proposed Rules]
[Pages 53773-53775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21730]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0977; Directorate Identifier 2008-NM-124-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).
-----------------------------------------------------------------------
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
CL-600-2B19 aircraft fuel system against the new fuel tank safety
standards * * *.
The assessment showed that insufficient electrical bonding
between the refuel/defuel shutoff valves and the aircraft structure
could occur due to the presence of a non-conductive gasket (Gask-O-
Seal). In addition, it was also determined that the presence of an
anodic coating on the shutoff valve electrical conduit connection
fitting could affect electrical bonding. The above conditions, if
not corrected, could result in arcing and potential ignition source
inside the fuel tank during lightning strikes and consequent 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 October 17,
2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
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 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 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: Rocco Viselli, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7331; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to 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.
[[Page 53774]]
FAA-2008-0977; Directorate Identifier 2008-NM-124-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 https://
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-
2008-20, dated June 12, 2008 (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
CL-600-2B19 aircraft fuel system against the 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.
The assessment showed that insufficient electrical bonding
between the refuel/defuel shutoff valves and the aircraft structure
could occur due to the presence of a non-conductive gasket (Gask-O-
Seal). In addition, it was also determined that the presence of an
anodic coating on the shutoff valve electrical conduit connection
fitting could affect electrical bonding. The above conditions, if
not corrected, could result in arcing and potential ignition source
inside the fuel tank during lightning strikes and consequent fuel
tank explosion.
To correct the unsafe condition, this directive mandates the
modification of the [shutoff valves in the] refuel/defuel system.
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,''
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 Service Bulletin 601R-28-053, Revision C,
dated March 14, 2006. 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.
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 970 products of U.S. registry. We also estimate that
it would take about 26 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Required parts would cost about $1,041 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
costs. 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 the proposed AD on U.S. operators to
be $3,027,370, or $3,121 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
[[Page 53775]]
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:
Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-0977;
Directorate Identifier 2008-NM-124-AD.
Comments Due Date
(a) We must receive comments by October 17, 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, as
specified in paragraphs (c)(1) and (c)(2) of this AD.
(1) Airplanes having serial numbers 7003 through 7067 and 7069
through 7939 that have not had the modification of the refuel/defuel
shutoff valves incorporated according to the original issue of
Bombardier Service Bulletin 601R-28-053, dated July 12, 2004;
(2) Airplanes having serial numbers 7989, 7990, and 8000 through
8034.
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 the 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.
The assessment showed that insufficient electrical bonding
between the refuel/defuel shutoff valves and the aircraft structure
could occur due to the presence of a non-conductive gasket (Gask-O-
Seal). In addition, it was also determined that the presence of an
anodic coating on the shutoff valve electrical conduit connection
fitting could affect electrical bonding. The above conditions, if
not corrected, could result in arcing and potential ignition source
inside the fuel tank during lightning strikes and consequent fuel
tank explosion.
To correct the unsafe condition, this directive mandates the
modification of the [shutoff valves in the] refuel/defuel system.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 5,000 flight hours after the effective date of this
AD, modify the refuel/defuel system in the center wing fuel tank in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 601R-28-053, Revision C, dated March 14, 2006.
(2) Modifying the refuel/defuel system is also acceptable for
compliance with the requirements of paragraph (f)(1) of this AD if
done before the effective date of this AD in accordance with one of
the following service bulletins: Bombardier Service Bulletin 601R-
28-053, Revision A, dated April 21, 2005; or Revision B, dated
September 15, 2005.
FAA AD Differences
Note 1: 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: Rocco Viselli, Aerospace
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York
ACO, 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
(h) Refer to MCAI Canadian Airworthiness Directive CF-2008-20,
dated June 12, 2008; and Bombardier Service Bulletin 601R-28-053,
Revision C, dated March 14, 2006; for related information.
Issued in Renton, Washington, on September 9, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-21730 Filed 9-16-08; 8:45 am]
BILLING CODE 4910-13-P
