[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Rules and Regulations]
[Pages 17672-17674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9340]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-05-AD; Amendment 39-10458]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-215-1A10 and CL-
215-6B11 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), that 
is applicable to certain Bombardier Model CL-215-1A10 and CL-215-6B11 
series airplanes. This amendment requires repetitive inspections to 
detect cracking on certain wing to fuselage frame-angles, and repair, 
if necessary. This amendment is prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The actions specified in this amendment are intended to 
detect and correct cracking in the wing to fuselage frame-angles, which 
could result in reduced structural integrity of the airframe.

DATES: Effective July 9, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of July 9, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before May 11, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-05-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this amendment may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087, Station Centreville, Montreal, Quebec H3C 3G9, Canada. This 
information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Engine and 
Propeller Directorate, New York Aircraft Certification Office, 10 Fifth 
Street, Third Floor, Valley Stream, New York; or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, Engine and Propeller 
Directorate, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York 11581; telephone (516) 256-7512; 
fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: Transport Canada Aviation (TCA), which is 
the airworthiness authority for Canada, notified the FAA that an unsafe 
condition may exist on certain Bombardier Model CL-215-1A10 and CL-215-
6B11 series airplanes. TCA advises that fatigue cracking has been found 
in the wing box, front spar, and lower cap area around wing station 51 
on three CL-215T airplanes. Such cracking has been attributed to metal 
fatigue caused by cyclic loading on the wing. Such cracking also may 
exist or develop on Bombardier Model CL-215-1A10 and CL-215-6B11 series 
airplanes, because they are similar in design to the CL-215T airplanes. 
Such cracking, if not corrected, could result in reduced structural 
integrity of the airframe.

Explanation of Relevant Service Information

    Bombardier has issued Canadair Alert Service Bulletin 215-A476, 
Revision 1, dated January 14, 1997, which describes procedures for 
repetitive eddy current inspections to detect cracking of wing to 
fuselage frame-angles, and repair, if necessary. The procedures involve 
inspecting the wing to fuselage frame-angles on the front and rear 
spars on CL-215-1A10 airplanes, and the wing to fuselage frame-angles 
on the front spar of CL-215-6B11 airplanes. TCA classified this alert 
service bulletin as mandatory and issued Canadian

[[Page 17673]]

airworthiness directive CF-97-07, dated May 28, 1997, in order to 
assure the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    These airplane models are manufactured in Canada and are 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. Pursuant to this 
bilateral airworthiness agreement, TCA has kept the FAA informed of the 
situation described above. The FAA has examined the findings of TCA, 
reviewed all available information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this amendment is being issued to detect and 
correct cracking in the wing to fuselage frame-angles, which could 
result in reduced structural integrity of the airframe. This amendment 
requires repetitive inspections to detect cracking on certain wing to 
fuselage frame-angles, and repair, if necessary. The actions are 
required to be accomplished in accordance with the service bulletin 
described previously, except as discussed below.

Differences Between This Rule and the Alert Service Bulletin

    Operators should note that, although the alert service bulletin 
specifies that the manufacturer may be contacted for disposition of 
repair conditions, this amendment requires that repair be accomplished 
in accordance with a method approved by the FAA.

Differences Between This Rule and the Foreign AD

    This amendment would differ from the parallel Canadian 
airworthiness directive in that it would not permit further flight 
after any cracking has been detected. The FAA has determined that, due 
to the safety implications and consequences associated with such 
cracking, any cracking in the wing to fuselage frame-angles must be 
repaired prior to further flight.

Cost Impact

    The FAA estimates that 1 airplane of U.S. registry will be affected 
by this amendment, that it will take approximately 2 work hours 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 
this amendment on U.S. operators is estimated to be $120 per airplane, 
per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the requirements of this 
amendment, and that no operator would accomplish those actions in the 
future if this amendment were not adopted.

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 requirements of this direct final rule address an unsafe 
condition identified by a foreign civil airworthiness authority and do 
not impose a significant burden on the affected operator. 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 amendment 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 
amendment 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-05-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 17674]]

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 adding the following new 
airworthiness directive:

Bombardier Inc. (Formerly Canadair): Amendment 39-10458. Docket 98-
NM-05-AD.

    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 detect and correct cracking in the wing to fuselage frame-
angles, which could result in reduced structural integrity of the 
airframe, accomplish the following:
    (a) Perform an eddy current inspection of the wing to fuselage 
frame angles on the front and rear spars (for Model CL-15-1A10 
series airplanes) or on the front spar (for Model CL-215-6B11 series 
airplanes), as applicable, at the later of the times specified in 
paragraphs (a)(1) and (a)(2) of this AD; in accordance with Canadair 
Alert Service Bulletin 215-A476, Revision 1, dated January 14, 1997. 
Thereafter, repeat the inspection at intervals not to exceed 415 
flight hours.
    (1) Prior to the accumulation of 2,300 total flight hours, or
    (2) Within 300 flight hours or 12 months after the effective 
date of this AD, whichever occurs first.
    (b) If any crack is found during any inspection required by 
paragraph (a) of this AD, prior to further flight, repair in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office (ACO), FAA, Engine and Propeller Directorate.
    (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, New York ACO. Operators shall 
submit their requests through an appropriate FAA Principal 
Maintenance Inspector, who may add comments and then send it to the 
Manager, New York ACO.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York 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 inspections shall be done in accordance with Canadair 
Alert Service Bulletin 215-A476, Revision 1, dated January 14, 1997. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Bombardier, Inc., Canadair, 
Aerospace Group, P.O. Box 6087, Station Centreville, Montreal, 
Quebec H3C 3G9, Canada. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Engine and Propeller Directorate, New 
York Aircraft Certification Office, 10 Fifth Street, Third Floor, 
Valley Stream, New York; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-97-07, dated May 28, 1997.

    (f) This amendment becomes effective on July 9, 1998.

    Issued in Renton, Washington, on April 3, 1998.
S.R. Miller,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-9340 Filed 4-9-98; 8:45 am]
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