Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) Airplanes, 78948-78951 [E8-30261]
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Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Rules and Regulations
Unsafe Condition
(d) This AD results from reports of cracks
in the skins and stringers at the end fasteners
common to the stringer end fittings at
stations Xw=408 and Xw=¥408 wing splice
joints. We are issuing this AD to detect and
correct fatigue cracking in the skins and
stringers at the end fasteners common to the
stringer end fittings at certain station and
wing splice joints, which could result in
wing structure that might not sustain limit
load, and consequent loss of structural
integrity of the wing.
Compliance
(e) Comply with this AD within the
compliance times specified, unless already
done.
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, Los Angeles
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane and 14
CFR 25.571, Amendment 45, and the
approval must specifically refer to this AD.
(4) Accomplishing the requirements of this
AD is an acceptable AMOC with the
requirements of paragraph (b) of AD 93–01–
15, amendment 39–8469, for those areas of
principal structural element 57.08.037/038.
Material Incorporated by Reference
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Repetitive Inspections and Corrective
Actions
(f) At the times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin DC8–57A102, dated February 12,
2008 (‘‘the service bulletin’’), except as
provided by paragraph (g) of this AD: Do the
applicable inspections for fatigue cracking of
the lower skin and stringers at stations
Xw=408 and Xw=¥408, and do all
applicable corrective actions, by
accomplishing all applicable actions
specified in the Accomplishment
Instructions of the service bulletin, except as
provided by paragraph (h) of this AD. Do all
corrective actions before further flight, in
accordance with the service bulletin.
Thereafter, repeat the inspections at the
applicable intervals specified in paragraph
1.E. of the service bulletin.
(g) Where Boeing Alert Service Bulletin
DC8–57A102, dated February 12, 2008 (‘‘the
service bulletin’’), specifies a compliance
time after the date on the service bulletin,
this AD requires compliance within the
specified compliance time after the effective
date of this AD.
(h) If any cracking is found during any
inspection required by this AD, and Boeing
Alert Service Bulletin DC8–57A102, dated
February 12, 2008, specifies to contact
Boeing for appropriate action: Before further
flight, repair the cracking using a method
approved in accordance with the procedures
specified in paragraph (i) of this AD.
(j) You must use Boeing Alert Service
Bulletin DC8–57A102, dated February 12,
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 Boeing Commercial
Airplanes, Long Beach Division, 3855
Lakewood Boulevard, Long Beach, California
90846, Attention: Data and Service
Management, Dept. C1–L5A (D800–0024);
telephone 206–544–9990; fax 206–766–5682;
e-mail DDCS@boeing.com; Internet https://
www.myboeingfleet.com.
(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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Los Angeles Aircraft
Certification Office (ACO), FAA, ATTN: Dara
Albouyeh, Aerospace Engineer, Airframe
Branch, ANM–120L, 3960 Paramount
Boulevard, Lakewood, California 90712–
4137; telephone (562) 627–5222; fax (562)
627–5210; has the authority to approve
AMOCs for this AD, if requested using 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
Issued in Renton, Washington, on
December 12, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–30265 Filed 12–23–08; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0977; Directorate
Identifier 2008–NM–124–AD; Amendment
39–15775; AD 2008–26–09]
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:
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 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.
*
*
*
*
*
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
January 28, 2009.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 28, 2009.
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:
Rocco Viselli, Aerospace Engineer,
Airframe and Propulsion Branch, ANE–
171, FAA, New York Aircraft
Certification Office, 1600 Stewart
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Avenue, Suite 410, Westbury, New York
11590; telephone (516) 228–7331; fax
(516) 794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on September 17, 2008 (73 FR
53773). 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 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.
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Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Refer to New Service
Bulletin Revision
Air Wisconsin Airlines Corporation
(Air Wisconsin) requests that we revise
paragraph (f)(1) of the NPRM to refer to
Bombardier Service Bulletin 601R–28–
053, Revision D, dated August 20, 2008.
We agree to change paragraph (f)(1) of
this AD to refer to Bombardier Service
Bulletin 601R–28–053, Revision D. We
referred to Bombardier Service Bulletin
601R–28–053, Revision C, dated March
14, 2006, as the appropriate source of
service information for accomplishing
the actions in the NPRM. We have
reviewed Bombardier Service Bulletin
601R–28–053, Revision D, and find that
it is essentially the same as the prior
revisions referenced in the NPRM; it
differs from Bombardier Service
Bulletin 601R–28–053, Revision C, by
correcting a statement in the Description
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paragraph, removing a part number and
the Interchangeability Code from the
Disposition of Parts table, and having
small editorial changes that do not affect
its technical content. We have changed
paragraph (f)(1) of this AD accordingly,
and added credit for actions done
according to Bombardier Service
Bulletin 601R–28–053, Revision C, to
paragraph (f)(2) of this AD.
Request To Supersede an Existing AD
AWAC requests that we supersede AD
2006–02–10 with this AD, as it
addresses airplanes modified by
Bombardier Service Bulletin 601R–28–
053, dated July 12, 2004.
We disagree with this request, as this
AD applies to different airplanes than
AD 2006–02–10, amendment 39–14462
(71 FR 4040, January 25, 2006). That AD
applies to certain airplanes modified by
Bombardier Service Bulletin 601R–28–
053, dated July 12, 2004, and other
airplanes having serial numbers 7940
through 7988. This AD does not apply
to those airplanes. We have not changed
the AD in this regard.
Request for Method of Compliance for
Other Airplanes
AWAC requests that airplanes
modified according to AD 2006–02–10
be approved as complying with the
proposed AD.
We disagree with this request. As
mentioned in the prior response, AD
2006–02–10 applies to different
airplanes from those specified in this
AD, and are affected by different service
information. Further, those airplanes are
not subject to the requirements of this
AD. We have not changed the AD in this
regard.
Request To Give Credit for Certain
Service Bulletin Revisions
AWAC requests that we give credit for
actions done according to Bombardier
Service Bulletin 601R–28–053, dated
July 12, 2004; Revision A, dated April
21, 2005; Revision B, dated September
15, 2005; and Revision C, dated March
14, 2006. AWAC requests that we also
give credit for Bombardier Service
Bulletin A601R–28–064, dated April 21,
2005; Revision A, dated September 15,
2005; Revision B, dated March 14, 2006;
and Revision C, dated April 19, 2006.
We partially agree with this request.
Credit for actions done according to
Bombardier Service Bulletin 601R–28–
053, Revisions A and B, appears in
paragraph (f)(2) of the AD; and, as
mentioned above, we are adding credit
for Bombardier Service Bulletin 601R–
28–053, Revision C, to that paragraph.
Airplanes on which Bombardier Service
Bulletin 601R–28–053, dated July 12,
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78949
2004, has been done are not subject to
this AD, so we have not given credit in
the AD for Bombardier Service Bulletin
601R–28–053, dated July 12, 2004.
Bombardier Service Bulletin A601R–28–
064 is not a method of compliance for
this AD, so no credit is given for it in
this AD.
Request To Discuss Warranty
Considerations in the Costs of
Compliance
AWAC states that there is no
discussion of warranty consideration in
the service bulletin; we infer that
AWAC requests warranty information in
the Costs of Compliance section of the
AD.
We disagree with this request.
Warranty information is provided by the
manufacturer, and we have not changed
the AD in this regard.
Change to Costs of Compliance
Based on new information, we have
reduced the estimated number of
products in the Costs of Compliance
section of the NPRM from 970 to 677.
The estimated cost per product stays the
same, while the estimated cost of this
AD to U.S. operators is reduced to
$2,112,917.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
about 677 products of U.S. registry. We
also estimate that it will take about 26
work-hours per product to comply with
the basic requirements of this AD. The
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Federal Register / Vol. 73, No. 248 / Wednesday, December 24, 2008 / Rules and Regulations
average labor rate is $80 per work-hour.
Required parts will 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 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
$2,112,917, or $3,121 per product.
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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 https://
www.regulations.gov; or in person at the
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19:28 Dec 23, 2008
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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,
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:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2008–26–09 Bombardier, Inc. (Formerly
Canadair): Amendment 39–15775.
Docket No. FAA–2008–0977; Directorate
Identifier 2008–NM–124–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective January 28, 2009.
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;
and,
(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.
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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 D, dated August 20,
2008.
(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;
Revision B, dated September 15, 2005; or
Revision C, dated March 14, 2006.
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
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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 D, dated August 20, 2008; for
related information.
Material Incorporated by Reference
(i) You must use Bombardier Service
Bulletin 601R–28–053, Revision D, dated
August 20, 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
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; telephone 514–855–5000; fax 514–
855–7401; e-mail
thd.crj@aero.bombardier.com; Internet https://
www.bombardier.com.
(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: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
December 14, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E8–30261 Filed 12–23–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0903; Directorate
Identifier 2008–NM–123–AD; Amendment
39–15770; AD 2008–26–04]
RIN 2120–AA64
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Airworthiness Directives; Cessna
Model 560 Airplanes
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
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which applies to certain Cessna Model
560 airplanes. That AD currently
requires installing new minimum
airspeed placards to notify the
flightcrew of the proper airspeeds for
operating in both normal and icing
conditions. That AD also requires
revising the airplane flight manual to
provide limitations and procedures for
operating in icing conditions, for
operating with anti-ice systems selected
‘‘on’’ independent of icing conditions,
and for recognizing and recovering from
inadvertent stall. That AD also provides
an optional terminating action for the
placard installation. This new AD
requires the previously optional
terminating action. This AD results from
an evaluation of in-service airplanes
following an accident. The evaluation
indicated that some airplanes might
have an improperly adjusted stall
warning system. We are issuing this AD
to prevent an inadvertent stall due to
the inadequate stall warning margin
provided by an improperly adjusted
stall warning system, which could result
in loss of controllability of the airplane.
DATES: This AD becomes effective
January 28, 2009.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of January 28, 2009.
On November 30, 2007 (72 FR 64135,
November 15, 2007), the Director of the
Federal Register approved the
incorporation by reference of certain
other publications.
ADDRESSES: For service information
identified in this AD, contact Cessna
Aircraft Co., P.O. Box 7706, Wichita,
Kansas 67277–7706; telephone 316–
517–6215; fax 316–517–5802; e-mail
citationpubs@cessna.textron.com;
Internet https://
www.cessnasupport.com/newlogin.html.
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: Bob
Busto, Aerospace Engineer, Systems and
Propulsion Branch, ACE–116W, FAA,
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78951
Wichita Aircraft Certification Office,
1801 Airport Road, Room 100, MidContinent Airport, Wichita, Kansas
67209; telephone (316) 946–4157; fax
(316) 946–4107.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that
supersedes AD 2007–23–13, amendment
39–15259 (72 FR 64135, November 15,
2007). The existing AD (AD 2007–23–
13) applies to certain Cessna Model 560
airplanes. That NPRM was published in
the Federal Register on August 21, 2008
(73 FR 49359). That NPRM proposed to
continue to require installing new
minimum airspeed placards to notify
the flightcrew of the proper airspeeds
for operating in both normal and icing
conditions. That NPRM also proposed to
continue to require revising the airplane
flight manual to provide limitations and
procedures for operating in icing
conditions, for operating with anti-ice
systems selected ‘‘on’’ independent of
icing conditions, and for recognizing
and recovering from inadvertent stall.
That NPRM also proposed to require an
optional terminating action for the
placard installation and after
accomplishing the terminating action,
removing an AFM warning.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comment that has been
received on the NPRM.
Additional Concern Regarding Safety of
Flight in Icing Conditions
The National Safety Review Board
(NTSB) states that based on its review
of the NPRM, it is pleased that the FAA
has performed a fleet survey and has
identified a potential source of
inaccuracy in the angle-of-attack (AOA)
system. Further, the NTSB states it is
pleased that the FAA has proposed
requirements for correcting the
calibration of the AOA system and
providing data regarding the calibration
adjustment to the manufacturer. The
NTSB concludes that these actions
would ensure that the stall warning
system provides an accurate stall
warning based on original and
secondary/icing certification flight
testing.
However, the NTSB notes that the
actions described in this NPRM and in
AD 2007–23–13 do not address certain
safety recommendations. The NTSB
states it is concerned that a reduction in
stall warning margin produced by thin,
E:\FR\FM\24DER1.SGM
24DER1
]]>Agencies
[Federal Register Volume 73, Number 248 (Wednesday, December 24, 2008)]
[Rules and Regulations]
[Pages 78948-78951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30261]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0977; Directorate Identifier 2008-NM-124-AD;
Amendment 39-15775; AD 2008-26-09]
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:
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.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective January 28, 2009.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 28,
2009.
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: Rocco Viselli, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart
[[Page 78949]]
Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228-7331;
fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on September 17, 2008
(73 FR 53773). 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 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Refer to New Service Bulletin Revision
Air Wisconsin Airlines Corporation (Air Wisconsin) requests that we
revise paragraph (f)(1) of the NPRM to refer to Bombardier Service
Bulletin 601R-28-053, Revision D, dated August 20, 2008.
We agree to change paragraph (f)(1) of this AD to refer to
Bombardier Service Bulletin 601R-28-053, Revision D. We referred to
Bombardier Service Bulletin 601R-28-053, Revision C, dated March 14,
2006, as the appropriate source of service information for
accomplishing the actions in the NPRM. We have reviewed Bombardier
Service Bulletin 601R-28-053, Revision D, and find that it is
essentially the same as the prior revisions referenced in the NPRM; it
differs from Bombardier Service Bulletin 601R-28-053, Revision C, by
correcting a statement in the Description paragraph, removing a part
number and the Interchangeability Code from the Disposition of Parts
table, and having small editorial changes that do not affect its
technical content. We have changed paragraph (f)(1) of this AD
accordingly, and added credit for actions done according to Bombardier
Service Bulletin 601R-28-053, Revision C, to paragraph (f)(2) of this
AD.
Request To Supersede an Existing AD
AWAC requests that we supersede AD 2006-02-10 with this AD, as it
addresses airplanes modified by Bombardier Service Bulletin 601R-28-
053, dated July 12, 2004.
We disagree with this request, as this AD applies to different
airplanes than AD 2006-02-10, amendment 39-14462 (71 FR 4040, January
25, 2006). That AD applies to certain airplanes modified by Bombardier
Service Bulletin 601R-28-053, dated July 12, 2004, and other airplanes
having serial numbers 7940 through 7988. This AD does not apply to
those airplanes. We have not changed the AD in this regard.
Request for Method of Compliance for Other Airplanes
AWAC requests that airplanes modified according to AD 2006-02-10 be
approved as complying with the proposed AD.
We disagree with this request. As mentioned in the prior response,
AD 2006-02-10 applies to different airplanes from those specified in
this AD, and are affected by different service information. Further,
those airplanes are not subject to the requirements of this AD. We have
not changed the AD in this regard.
Request To Give Credit for Certain Service Bulletin Revisions
AWAC requests that we give credit for actions done according to
Bombardier Service Bulletin 601R-28-053, dated July 12, 2004; Revision
A, dated April 21, 2005; Revision B, dated September 15, 2005; and
Revision C, dated March 14, 2006. AWAC requests that we also give
credit for Bombardier Service Bulletin A601R-28-064, dated April 21,
2005; Revision A, dated September 15, 2005; Revision B, dated March 14,
2006; and Revision C, dated April 19, 2006.
We partially agree with this request. Credit for actions done
according to Bombardier Service Bulletin 601R-28-053, Revisions A and
B, appears in paragraph (f)(2) of the AD; and, as mentioned above, we
are adding credit for Bombardier Service Bulletin 601R-28-053, Revision
C, to that paragraph. Airplanes on which Bombardier Service Bulletin
601R-28-053, dated July 12, 2004, has been done are not subject to this
AD, so we have not given credit in the AD for Bombardier Service
Bulletin 601R-28-053, dated July 12, 2004. Bombardier Service Bulletin
A601R-28-064 is not a method of compliance for this AD, so no credit is
given for it in this AD.
Request To Discuss Warranty Considerations in the Costs of Compliance
AWAC states that there is no discussion of warranty consideration
in the service bulletin; we infer that AWAC requests warranty
information in the Costs of Compliance section of the AD.
We disagree with this request. Warranty information is provided by
the manufacturer, and we have not changed the AD in this regard.
Change to Costs of Compliance
Based on new information, we have reduced the estimated number of
products in the Costs of Compliance section of the NPRM from 970 to
677. The estimated cost per product stays the same, while the estimated
cost of this AD to U.S. operators is reduced to $2,112,917.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect about 677 products of U.S.
registry. We also estimate that it will take about 26 work-hours per
product to comply with the basic requirements of this AD. The
[[Page 78950]]
average labor rate is $80 per work-hour. Required parts will 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 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 $2,112,917, 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 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 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:
2008-26-09 Bombardier, Inc. (Formerly Canadair): Amendment 39-15775.
Docket No. FAA-2008-0977; Directorate Identifier 2008-NM-124-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
28, 2009.
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; and,
(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 D, dated August 20, 2008.
(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; Revision B, dated
September 15, 2005; or Revision C, dated March 14, 2006.
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
[[Page 78951]]
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 D, dated August 20, 2008; for related information.
Material Incorporated by Reference
(i) You must use Bombardier Service Bulletin 601R-28-053,
Revision D, dated August 20, 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 thd.crj@aero.bombardier.com; Internet https://
www.bombardier.com.
(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: https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on December 14, 2008.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-30261 Filed 12-23-08; 8:45 am]
BILLING CODE 4910-13-P
