48312 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0888; Directorate 

Identifier 2008–NM–084–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

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 new fuel tank 

safety standards, * * *. 

This assessment showed that there is 

insufficient electrical bonding for lightning 

protection at certain locations inside the fuel 

tanks. In addition, the assessment also 

revealed that existing bonding jumpers across 

self-bonded couplings are not required. 

Insufficient electrical bonding, if not 

corrected, could result in arcing and 

potential ignition source inside the fuel tank 

during lightning strikes and consequent fuel 

tank explosion. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by September 18, 

2008. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M–

30, West Building Ground Floor, Room 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: 

Mazdak Hobbi, 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) 228–7330; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0888; Directorate Identifier 

2008–NM–084–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Airworthiness Directive CF–2007–34, 

dated December 21, 2007 (referred to 

after this as ‘‘the MCAI’’), 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 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. 

This assessment showed that there is 

insufficient electrical bonding for lightning 

protection at certain locations inside the fuel 

tanks. In addition, the assessment also 

revealed that existing bonding jumpers across 

self-bonded couplings are not required. 

Insufficient electrical bonding, 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 

certain bonding jumpers inside the fuel 

tanks. 

Corrective actions include, for certain 

airplanes, a general visual inspection to 

determine if the modification has been 

done on both sides of the airplane. You 

may obtain further information by 

examining the MCAI in the AD docket. 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 

requires certain type design (i.e., type 

certificate (TC) and supplemental type 

certificate (STC)) holders to substantiate 

that their fuel tank systems can prevent 

ignition sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 


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Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 48313 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 601R–28–055, Revision E, 

dated March 17, 2008. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

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 proposed 

different actions in this AD from those 

in the MCAI in order to follow FAA 

policies. Any such differences are 

highlighted in a NOTE within the 

proposed AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 686 products of U.S. 

registry. We also estimate that it would 

take about 18 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $0 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 costs. 

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 the proposed AD on U.S. 

operators to be $987,840, or $1,440 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 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. 

For the reasons discussed above, I 

certify this 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. 

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 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc. (Formerly Canadair):

Docket No. FAA–2008–0888; Directorate 

Identifier 2008–NM–084–AD. 

Comments Due Date 

(a) We must receive comments by 

September 18, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier Model 

CL–600–2B19 (Regional Jet Series 100 & 440) 

airplanes, serial numbers 7003 through 7067, 

and 7069 through 7929, 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–600–2B19 

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 non-compliances were 

assessed using Transport Canada Policy 

Letter No. 525–001 to determine if mandatory 

corrective action is required. 

This assessment showed that there is 

insufficient electrical bonding for lightning 

protection at certain locations inside the fuel 

tanks. In addition, the assessment also 

revealed that existing bonding jumpers across 

self-bonded couplings are not required. 

Insufficient electrical bonding, 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 

certain bonding jumpers inside the fuel 

tanks. 

Corrective actions include, for certain 

airplanes, a general visual inspection to 

determine if the modification has been done 

on both sides of the airplane. 

Actions and Compliance 

(f) Unless already done: Within 5,000 flight 

hours after the effective date of this AD, do 

the following actions. 


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48314 Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Proposed Rules 

(1) For airplanes on which none of the 

Bombardier service bulletins identified in 

Table 1 of this AD have been incorporated as 

of the effective date of this AD: Modify the 

fuel tank bonding jumpers inside the wing 

and center fuel tanks in accordance with Part 

A of the Accomplishment Instructions of 

Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008. 

TABLE 1—SERVICE BULLETINS

Bombardier Service Bulletin Revision Date 

601R–28–055 ........................................................................ Original ................................................................................. May 4, 2004. 

601R–28–055 ........................................................................ A ........................................................................................... February 14, 2005. 

601R–28–055 ........................................................................ B ........................................................................................... September 14, 2005. 

601R–28–055 ........................................................................ C ........................................................................................... January 9, 2006. 

601R–28–055 ........................................................................ D ........................................................................................... July 17, 2006. 

(2) For airplanes on which any Bombardier 

service bulletin identified in Table 1 of this 

AD has been incorporated as of the effective 

date of this AD: Do a general visual 

inspection of the inside of the wing and 

center fuel tanks to determine if the actions 

in Part A of the Accomplishment Instructions 

of Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008, have been 

done on both sides of the airplane. If Part A 

of the service bulletin has not been done on 

either side of the airplane, before further 

flight, do the actions specified in Part A of 

the Accomplishment Instructions of 

Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008, for the 

side of the airplane on which Part A of the 

service bulletin has not been done. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: 

(1) The Accomplishment Instructions of 

Bombardier Service Bulletin 601R–28–055, 

Revision E, dated March 17, 2008, do not 

specify corrective actions if Revision D, dated 

July 17, 2006, of the service bulletin was 

incorporated. This AD refers to incorporation 

of Revision E of the service bulletin for the 

actions specified in paragraph (f)(2) of this 

AD. Revision E specifies inspecting to 

determine if the modification is done on both 

sides of the airplane. 

(2) The MCAI specifies that the 

modification must be done on all airplanes 

in accordance with Bombardier Service 

Bulletin 601R–28–055, Revision D, dated July 

17, 2006, and that accomplishing the original 

issue, dated May 4, 2004; Revision A, dated 

February 14, 2005; and Revision B, dated 

September 14, 2005; of the service bulletin 

does not satisfy the requirements. This AD 

requires doing the modification on airplanes 

on which Revision D or any earlier issue of 

the service bulletin has not been done. For 

airplanes on which Revision D or any earlier 

issue of the service bulletin has been done, 

this AD requires inspecting to determine if 

the modification is done on both sides of the 

airplane and modifying the airplane if the 

modification was not done on both sides. 

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: Mazdak Hobbi, 

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) 228–7330; 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 FAAapproved 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–2007–34, dated December 21, 

2007; and Bombardier Service Bulletin 601R–

28–055, Revision E, dated March 17, 2008; 

for related information. 

Issued in Renton, Washington, on August 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19167 Filed 8–18–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0892; Directorate 

Identifier 2008–CE–049–AD] 

RIN 2120–AA64 

Airworthiness Directives; Maule 

Aerospace Technology, Inc. 

Models M–4, M–5, M–6, M–7, and M–8 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Maule Aerospace Technology, Inc. 

Models M–4, M–5, M–6, M–7, and 

M–8 series airplanes. This proposed AD 

would require you to paint the top of 

the rear elevator control horn, the 

elevator control cable end attached to 

the top of the rear control horn, the 

bottom of the forward elevator control 

horn, and the elevator control cable end 

attached to the bottom of the forward 

control. This proposed AD would also 

require you to insert a supplement into 

your maintenance program 

(maintenance manual). This proposed 

AD results from two reports of accidents 

where reversed elevator control rigging 

was a factor. We are proposing this AD 

to reduce the likelihood of a mechanic 

rigging the elevator controls backwards, 

which could result in elevator 

movement in the opposite direction 

from control input. This condition 

could lead to loss of control. 

DATES: We must receive comments on 

this proposed AD by October 20, 2008. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 


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