[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Rules and Regulations]
[Pages 27416-27419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11183]


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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 <a href="/cdn-cgi/l/email-protection#52263a367c312038123337203d7c303d3f303320363b37207c313d3f"><span class="__cf_email__" data-cfemail="ed998589c38e9f87ad8c889f82c38f82808f8c9f8984889fc38e8280">[email protected]</span></a>; 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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