[Federal Register Volume 63, Number 131 (Thursday, July 9, 1998)]
[Rules and Regulations]
[Pages 37063-37065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13404]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-03-AD; Amendment 39-10487]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-215-6B11 (CL-415 
Variant) 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 all Bombardier Model CL-215-6B11 (CL-415 Variant) 
series airplanes. This amendment requires revising the Airplane Flight 
Manual (AFM) to provide the flightcrew with procedures to address a 
temporary loss of battery bus power during engine failure and 
consequent erroneous indications of hydraulic system

[[Page 37064]]

pressure, brake pressure, rudder pressure, and rudder and elevator 
reversion to manual mode. This amendment is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified in this AD are intended 
to ensure that the flightcrew is advised of the potential hazard 
associated with a temporary loss of battery bus power during failure of 
the left engine or the left generator on the left engine and of the 
procedures necessary to address it.

DATES: Effective October 7, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 7, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before August 10, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-03-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, 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: Rodrigo J. Huete, Flight Test Pilot, 
Systems and Flight Test Branch, ANE-172, FAA, Engine and Propeller 
Directorate, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York 11581; telephone (516) 256-7518; 
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 all Bombardier Model CL-215-6B11 (CL-415 
Variant) series airplanes. TCA advises that the manufacturer discovered 
a design anomaly in the course of reviewing the differences between the 
CL-215 and CL-415 variants. This anomaly could result in a temporary 
loss of battery bus power during failure of the left engine or the left 
generator on the left engine and consequent erroneous indications of 
hydraulic system pressure, brake pressure, rudder pressure, and rudder 
and elevator reversion to manual mode. If the flightcrew receives such 
erroneous indications, they would lack appropriate procedures to 
address them. This condition, if not corrected, could result in the 
flightcrew taking inappropriate actions which may adversely affect the 
rudder and elevator control systems.

Explanation of Relevant Service Information

    Bombardier (formerly Canadair) has issued Canadair CL-415 Airplane 
Flight Manual (AFM) Temporary Revision No. 491/9, dated November 30, 
1995, which describes procedures to advise the flightcrew of the 
potential hazard associated with a temporary loss of battery bus power 
during failure of the left engine or the left generator on the left 
engine and of the procedures necessary to address it. TCA classified 
this temporary revision to the AFM as mandatory and issued Canadian 
airworthiness directive CF-96-02, dated January 25, 1996, in order to 
assure the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    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. 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 AD is being issued to ensure that the 
flightcrew is advised of the potential hazard associated with a 
temporary loss of battery bus power during failure of the left engine 
or the left generator on the left engine and of the procedures 
necessary to address it. This AD requires revising the Limitations and 
Emergency Procedures Sections of the AFM by incorporating the 
previously described temporary AFM revision to provide the flightcrew 
with procedures to address erroneous indications of hydraulic system 
pressure, brake pressure, rudder pressure, and rudder and elevator 
reversion to manual mode during engine failure.

Cost Impact

    None of the airplanes affected by this action are on the U.S. 
Register. All airplanes included in the applicability of this rule 
currently are operated by non-U.S. operators under foreign registry; 
therefore, they are not directly affected by this AD action. However, 
the FAA considers that this rule is necessary to ensure that the unsafe 
condition is addressed in the event that any of these subject airplanes 
are imported and placed on the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 1 work hour to 
accomplish the required AFM revision, at an average labor rate of $60 
per work hour. Based on these figures, the cost impact of this AD would 
be $60 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 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 any 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

[[Page 37065]]

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-03-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 
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 39-10487. Docket 98-
NM-03-AD.

    Applicability: All Bombardier Model CL-215-6B11 (CL-415 Variant) 
series airplanes, 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 (b) 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 ensure that the flightcrew is advised of the potential hazard 
associated with a temporary loss of battery bus power during failure 
of the left engine or the left generator on the left engine and of 
the procedures necessary to address it, accomplish the following:
    (a) Within 10 days after the effective date of this AD, revise 
the Limitations and Emergency Procedures Sections of the Canadair 
CL-415 Airplane Flight Manual (AFM) by inserting a copy of Canadair 
Temporary Revision No. 491/9, dated November 30, 1995, into the AFM 
to provide the flightcrew with procedures to address erroneous 
indications of hydraulic system pressure, brake pressure, rudder 
pressure, and rudder and elevator reversion to manual mode during 
engine failure.

    Note 2: When the temporary revision has been incorporated into 
general revisions of the AFM, the general revisions may be inserted 
into the AFM, provided the information contained in the general 
revision is identical to that specified in Canadair Temporary 
Revision No. 491/9.

    (b) 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 Aircraft Certification 
Office (ACO), FAA, Engine and Propeller Directorate. 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 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, New York ACO.

    (c) 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.
    (d) The AFM revision shall be done in accordance with Canadair 
CL-415 Airplane Flight Manual Temporary Revision No. 491/9, dated 
November 30, 1995. 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 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-96-02, dated January 25, 1996.

    (e) This amendment becomes effective on October 7, 1998.

    Issued in Renton, Washington, on May 14, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-13404 Filed 7-8-98; 8:45 am]
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