[Federal Register Volume 64, Number 134 (Wednesday, July 14, 1999)]
[Proposed Rules]
[Pages 37913-37914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17862]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-34-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100) Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100) series airplanes. This proposal would require 
revising the Airplane Flight Manual to provide the flightcrew with 
modified procedures and limitations for operating in icing conditions. 
This proposal is prompted by an accident report indicating that 
possible accretion of ice on the wings of the airplane, due to the wing 
anti-ice system not being activated by the flightcrew, could have 
contributed to the source of the accident. The actions specified by the 
proposed AD are intended to prevent undetected accretion of ice on the 
wings, which could result in reduced controllability of the airplane 
during normal icing conditions.

DATES: Comments must be received by August 13, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-34-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 A, 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: Rodrigo J. Huete, 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:

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 99-NM-34-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.99-NM-34-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056.

Discussion

    On December 6, 1997, an accident occurred on a Model CL-600-2B19 
(Regional Jet Series 100) series airplane. The Canadian Transportation 
Safety Board (CTSB) report indicated that possible accretion of ice on 
the wings due to the wing anti-ice system not

[[Page 37914]]

being activated by the flightcrew could have contributed to the source 
of the accident. Investigation revealed that the procedure in the 
Canadair Regional Jet Airplane Flight Manual (AFM) that was in effect 
at the time of the accident specified that the wing anti-ice system be 
activated when ice was detected by the ice detection system. Upon 
further analysis and validation, it was determined that ``icing 
conditions'' (defined in the AFM) should be used as the primary means 
for the flightcrew to determine when to activate the wing anti-ice 
system below 22,000 feet mean sea level (MSL), and that ice detectors 
should be used only as a backup. Undetected accretion of ice on the 
wings could result in reduced controllability of the airplane during 
normal icing conditions.

Explanation of Service Information

    Canadair Regional Jet Temporary Revision (TR) RJ/61-2, dated 
October 30, 1998, was issued in order to assure the continued 
airworthiness of these airplanes in Canada. That TR describes 
procedures for amending the Limitations, Normal Procedures, and 
Emergency Procedures sections of the AFM to provide the flightcrew with 
modified procedures and limitations for operating in icing conditions.

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 
Sec. 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement.

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, this proposed AD would require revising the 
Limitations, Normal, and Emergency Procedures sections of the FAA-
approved AFM to provide the flightcrew with modified procedures and 
limitations for operating in icing conditions. The actions would be 
required to be accomplished in accordance with the service information 
described previously.

Cost Impact

    The FAA estimates that 133 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed AFM revision, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the AFM revision proposed by this AD on U.S. operators 
is estimated to be $7,980, or $60 per airplane.
    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:

    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): Docket 99-NM-34-AD.

    Applicability: All Model CL-600-2B19 (Regional Jet Series 100) 
series airplanes, certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent undetected accretion of ice on the wings, which could 
result in reduced controllability of the airplane during normal 
icing conditions, accomplish the following:

AFM Revision

    (a) Within 10 days after the effective date of this AD: Revise 
the FAA-approved Canadair Regional Jet Airplane Flight Manual (AFM) 
by inserting a copy of the pages specified in paragraphs (a)(1), 
(a)(2), and (a)(3) of this AD into the AFM.
    (1) Revise the Limitations Section to include pages 2 and 3 of 
Canadair Regional Jet Temporary Revision (TR) RJ/61-2, dated October 
30, 1998.
    (2) Revise the Emergency Procedures Section to include pages 4 
through 6 inclusive of Canadair Regional Jet TR RJ/61-2, dated 
October 30, 1998.
    (3) Revise the Normal Procedures Section to include pages 7 
through 27 inclusive of Canadair Regional Jet TR RJ/61-2, dated 
October 30, 1998.

Alternative Methods of Compliance

    (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 
Operations Inspector, who may add comments and then send it to the 
Manager, New York ACO.

    Note 1: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

Special Flight Permits

    (c) Special flight permits may be issued in accordance with 
Secs. 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.

    Issued in Renton, Washington, on July 7, 1999.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-17862 Filed 7-13-99; 8:45 am]
BILLING CODE 4910-13-U