[Federal Register: August 26, 2008 (Volume 73, Number 166)]
[
Proposed Rules]               
[Page 50254-50256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au08-17]                         



[[Page 50254]]



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DEPARTMENT OF TRANSPORTATION



Federal Aviation Administration



14 CFR Part 39



[Docket No. FAA-2008-0911; Directorate Identifier 2008-NM-115-AD]

RIN 2120-AA64



 
Airworthiness Directives; Bombardier Model CL-600-2C10 (Regional 

Jet Series 700, 701 & 702), CL-600-2D15 (Regional Jet Series 705), and 

CL-600-2D24 (Regional Jet Series 900) Airplanes



AGENCY: Federal Aviation Administration (FAA), DOT.



ACTION: Notice of proposed rulemaking (NPRM).



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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:



    There have been several incidents of shorting and sparks due to 

de-icing fluid ingress into the cockpit of CL-600-2C10 and CL-600-

2D24 aircraft. De-icing fluid can enter between the windshields and 

side windows, leading to possible damage to the electrical 

components and wires as it comes into contact with cockpit 

floodlight electrical connections.



De-icing fluid in contact with cockpit floodlight electrical 

connections can result in possible arcing and fire. 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 25, 

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: Wing Chan, Aerospace Engineer, Systems 

and Flight Test Branch, ANE-172, FAA, New York Aircraft Certification 

Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 

telephone (516) 228-7311; 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-2008-0911; 

Directorate Identifier 2008-NM-115-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-

2008-19, dated May 8, 2008 (referred to after this as ``the MCAI''), to 

correct an unsafe condition for the specified products. The MCAI 

states:



    There have been several incidents of shorting and sparks due to 

de-icing fluid ingress into the cockpit of CL-600-2C10 and CL-600-

2D24 aircraft. De-icing fluid can enter between the windshields and 

side windows, leading to possible damage to the electrical 

components and wires as it comes into contact with cockpit 

floodlight electrical connections.



De-icing fluid in contact with cockpit floodlight electrical 

connections can result in possible arcing and fire. The actions to 

address the unsafe condition include performing a leak test, applying 

sealant between the windshields and side windows, and doing related 

investigative and corrective actions. The related investigative action 

is performing a leak test after applying sealant. The related 

corrective action is contacting Bombardier for repair instructions and 

doing the repair. You may obtain further information by examining the 

MCAI in the AD docket.



Relevant Service Information



    Bombardier has issued Alert Service Bulletin A670BA-56-002, 

Revision A, dated February 26, 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 254 products of U.S. registry. We also estimate that 

it would take about 4 work-hours per product to comply with the basic 

requirements of this proposed AD. The average labor rate is $80 per 

work-hour. Based on these figures, we estimate the cost of the



[[Page 50255]]



proposed AD on U.S. operators to be $81,280, or $320 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.





Sec.  39.13  [Amended]



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



Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2008-0911; 

Directorate Identifier 2008-NM-115-AD.



Comments Due Date



    (a) We must receive comments by September 25, 2008.



Affected ADs



    (b) None.



Applicability



    (c) This AD applies to Bombardier Model CL-600-2C10 (Regional 

Jet Series 700, 701 & 702) airplanes, serial numbers 10003 through 

10216 inclusive; and Model CL-600-2D15 (Regional Jet Series 705) and 

CL-600-2D24 (Regional Jet Series 900) airplanes, serial numbers 

15001 through 15040 inclusive; certificated in any category.



Subject



    (d) Air Transport Association (ATA) of America Code 56: Windows.



Reason



    (e) The mandatory continuing airworthiness information (MCAI) 

states:



    There have been several incidents of shorting and sparks due to 

de-icing fluid ingress into the cockpit of CL-600-2C10 and CL-600-

2D24 aircraft. De-icing fluid can enter between the windshields and 

side windows, leading to possible damage to the electrical 

components and wires as it comes into contact with cockpit 

floodlight electrical connections.



De-icing fluid in contact with cockpit floodlight electrical 

connections can result in possible arcing and fire. The actions to 

address the unsafe condition include performing a leak test, 

applying sealant between the windshields and side windows, and doing 

related investigative and corrective actions. The related 

investigative action is performing a leak test after applying 

sealant. The related corrective action is contacting Bombardier for 

repair instructions and doing the repair.



Actions and Compliance



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

    (1) Within 450 flight hours after the effective date of this AD: 

Perform a leak test in accordance with Part A of the Accomplishment 

Instructions of Bombardier Alert Service Bulletin A670BA-56-002, 

Revision A, dated February 26, 2008.

    (2) If leakage is detected in the leak test performed in 

accordance with paragraph (f)(1) of this AD: Prior to further 

flight, apply sealant between the windshields and side windows and 

do all applicable related investigative and corrective actions in 

accordance with Part B of the Accomplishment Instructions of 

Bombardier Alert Service Bulletin A670BA-56-002, Revision A, dated 

February 26, 2008. Do all applicable related investigative and 

corrective actions before further flight.

    (3) If there is no leakage detected in the leak test performed 

in accordance with paragraph (f)(1) of this AD: Within 6 months or 

2,000 flight hours after the effective date of this AD, whichever 

comes first, apply sealant between the windshields and side windows 

and do all applicable related investigative and corrective actions 

before further flight in accordance with Part B of the 

Accomplishment Instructions of Bombardier Alert Service Bulletin 

A670BA-56-002, Revision A, dated February 26, 2008. Do all 

applicable related investigative and corrective actions before 

further flight.

    (4) A leak test and application of sealant are also acceptable 

for compliance with the requirements of paragraphs (f)(1), (f)(2), 

and (f)(3) of this AD if done before the effective date of this AD 

in accordance with Bombardier Alert Service Bulletin A670BA-56-002, 

dated January 7, 2008.



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: Wing Chan, Aerospace 

Engineer, Systems and Flight Test Branch, ANE-172, FAA, New York 

Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone (516) 228-7311; 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 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-2008-19, 

dated May 8, 2008; and Bombardier Alert Service Bulletin A670BA-56-

002, Revision A, dated February 26, 2008; for related information.





[[Page 50256]]





    Issued in Renton, Washington, on August 18, 2008.

Ali Bahrami,

Manager, Transport Airplane Directorate, Aircraft Certification 

Service.

[FR Doc. E8-19717 Filed 8-25-08; 8:45 am]

BILLING CODE 4910-13-P