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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. FAA-2007-0262; Directorate Identifier 2007-NM-247-AD; Amendment 39-15370; AD 2008-03-19] 
          - RIN 2120-AA64 

# 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-600-2B19 aircraft fuel system * * *. 

The assessment showed that sealant has not been applied to bolts on the collector fuel tanks or the transfer ejector fuel pumps. Lack of sealant on the above-noted locations, if not corrected, could result in arcing and potential ignition source inside the fuel tank during lightning strikes and consequent fuel tank explosion. * * * 

We are issuing this AD to require actions to correct the unsafe condition on these products. 

# DATES:

This AD becomes effective March 17, 2008. 

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 17, 2008. 

# 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:

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:

## 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 December 3, 2007 (72 FR 67870). 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-600-2B19 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. 

The assessment showed that sealant has not been applied to bolts on the collector fuel tanks or the transfer ejector fuel pumps. Lack of sealant on the above-noted locations, 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 application of sealant to the bolts that attach various fittings on the collector fuel tanks, [an inspection for a fillet seal and if necessary application of fillet seal] to the edges of the transfer ejector pumps and [an inspection for sealant and if necessary application of sealant] to the bolts that attach the transfer ejector pump to the transfer ejector pump casing.

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 received no comments on the NPRM or on the determination of the cost to the public. 

## Conclusion 

We reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed. 

## 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 626 products of U.S. registry. We also estimate that it will take about 31 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 a negligible amount 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 $1,552,480, or $2,480 per product.                           ( print page 7662)    

## 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 

2. The FAA amends § 39.13 by adding the following new AD: 

**2008-03-19 Bombardier, Inc. (Formerly Canadair):**                             Amendment 39-15370. Docket No. FAA-2007-0262; Directorate Identifier 2007-NM-247-AD.                         

## Effective Date 

(a) This airworthiness directive (AD) becomes effective March 17, 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 7924; 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. 

The assessment showed that sealant has not been applied to bolts on the collector fuel tanks or the transfer ejector fuel pumps. Lack of sealant on the above-noted locations, 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 application of sealant to the bolts that attach various fittings on the collector fuel tanks, [an inspection for a fillet seal and if necessary application of fillet seal] to the edges of the transfer ejector pumps and [an inspection for sealant and if necessary application of sealant] to the bolts that attach the transfer ejector pump to the transfer ejector pump casing. 

## Actions and Compliance 

(f) Unless already done, do the following actions. 

(1) Within 5,000 flight hours after the effective date of this AD: For airplanes with serial numbers 7003 through 7067 and 7069 through 7797, apply sealant to bolts on the collector fuel tanks according to the Accomplishment Instructions of Bombardier Service Bulletin 601R-28-051, Revision A, dated March 30, 2005. 

(2) Within 5,000 flight hours after the effective date of this AD: For airplanes with serial numbers 7003 through 7067 and 7069 through 7924, do a general visual inspection of the left and right transfer ejector pumps for the presence of a fillet seal on the edge of the pumps and sealant on the bolts, according to the Accomplishment Instructions of Bombardier Service Bulletin 601R-28-060, Revision A, dated March 30, 2005. 

(3) If during the inspection required by paragraph (f)(2) of this AD any fillet seal is found missing from the edge of the transfer ejector pump or sealant is found missing from any of the bolts, prior to further flight, apply fillet seal and sealant as applicable to the affected areas according to the Accomplishment Instructions of Bombardier Service Bulletin 601R-28-060, Revision A, dated March 30, 2005. 

(4) Application of sealant prior to the effective date of this AD according to Bombardier Service Bulletin 601R-28-051, dated May 12, 2003, satisfies the requirements of paragraph (f)(1) of this AD. 

(5) Inspection and application of sealant and fillet seal prior to the effective date of this AD according to Bombardier Service Bulletin 601R-28-060, dated January 28, 2004, satisfy the corresponding requirements of paragraphs (f)(2) and (f)(3) 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: 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. 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                                   ( print page 7663)                                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-2007-17, dated September 4, 2007; and Bombardier Service Bulletins 601R-28-051 and 601R-28-060, both Revision A, both dated March 30, 2005; for related information. 

## Material Incorporated by Reference 

(i) You must use Bombardier Service Bulletin 601R-28-051, Revision A, dated March 30, 2005; and Bombardier Service Bulletin 601R-28-060, Revision A, dated March 30, 2005; as applicable; 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., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. 

                            (3) You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/​cfr/​ibr-locations.html.*

Issued in Renton, Washington, on January 31, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, Aircraft Certification Service.

 [FR Doc. E8-2343 Filed 2-8-08; 8:45 am] 

BILLING CODE 4910-13-P