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[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Rules and Regulations]
[Page 27416-27419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my10-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0792; Directorate Identifier 2009-NM-057-AD;
Amendment 39-16300; AD 2010-10-21]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) Airplanes, Model CL-600-2D15
(Regional Jet Series 705) Airplanes, and Model CL-600-2D24 (Regional
Jet Series 900) Airplanes

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

ACTION: Final rule.

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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/CL600-2D15/CL-600-2D24 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 was required.
    The assessment showed that certain hydraulic system failure
scenarios could lead to a rapid overheat in the hydraulic lines
without giving flight crew sufficient time to react before the No. 1
and No. 2 hydraulic system tubing inside the fuel tank reaches the
fuel auto ignition temperature. This could result in a fuel tank
explosion.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective June 21, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 21,
2010.

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: Christopher Alfano, 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) 228-7340; 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 28, 2009
(74 FR 49346). 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/CL600-2D15/CL-600-2D24 aircraft fuel system against the
new fuel tank safety

[[Page 27417]]

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 was
required.
    The assessment showed that certain hydraulic system failure
scenarios could lead to a rapid overheat in the hydraulic lines
without giving flight crew sufficient time to react before the No. 1
and No. 2 hydraulic system tubing inside the fuel tank reaches the
fuel auto ignition temperature. This could result in a fuel tank
explosion.
    To correct the unsafe condition, this [Canadian airworthiness]
directive mandates the installation of thermal fuses in the No. 1
and No. 2 hydraulic systems and the introduction of Fuel System
Limitations (FSL) and Critical Design Configuration Control
Limitations (CDCCL) associated with this design change.

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.

Support for the NPRM

    The Air Line Pilots Association (ALPA) supports the proposed AD.

Request To Delay Rule Until Updated Service Information Is Released

    American Eagle Airlines (American Eagle) requests that we
incorporate updated service information into the NPRM. American Eagle
states that during the accomplishment of Bombardier Service Bulletin
670BA-29-005, Revision A, dated January 29, 2009 (which specifies the
accomplishment of Mitsubishi Service Bulletin 670MM-29-006, Revision A,
dated February 12, 2009) (which was referred to in the NPRM as the
appropriate source of service information for the proposed actions),
several issues were found, including part numbers called out in these
service bulletins that have been superseded by new part numbers
included in a kit, an incorrect location specified for bracket
installation, and the need for alternate fasteners. American Eagle
requests that a revised service bulletin correcting these issues be
released and incorporated into the NPRM with credit given for actions
accomplished in accordance with earlier versions of the service
bulletins. American Eagle states that this will greatly reduce the
number of requests for alternative methods of compliance (AMOCs) and
possible instances of non-compliance.
    We find that clarification is necessary. We contacted Bombardier to
inquire as to the status of updating the service information. However,
no estimated date for releasing updated service information could be
provided at this time. We do not agree that it is necessary to wait to
issue this final rule until the manufacturer updates Bombardier Service
Bulletin 670BA-29-005. To further delay the issuance of this AD would
be inappropriate, since we have determined that an unsafe condition
exists and that the required actions must be done to ensure continued
safety.
    We note that Bombardier has issued Service Non-Incorporated
Engineering Order (SNIEO) KMM670-75007, Identifier S01, dated September
3, 2009, which permits installation of certain fasteners, and SNIEO
KMM670-75007, Identifier S02, dated September 11, 2009, which permits
installation of the left-side bracket on the right (and vice versa).
For clarification purposes, we added a new Note 2 to this final rule to
specify that guidance for accomplishing the modification required by
paragraph (f)(1) of this AD can be found in the SNIEOs.
    In addition, paragraph (f)(5) of this AD gives credit for actions
accomplished in accordance with Bombardier Service Bulletin 670BA-29-
005, dated December 18, 2008.

Explanation of Change Made to This AD

    We have revised this AD to identify the legal name of the
manufacturer as published in the most recent type certificate data
sheet for the affected airplane models.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We also determined that this
change 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.

Explanation of Change to Costs of Compliance

    After the NPRM was issued, we reviewed the figures we have used
over the past several years to calculate AD costs to operators. To
account for various inflationary costs in the airline industry, we find
it necessary to increase the labor rate used in these calculations from
$80 per work hour to $85 per work hour. The cost impact information,
below, reflects this increase in the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 334 products of U.S. registry.
We also estimate that it will take about 45 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $6,765 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 $3,537,060, or $10,590 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

[[Page 27418]]

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

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:

2010-10-21 Bombardier, Inc.: Amendment 39-16300. Docket No. FAA-
2009-0792; Directorate Identifier 2009-NM-057-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 21,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model CL-600-2C10
(Regional Jet Series 700, 701, & 702) airplanes, certificated in any
category, having serial numbers 10003 through 10267 inclusive; and
Bombardier Model CL-600-2D15 (Regional Jet Series 705) and CL-600-
2D24 (Regional Jet Series 900) airplanes, certificated in any
category, having serial numbers 15001 through 15199 inclusive,
15202, and 15204.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    Bombardier Aerospace has completed a system safety review of the
CL-600-2C10/CL600-2D15/CL-600-2D24 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 was required.
    The assessment showed that certain hydraulic system failure
scenarios could lead to a rapid overheat in the hydraulic lines
without giving flight crew sufficient time to react before the No. 1
and No. 2 hydraulic system tubing inside the fuel tank reaches the
fuel auto ignition temperature. This could result in a fuel tank
explosion.
    To correct the unsafe condition, this [Canadian airworthiness]
directive mandates the installation of thermal fuses in the No. 1
and No. 2 hydraulic systems and the introduction of Fuel System
Limitations (FSL) and Critical Design Configuration Control
Limitations (CDCCL) associated with this design change.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 6,000 flight hours after the effective date of this
AD, modify the aircraft hydraulic system by installing thermal fuses
according to the Accomplishment Instructions of Bombardier Service
Bulletin 670BA-29-005, Revision A, dated January 29, 2009.

    Note 2: Guidance for accomplishing the modification required by
paragraph (f)(1) of this AD can be found in Bombardier Service Non-
Incorporated Engineering Order (SNIEO) KMM670-75007, Identifier S01,
dated September 3, 2009, and SNIEO KMM670-75007, Identifier S02,
dated September 11, 2009.

    (2) Before or concurrently with the actions required by
paragraph (f)(1) of this AD, revise the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness to
incorporate the tasks identified in Table 1 of this AD as specified
in Bombardier Temporary Revision (TR) 2-269, dated December 18,
2008, to Section 3, ``Fuel Systems Limitations,'' of Part 2 of the
Bombardier CL-600-2C10, CL-600-2D15, and CL-600-2D24 Maintenance
Requirements Manual. The initial compliance time for the task is
within 10,000 flight hours after doing the action required by
paragraph (f)(1) of this AD, or within 60 days after the effective
date of this AD, whichever occurs later, and the limitation task
must be accomplished thereafter at the ``limiting interval''
specified in Bombardier TR 2-269, dated December 18, 2008, except as
provided by paragraphs (f)(4) and (g)(1) of this AD.

                  Table 1--Fuel System Limitation Task
------------------------------------------------------------------------
              Task No.                         Task description
------------------------------------------------------------------------
29-30-00-603........................  Hydraulic System No. 1 and No. 2
                                       Thermal Fuse: Discard the system
                                       No. 1 and No. 2 thermal fuse
                                       (Post Modsum 670T112042 or SB
                                       670BA-29-005).
------------------------------------------------------------------------

    (3) Before or concurrently with the actions required by
paragraph (f)(1) of this AD, revise the ALS of the Instructions for
Continued Airworthiness to incorporate the CDCCL data specified in
Bombardier TR 2-268, dated December 18, 2008, to Section 3, ``Fuel
System Limitations,'' of Part 2 of the Bombardier CL-600-2C10, CL-
600-2D15 and CL-600-2D24 Maintenance Requirements Manual.

    Note 3: The actions required by paragraphs (f)(2) and (f)(3) of
this AD may be done by inserting a copy of the TR into the
maintenance requirements manual. When the TR has been included in
the general revision of the maintenance program, the general
revision may be inserted into the maintenance requirements manual,
provided the relevant information in the general revision is
identical to that in the TR, and the TR may be removed.

    (4) After accomplishing the actions specified in paragraphs
(f)(2) and (f)(3) of this AD, no alternative limitation tasks,
limitation task intervals, or CDCCLs may be used unless the
limitation task, limitation task interval, or CDCCL is approved as
an alternative method of compliance (AMOC) in accordance with the
procedures specified in paragraph (g)(1) of this AD.
    (5) Actions accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 670BA-29-005, dated
December 18, 2008, are considered acceptable for compliance with the
corresponding action specified in paragraph (f)(1) of this AD.

[[Page 27419]]

    Note 4: Notwithstanding any other maintenance or operational
requirements, components that have been identified as airworthy or
installed on the affected airplanes before the revision of the ALS,
as required by paragraphs (f)(2) and (f)(3) of this AD, do not need
to be reworked in accordance with the CDCCLs. However, once the ALS
has been revised, future maintenance actions on these components
must be done in accordance with the CDCCLs.

FAA AD Differences

    Note 5: 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), ANE-170, 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: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC on any
airplane to which the AMOC applies, notify your principal
maintenance inspector (PMI) or principal avionics inspector (PAI),
as appropriate, or lacking a principal inspector, your local Flight
Standards District Office. The AMOC approval letter must
specifically reference this AD.
    (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 (44
U.S.C. 3501 et seq.), 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-2009-09,
dated March 9, 2009; Bombardier Service Bulletin 670BA-29-005,
Revision A, dated January 29, 2009; and Bombardier TR 2-268 and
Bombardier TR 2-269, both dated December 18, 2008, both to Section
3, ``Fuel System Limitations,'' of Part 2 of the Bombardier CL-600-
2C10, CL-600-2D15, and CL-600-2D24 Maintenance Requirements Manual;
for related information.

Material Incorporated by Reference

    (i) You must use the applicable service information specified in
Table 2 of this AD, to do the actions required by this AD, unless
the AD specifies otherwise.

                                   Table 2--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
               Document                               Revision                               Date
----------------------------------------------------------------------------------------------------------------
Bombardier Service Bulletin 670BA-29-   A..................................  January 29, 2009.
 005.
Bombardier Temporary Revision 2-268 to  Original...........................  December 18, 2008.
 Section 3, ``Fuel System
 Limitations,'' of Part 2 of the
 Bombardier CL-600-2C10, CL-600-2D15,
 and CL-600-2D24 Maintenance
 Requirements Manual.
Bombardier Temporary Revision 2-269 to  Original...........................  December 18, 2008.
 Section 3, ``Fuel System
 Limitations,'' of Part 2 of the
 Bombardier CL-600-2C10, CL-600-2D15,
 and CL-600-2D24 Maintenance
 Requirements Manual.
----------------------------------------------------------------------------------------------------------------

    (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 http://www.bombardier.com.
    (3) You may review copies of the service information 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.
    (4) You may also review copies of the service information that
is incorporated by reference 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 May 3, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-11183 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-13-P
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