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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. FAA-2005-22793; Directorate Identifier 2005-NM-161-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT).
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. This proposed AD would require replacing the Gask-O-Seal in the coupling of the refuel/defuel shut-off valves. This proposed AD results from a report that Gask-O-Seals that did not incorporate an integral restrictor to limit fuel flow rate and fuel pressure during refueling were installed on certain airplanes. We are proposing this AD to prevent a buildup of excessive static charge, which could create an ignition source inside the fuel tank.
 DATES: We must receive comments on this proposed AD by November 28, 2005.
 ADDRESSES: Use one of the following addresses to submit comments on this proposed AD. *DOT Docket Web site:*
                         Go to 
                        *http:// dms.dot.gov*
                         and follow the instructions for sending your comments electronically.
                    *Government-wide rulemaking Web site:*
                         Go to 
                        *http://www.regulations.gov*
                         and follow the instructions for sending your comments electronically.
                    *Mail:*
                         Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, Washington, DC 20590.
                    *Fax:*
                         (202) 493-2251.
                    *Hand Delivery:*
                         Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 
                        ( print page 61921) Contact Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centreville, Montreal, Quebec H3C 3G9, Canada, for service information identified in this proposed AD.
 FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New York 11590; telephone (516) 228-7331; fax (516) 794-5531.


SUPPLEMENTARY INFORMATION: Comments Invited We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed in the 
                    **ADDRESSES**
                     section. Include the docket number “FAA-2005-22793; Directorate Identifier 2005-NM-161-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to 
                    *http://dms.dot.gov,*
                     including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of that Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the 
                    **Federal Register**
                     published on April 11, 2000 (65 FR 19477-78), or you may visit 
                    *http://dms.dot.gov.* Examining the Docket You may examine the AD docket on the Internet at 
                    *http://dms.dot.gov,*
                     or in person at the Docket Management Facility office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Management Facility office (telephone (800) 647-5227) is located on the plaza level of the Nassif Building at the DOT street address stated in the 
                    **ADDRESSES**
                     section. Comments will be available in the AD docket shortly after the Docket Management System receives them. Discussion Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, notified us that an unsafe condition may exist on certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes. TCCA advises that incorrectly identified Gask-O-Seals have been installed on certain production airplanes and have been delivered as part of a modification kit for Bombardier Service Bulletin 601R-28-053, dated July 12, 2004. The incorrectly identified Gask-O-Seal did not incorporate an integral restrictor to limit fuel flow rate and fuel pressure during refueling. This condition, if not corrected, could result in a buildup of excessive static charge, which could create an ignition source inside the fuel tank. Relevant Service Information Bombardier has issued Alert Service Bulletin A601R-28-064, dated April 21, 2005. The alert service bulletin describes procedures for replacing the Gask-O-Seal, part number (P/N) 202297, in the coupling of the refuel/defuel shut-off valves with a new Gask-O-Seal, P/N 601R62085-1. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. TCCA mandated the service information and issued Canadian airworthiness directive CF-2005-18, dated June 9, 2005, to ensure the continued airworthiness of these airplanes in Canada. FAA's Determination and Requirements of the Proposed AD This airplane model is manufactured in Canada and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, TCCA has kept the FAA informed of the situation described above. We have examined TCCA's findings, evaluated all pertinent information, and determined that we need to issue an AD for airplanes of this type design that are certificated for operation in the United States. Therefore, we are proposing this AD, which would require accomplishing the actions specified in the service information described previously. Costs of Compliance The following table provides the estimated costs for U.S. operators to comply with this proposed AD. Estimated Costs
Action
Work hours
Average labor rate per hour
Parts
Cost per 
                             airplane
Number of U.S.-registered 
                             airplanes
Fleet costReplacement
1
$65
$0
$65
720
$46,800
 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 have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. 
                    ( print page 61922) For the reasons discussed above, I certify that the proposed regulation: 1. Is not a “significant regulatory action” under Executive Order 12866; 2. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the 
                    **ADDRESSES**
                     section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation
Aircraft
Aviation safety
Safety
 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority:
                        49 U.S.C. 106(g), 40113, 44701. § 39.13
  2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): **Bombardier, Inc. (Formerly Canadair):**
                                 Docket No. FAA-2005-22793; Directorate Identifier 2005-NM-161-AD. Comments Due Date (a) The FAA must receive comments on this AD action by November 28, 2005. 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 inclusive and 7069 through 7939 inclusive on which Bombardier Service Bulletin 601R-28-053, dated July 12, 2004, has been accomplished. (2) Airplanes having serial numbers 7940 through 7988 inclusive. Unsafe Condition (d) This AD results from a report that Gask-O-Seals that did not incorporate an integral restrictor to limit fuel flow rate and fuel pressure during refueling were installed on certain airplanes. We are issuing this AD to prevent a buildup of excessive static charge, which could create an ignition source inside the fuel tank. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Replacement (f) Within 550 flight hours after the effective date of this AD, replace the Gask-O-Seal in the coupling of the refuel/defuel shut-off valves by doing all the actions specified in the Accomplishment Instructions of Bombardier Alert Service Bulletin A601R-28-064, dated April 21, 2005. Parts Installation (g) As of the effective date of this AD, no person may install a Gask-O-Seal, part number 202297, on any airplane. Alternative Methods of Compliance (AMOCs) (h)(1) The Manager, New York Aircraft Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (i) Canadian airworthiness directive CF-2005-18, dated June 9, 2005, also addresses the subject of this AD.
 Issued in Renton, Washington, on October 18, 2005. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.


[FR Doc. 05-21435 Filed 10-26-05; 8:45 am] BILLING CODE 4910-13-P