[Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
[Rules and Regulations]
[Pages 14804-14806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8095]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-21-AD; Amendment 39-10425]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B16 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to certain Bombardier Model CL-600-2B16 series 
airplanes, that currently requires disabling the remote fuel/defuel 
panel in the cockpit; and provides for an optional modification of the 
remote fuel/defuel panel, which would terminate the requirement to 
disable the panel. This amendment reduces the applicability of the 
existing AD. This amendment is prompted by reports of in-flight failure 
of the panel that resulted when a circuit breaker on a battery bus 
opened due to insufficient current flow capacity. The actions specified 
in this amendment are intended to prevent the circuit breakers from 
opening during flight, which could result in irreversible loss of 
engine indicating and fuel quantity systems in the cockpit.

DATES: Effective June 25, 1998.
    The incorporation by reference of certain publications listed in 
the regulations was approved previously by the Director of the Federal 
Register on December 23, 1997 (62 FR 64519, December 8, 1997).
    Comments for inclusion in the Rules Docket must be received on or 
before April 27, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-21-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Bombardier Aviation Services, 1255 East Aeropark Boulevard, Tucson, 
Arizona 85706. This information may be examined at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at 
the FAA, Transport Airplane Directorate, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, California; 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Brett Portwood, Aerospace Engineer, 
Systems and Equipment Branch, ANM-130L, FAA, Transport Airplane 
Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount 
Boulevard, Lakewood, California 90712; telephone (562) 627-5350; fax 
(562) 627-5210.

SUPPLEMENTARY INFORMATION: On December 1, 1997, the FAA issued AD 97-
25-11, amendment 39-10235 (62 FR 64519, December 8, 1997), applicable 
to certain Bombardier Model CL-600-2B16 series airplanes. That action 
requires disabling the remote fuel/defuel panel in the cockpit, and 
provides for an optional modification of the remote fuel/defuel panel, 
which would terminate the requirement to disable the panel. That action 
was prompted by reports of in-flight failure of the panel that resulted 
when a circuit breaker on a battery bus opened due to insufficient 
current flow capacity. The actions required by that AD are intended to 
prevent the circuit breakers from opening during flight, which could 
result in irreversible loss of engine indicating and fuel quantity 
systems in the cockpit.

Actions Since Issuance of Previous Rule

    The applicability of the existing AD specifies that the AD applies 
to Model CL-600-2B16 series airplanes that have been modified in 
accordance with Supplemental Type Certificate SA6003NM. However, since 
the

[[Page 14805]]

issuance of the existing AD, the FAA has discovered that the only 
airplanes affected by the AD are those listed in the service bulletins 
referred to in the existing action (Bombardier Service Bulletins SB 
TUS-28-20-02-1 and SB TUS-28-20-02, both dated November 13, 1997). In 
light of this, the FAA finds that certain airplanes affected by the 
existing AD should be removed from the applicability. The applicability 
of this AD has been revised to specify the serial numbers of the 
affected airplanes.

U.S. Type Certification of the Airplane

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of this same type design, this AD 
revises AD 97-25-11 to continue to require disabling the remote fuel/
defuel panel in the cockpit; and to continue to provide for an optional 
modification of the remote fuel/defuel panel in the cockpit, which 
would terminate the requirement to disable the panel. This amendment 
reduces the applicability of the existing AD. The actions are required 
to be accomplished in accordance with the service bulletins referenced 
previously.

Cost Impact

    Since this amendment merely revises the applicability of the 
existing AD, it adds no additional costs, and requires no additional 
work to be performed by affected operators. The current costs 
associated with this amendment are reiterated in their entirety (as 
follows) for the convenience of affected operators:
    The FAA estimates that 14 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required actions, and that the average labor 
rate is $60 per work hour. Based on these figures, the cost impact of 
the AD on U.S. operators is estimated to be $840, or $60 per airplane. 
This new amendment adds no new costs to affected operators.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this AD 
action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.
    Should an operator elect to accomplish the optional terminating 
action that would be provided by this AD action, it would take 
approximately 200 work hours to accomplish it, at an average labor rate 
of $60 per work hour. Required parts would be provided by the 
manufacturer at no cost to operators. Based on these figures, the cost 
impact of the optional terminating action would be $12,000 per 
airplane.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and, therefore, is issuing it as a direct final 
rule. The only change effecting this revision is the limitation of the 
applicability of the existing AD. The date for compliance with the 
requirements of the existing rule has passed, and the FAA has already 
addressed requests from operators for approval of alternative methods 
of compliance. Therefore, the FAA does not anticipate receiving 
additional comments regarding this regulation.
    In accordance with 14 CFR 11.17, unless a written adverse or 
negative comment, or a written notice of intent to submit an adverse or 
negative comment, is received within the comment period, the regulation 
will become effective on the date specified above. After the close of 
the comment period, the FAA will publish a document in the Federal 
Register indicating that no adverse or negative comments were received; 
at that time, the AD number will be specified, and the date on which 
the final rule will become effective will be confirmed. If the FAA does 
receive, within the comment period, a written adverse or negative 
comment, or written notice of intent to submit such a comment, a 
document withdrawing the direct final rule will be published in the 
Federal Register, and a notice of proposed rulemaking may be published 
with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and an opportunity for public comment, comments are 
invited on this rule. Interested persons are invited to comment on this 
rule by submitting such written data, views, or arguments as they may 
desire. Communications shall identify the Rules Docket number and be 
submitted in triplicate to the address specified under the caption 
ADDRESSES. All communications received on or before the closing date 
for comments will be considered, and this rule may be amended in light 
of the comments received. Factual information that supports the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of the AD action and determining whether additional 
rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-21-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have substantial direct 
effects 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For reasons 
discussed in the preamble, I certify that this regulation (1) is not a 
``significant regulatory action'' under Executive Order 12866; (2) is 
not a ``significant rule'' under DOT Regulatory Policies and Procedures 
(44 FR 11034, February 26, 1979); and (3) if promulgated, 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. A copy of it may be obtained from the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the

[[Page 14806]]

Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by removing amendment 39-10235 (62 FR 
64519, December 8, 1997), and by adding a new airworthiness directive 
(AD), amendment 39-10425, to read as follows:

Bombardier Inc.  (Formerly Canadair): Amendment 39-10425. Docket 98-
NM-21-AD. Revises AD 97-25-11, Amendment 39-10235.
    Applicability: Model CL-600-2B16 series airplanes, serial 
numbers 5113, 5117, 5127, 5134, 5136, 5144, 5150, 5151, 5166, 5174, 
5175, 5176, 5179, and 5188; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent the circuit breakers on the battery bus from opening 
during flight, which could result in irreversible loss of engine 
indicating and fuel quantity systems in the cockpit, accomplish the 
following:
    (a) Within 5 days after December 23, 1997 (the effective date of 
AD 97-25-11, amendment 39-10235), disable the remote fuel/defuel 
panel, in accordance with Bombardier Service Bulletin SB TUS-28-20-
02-1, dated November 13, 1997.
    (b) Modification of the remote fuel/defuel panel in accordance 
with Bombardier Service Bulletin SB TUS-28-20-02, dated November 13, 
1997, permits the remote fuel-defuel panel to be enabled, and 
constitutes terminating action for the requirements of paragraph (a) 
of this AD.
    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA, Transport Airplane Directorate. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, Los Angeles ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (e) The actions shall be done in accordance with Bombardier 
Service Bulletin SB TUS-28-20-02-1, dated November 13, 1997; or 
Bombardier Service Bulletin SB TUS-28-20-02, dated November 13, 
1997. This incorporation by reference was approved previously by the 
Director of the Federal Register as of December 23, 1997 (62 FR 
64519, December 8, 1997). Copies may be obtained from Bombardier 
Aviation Services, 1255 East Aeropark Boulevard, Tucson, Arizona 
85706. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Transport Airplane Directorate, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (f) This amendment becomes effective on June 25, 1998.

    Issued in Renton, Washington, on March 23, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-8095 Filed 3-26-98; 8:45 am]
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