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 August 19, 2008 (73 FR 48312). 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.
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 couplingsare 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.
Revision to Service Bulletin Information
Since the NPRM was issued, we have received Revision F of Bombardier Service Bulletin 601R-28-055, dated May 27, 2008. We referred to Bombardier Service Bulletin 601R-28-055, Revision E, dated March 17, 2008, as the appropriate source of service information for accomplishing the actions proposed in the NPRM. Revision F of Bombardier Service Bulletin 601R-28-055 changes Figure 7 in the Accomplishment Instructions and also includes small editorial changes that do not affect the technical content of the service bulletin. We have revised paragraphs (f)(1) and (f)(2) of this AD to refer to Revision F of Bombardier Service Bulletin 601R-28-055, and we have added paragraph (f)(3) of this AD to give credit for actions done before the effective date of this AD in accordance with Revision E of Bombardier Service Bulletin 601R-28-055.
Comments
We gave the public the opportunity to participate in developing this AD. We considered the comments received.
Request To Revise the Costs of Compliance Section
Air Wisconsin states that the service information does not discuss warranty consideration for parts needed to do the modification proposed in the NPRM, and requests that we amend the Costs of Compliance section of the NPRM to reflect the cost of kits at $427 per airplane.
We agree to revise the Costs of Compliance section to reflect the parts cost. The cost per product and fleet cost have increased accordingly.
Request To Allow Credit for Prior Service Bulletin Revision
Air Wisconsin states that Revision D of Bombardier Service Bulletin 601R-28-055, dated July 17, 2006, added a statement to modify both sides of the airplane, and requests that we revise the NPRM to give credit for actions performed according to Revision D of the service bulletin. Air Wisconsin notes that Canadian Airworthiness Directive CF- 2007-34 allows compliance with Bombardier Service Bulletin 601R-28-055, Revision D.
We agree with Air Wisconsin to give credit for Revision D of Bombardier Service Bulletin 601R-28-055, and have revised paragraph (f)(3) of this AD accordingly. We have also revised Table 1 of this AD to remove the restriction on Revision D of Bombardier Service Bulletin 601R-28-055. In addition, we have removed Note (1) from the NPRM and therefore Note (2) of the NPRM becomes Note 1 of this AD. Note (2) is also revised to remove the difference for Revision D of Bombardier Service Bulletin 601R-28-055.
Conclusion
We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting the AD with the changes described previously. We determined that these changes 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.
Costs of Compliance
We estimate that this AD will affect about 686 products of U.S. registry. We also estimate that it will take about 18 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 about $427 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 $1,280,762, or $1,867 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 inmore 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 certifythis 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD: