[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Proposed Rules]
[Pages 16366-16368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8330]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-370-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: This document proposes the supersedure of an existing 
amendment, applicable to certain Bombardier Model CL-215-1A10 and CL-
215-6B11 series airplanes, that currently requires repetitive 
inspections to detect cracking on certain wing to fuselage frame-
angles, and repair, if necessary. This action would continue to require 
the same inspections. This proposal is prompted by an adverse comment 
received in response to the existing amendment. The actions specified 
by the proposed AD 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: Comments must be received by May 5, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-370-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.

    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Franco Pieri, 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) 256-7526; 
fax (516) 256-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.

    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.

    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-370-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 98-NM-370-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

[[Page 16367]]

Discussion

    On April 3, 1998, the FAA issued amendment 39-10458 (issued as a 
direct final rule), which was published in the Federal Register on 
April 10, 1998 (63 FR 17672). [A correction of the direct final rule 
was published in the Federal Register on May 4, 1998 (63 FR 24389).] 
That amendment is applicable to certain Bombardier Model CL-215-1A10 
and CL-215-6B11 series airplanes. It requires repetitive inspections to 
detect cracking on certain wing to fuselage frame-angles, and repair, 
if necessary. That action was prompted by issuance of mandatory 
continuing airworthiness information by a foreign civil airworthiness 
authority. The requirements of that action are intended to detect and 
correct cracking in the wing to fuselage frame-angles, which could 
result in reduced structural integrity of the airframe.

Comments Received in Response to Direct Final Rule

    In response to the direct final rule, the FAA has received adverse 
comments. As specified in the preamble of the direct final rule, the 
FAA uses the direct final rule procedure for non-controversial rules 
for which the FAA anticipates that it will receive no adverse public 
comments. The direct final rule advised the public that unless a 
written adverse comment, or a written notice of intent to submit such 
an adverse comment, was received within the comment period, the 
regulation would become effective on July 9, 1998.

Disposition of Comments

    The commenter states that a reference (found in the ``Supplementary 
Information'' section of the preamble of the direct final rule) to 
cracking on Model CL-215T airplanes is incorrect, and that the correct 
reference is Model CL-215-6B11 series airplanes. The FAA acknowledges 
that cracking was found on three Model CL-215-6B11 (CL-215T Variant) 
series airplanes. However, the ``Supplementary Information'' section of 
the direct final rule does not reappear in this proposed rule; 
therefore, no change to this proposed rule is necessary in this regard.

    The commenter also points out that the parallel Canadian 
airworthiness directive (CF-97-07) does not permit further flight after 
cracking has been found. The ``Differences Between This Rule and the 
Foreign AD'' section of the direct final rule implies that the 
referenced Canadian airworthiness directive does allow further flight 
following a finding of cracking. The FAA concurs that this section need 
not have appeared in the direct final rule. Canadian airworthiness 
directive CF-97-07, dated May 28, 1997, indicates that if inspection 
results exceed the acceptance criteria in paragraph 2.D(7) of the 
referenced alert service bulletin, the manufacturer should be contacted 
for disposition before further flight.

Relevant Service Information

    The manufacturer has issued Bombardier Alert Service Bulletin 215-
A476, Revision 3, dated August 21, 1998, which describes procedures for 
an eddy current inspection to detect cracking of the fuselage frame 
angles at the wing front and rear spar attachment to the fuselage. 
Transport Canada Aviation (TCA), which is the airworthiness authority 
for Canada, classified this alert service bulletin as mandatory and 
issued Canadian airworthiness directive CF-97-07R1, dated September 30, 
1998, 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 the 
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 Proposed 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, the proposed AD would supersede amendment 39-
10458, described previously, to continue to require repetitive 
inspections to detect cracking on certain wing to fuselage frame-
angles, and repair, if necessary. The inspections would be required to 
be accomplished in accordance with the alert service bulletin described 
previously. The repair would be required to be accomplished in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office, FAA, Engine and Propeller Directorate.

Cost Impact

    The FAA estimates that 1 airplane of U.S. registry would be 
affected by this proposed AD. It would take approximately 2 work hours 
per airplane to accomplish the proposed actions, at an average labor 
rate of $60 per work hour. Based on these figures, the cost impact of 
this proposed AD 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 proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

    For the reasons discussed above, I certify that 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) 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 the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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:


[[Page 16368]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-10458 (63 FR 
17672, April 10, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier Inc. (Formerly Canadair): Docket 98-NM-370-AD.

    Applicability: Model CL-215-1A10 and CL-215-6B11 series 
airplanes, serial numbers 1001 through 1125 inclusive, 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 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 to detect cracking of the 
fuselage frame angles at the wing front and rear spar attachment to 
the fuselage at the later of the times specified in paragraphs 
(a)(1) and (a)(2) of this AD; in accordance with Bombardier Alert 
Service Bulletin 215-A476, Revision 3, dated August 21, 1998. 
Thereafter, repeat the inspection at intervals not to exceed 415 
flight hours.
    (1) Prior to the accumulation of 2,300 total flight hours.
    (2) Within 150 flight hours or 4 months after the effective date 
of this AD, whichever occurs first.

    Note 2: Accomplishment of the eddy current inspections of the 
lower surfaces of the frame angles conducted in accordance with 
Bombardier Alert Service Bulletin ASB 215-A476, Revision 1, dated 
January 14, 1997, or ASB 215-A476, Revision 2, dated June 15, 1998, 
prior to the effective date of this AD is considered to be 
acceptable for compliance with the requirements of paragraph (a) of 
this AD for that area only.

    (b) If the results of any inspection required by paragraph (a) 
of this AD are outside the limits specified in paragraph 2.C.(7) of 
Bombardier Alert Service Bulletin ASB 215-A476, Revision 3, dated 
August 21, 1998: 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 3: 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.

    Note 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-97-07R1, dated September 30, 1998.

    Issued in Renton, Washington, on March 30, 1999.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-8330 Filed 4-2-99; 8:45 am]
BILLING CODE 4910-13-U