This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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REGISTER issue of each week.

Rules and Regulations Federal Register

4115 

Vol. 74, No. 14 

Friday, January 23, 2009 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0540; Directorate 

Identifier 2008–NM–031–AD; Amendment 

39–15786; AD 2009–01–07] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2C10 (Regional Jet 

Series 700, 701, & 702) and Model CL– 

600–2D24 (Regional Jet Series 900) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

Bombardier Aerospace has completed a 

system safety review of the CL–600–2C10/ 

CL–600–2D24 aircraft fuel system against 

new fuel tank safety standards, introduced in 

Chapter 525 of the Airworthiness Manual 

through Notice of Proposed Amendment 

(NPA) 2002–043. The identified noncompliances were assessed using Transport 

Canada Policy Letter No. 525–001 to 

determine if mandatory corrective action is 

required. 

This assessment showed that rupture of the 

fuel tank climb vent loop pipe or leakage 

from pipe couplings could result in fuel 

coming in contact with hot anti-ice ducts, 

creating potential fire on top of the centre 

fuel tank. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

February 27, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of February 27, 2009. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

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 May 13, 2008 (73 FR 27475). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

Bombardier Aerospace has completed a 

system safety review of the CL–600–2C10/ 

CL–600–2D24 aircraft fuel system against 

new fuel tank safety standards, introduced in 

Chapter 525 of the Airworthiness Manual 

through Notice of Proposed Amendment 

(NPA) 2002–043. The identified noncompliances were assessed using Transport 

Canada Policy Letter No. 525–001 to 

determine if mandatory corrective action is 

required. 

This assessment showed that rupture of the 

fuel tank climb vent loop pipe or leakage 

from pipe couplings could result in fuel 

coming in contact with hot anti-ice ducts, 

creating potential fire on top of the centre 

fuel tank. 

To correct the unsafe condition, this 

directive mandates the modification of the 

fuel tank climb vent loop by installing 

shrouding boots that direct leaked fuel safely 

overboard. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Revise Service Bulletin 

Reference 

Comair requests that we refer to 

Revision C of Bombardier Service 

Bulletin 670BA–28–011, dated June 5, 

2008, which Bombardier released since 

the NPRM was issued. (The NPRM 

referred to Revision B of Bombardier 

Service Bulletin 670BA–28–011, dated 

July 4, 2007.) 

We agree to incorporate Bombardier 

Service Bulletin 670BA–28–011, 

Revision C, and give credit for prior 

actions accomplished according to 

Bombardier Service Bulletin 670BA–28– 

011, Revision B. Bombardier Service 

Bulletin 670BA–28–011, Revision C, 

revises a figure and its related 

instruction and includes editorial 

changes; there are no substantive 

changes to the remaining procedures. 

We have revised paragraphs (f)(1), (f)(2), 

and (h) of the AD accordingly. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow our FAA 

policies. Any such differences are 

highlighted in a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

about 297 products of U.S. registry. We 

also estimate that it will take about 22 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $80 per work-hour. 

Required parts will cost about $13,768 


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4116 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Rules and Regulations 

per product. Where the service 

information lists required parts costs 

that are covered under warranty, we 

have assumed that there will be no 

charge for these parts. As we do not 

control warranty coverage for affected 

parties, some parties may incur costs 

higher than estimated here. Based on 

these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$4,611,816, or $15,528 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains 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: 

2009–01–07 Bombardier, Inc. (Formerly 

Canadair): Amendment 39–15786. 

Docket No. FAA–2008–0540; Directorate 

Identifier 2008–NM–031–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 27, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model CL–600–2C10 

(Regional Jet Series 700, 701, & 702) 

airplanes, serial numbers 10003 through 

10169; and Model CL–600–2D24 (Regional 

Jet Series 900) airplanes, serial numbers 

15001 though 15025; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

‘‘Bombardier Aerospace has completed a 

system safety review of the CL–600–2C10/ 

CL–600–2D24 aircraft fuel system against 

new fuel tank safety standards, introduced in 

Chapter 525 of the Airworthiness Manual 

through Notice of Proposed Amendment 

(NPA) 2002–043. The identified noncompliances were assessed using Transport 

Canada Policy Letter No. 525–001 to 

determine if mandatory corrective action is 

required. 

‘‘This assessment showed that rupture of 

the fuel tank climb vent loop pipe or leakage 

from pipe couplings could result in fuel 

coming in contact with hot anti-ice ducts, 

creating potential fire on top of the centre 

fuel tank. 

To correct the unsafe condition, this 

directive mandates the modification of the 

fuel tank climb vent loop by installing 

shrouding boots that direct leaked fuel safely 

overboard.’’ 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 4,500 flight hours after the 

effective date of this AD, modify the fuel tank 

climb vent loop pipes by installing shrouding 

boots according to the Accomplishment 

Instructions of Bombardier Service Bulletin 

670BA–28–011, Revision C, dated June 5, 

2008. 

(2) Modification of the climb vent pipe 

prior to the effective date of this AD 

according to Bombardier Service Bulletin 

670BA–28–011, dated November 7, 2005; 

Revision A, dated January 22, 2007; or 

Revision B, dated July 4, 2007; is acceptable 

for compliance with the corresponding 

requirements of this AD. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Richard Fiesel, 

Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7304; fax 

(516) 794–5531. Before using any approved 

AMOC on any airplane to which the AMOC 

applies, notify your appropriate principal 

inspector (PI) in the FAA Flight Standards 

District Office (FSDO), or lacking a PI, your 

local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2008–01, dated January 3, 2008; 

and Bombardier Service Bulletin 670BA–28– 

011, Revision C, dated June 5, 2008; for 

related information. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Rules and Regulations 4117 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 670BA–28–011, Revision C, dated 

June 5, 2008, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet http:// 

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: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html . 

Issued in Renton, Washington, on 

December 18, 2008. 

Stephen P. Boyd, 

Assistant Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–23 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–28283; Directorate 

Identifier 2006–NM–254–AD; Amendment 

39–15780; AD 2009–01–02] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 737–600, –700, –700C, –800 and 

–900 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 737–600, –700, –700C, 

–800 and –900 series airplanes. This AD 

requires a one-time general visual 

inspection of frames between body 

station (BS) 360 and BS 907 to 

determine if certain support brackets of 

the air conditioning (A/C) outlet 

extrusions are installed; medium- and 

high-frequency eddy current inspections 

for cracking of the frames around the 

attachment holes of the subject brackets; 

and repair if necessary. This AD also 

requires installing new, improved 

fittings for all support brackets of the 

A/C outlet extrusions between BS 360 

and BS 907. This AD results from 

numerous reports of multiple cracks in 

the frames around the attachment holes 

of certain support brackets of the A/C 

outlet extrusions. We are issuing this 

AD to prevent frame cracking, which, if 

not corrected, could lead to a severed 

frame that, combined with cracking of 

the skin lap splice above stringer 10, 

could result in rapid decompression of 

the airplane. 

DATES: This AD becomes effective 

February 27, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 27, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

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: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6447; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The FAA issued a supplemental 

notice of proposed rulemaking (NPRM) 

to amend 14 CFR part 39 to include an 

AD that would apply to certain Boeing 

Model 737–600, –700, –700C, –800 and 

–900 series airplanes. That 

supplemental NPRM was published in 

the Federal Register on August 19, 2008 

(73 FR 48307). That supplemental 

NPRM proposed to require a one-time 

general visual inspection of frames 

between body station (BS) 360 and BS 

907 to determine if certain support 

brackets of the air conditioning (A/C) 

outlet extrusions are installed; mediumand high-frequency eddy current 

inspections for cracking of the frames 

around the attachment holes of the 

subject brackets; and repair if necessary. 

That supplemental NPRM also proposed 

to require installing new, improved 

fittings for all support brackets of the 

A/C outlet extrusions between BS 360 

and BS 907. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Revise ‘‘Estimated Costs’’ 

Table 

Boeing requests that we revise the 

‘‘Estimated Costs’’ table in the Cost of 

Compliance paragraph of the 

supplemental NPRM to match the 

information specified in Boeing Special 

Attention Service Bulletin 737–25– 

1544, Revision 1, dated January 16, 

2008. Boeing states that the parts cost in 

the supplemental NPRM reflects a price 

range between $56,095 and $81,339, 

while the price range specified in the 

Boeing special attention service bulletin 

is between $19,854 and $28,789. We 

referred to the Boeing special attention 

service bulletin as the appropriate 

source of service information for doing 

the actions specified in the 

supplemental NPRM. 

We agree with the commenter’s 

request to revise the parts cost to match 

the information specified in Boeing 

Special Attention Service Bulletin 737– 

25–1544, Revision 1, dated January 16, 

2008. We have revised the parts cost to 

specify ‘‘between $19,854 and $28,789’’ 

and we have revised the corresponding 

‘‘Cost per Airplane’’ and ‘‘Fleet Cost’’ 

columns in the ‘‘Estimated Costs’’ table 

of this AD. 

Request To Clarify the References to the 

Boeing Special Attention Service 

Bulletin 

Boeing requests that we clarify the 

references to Boeing Special Attention 

Service Bulletin 737–25–1544, Revision 

1, dated January 16, 2008, in paragraphs 

(g), (g)(2), and (h) of the supplemental 

NPRM. Boeing states that the 

supplemental NPRM reads ‘‘* * * in 

accordance with Part 2 of the service 

bulletin * * *’’ when the reference is 

meant to be ‘‘* * * in accordance with 

Part 2 of the accomplishment 

instructions of the service bulletin. 


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