[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Proposed Rules]
[Pages 42866-42868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20328]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-260-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 supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-600-2B19 (Regional Jet Series 100) series airplanes, that currently 
requires revising the Airplane Flight Manual (AFM) to require the 
flight crew to check, and reset, if necessary, certain instrument 
settings prior to each takeoff and after any event during which 
generators are switched. This action would add a new revision to the 
AFM and would revise the applicability of the existing AD. This action 
also would require modification of the air data reference systems. This 
proposal is prompted by issuance of mandatory continuing airworthiness 
information by a foreign civil airworthiness authority. The actions 
specified by the proposed AD are intended to prevent uncommanded 
changes in certain instrument settings on the pilot's and co-pilot's 
instrument displays, which could result in confusion among the flight 
crew about the correct position and flight configuration of the 
airplane.

DATES: Comments must be received by September 7, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98 NM-260-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: Peter Cuneo, Aerospace Engineer, 
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) 256-7506; 
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 98-NM-260-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-260-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

[[Page 42867]]

Discussion

    On October 1, 1996, the FAA issued AD 96-21-02, amendment 39-9778 
(61 FR 52688, October 8, 1996), applicable to certain Bombardier Model 
CL-600-2B19 (Regional Jet Series 100) series airplanes. That AD 
requires revision of the Airplane Flight Manual (AFM) to require the 
flight crew to check, and reset, if necessary, certain instrument 
settings prior to each takeoff and after any event during which 
generators are switched. That action was prompted by reports indicating 
that the co-pilot's air data reference system has intermittently failed 
following the switching of power between generators. The requirements 
of that AD are intended to prevent uncommanded changes in certain 
instrument settings on the co-pilot's instrument display, which, if not 
corrected, could result in confusion among the flight crew about the 
correct position and flight configuration of the airplane.

Actions Since Issuance of Previous Rule

    In the preamble of AD 96-21-02, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. The FAA now has determined that 
further rulemaking action is indeed necessary; this AD follows from 
that determination.
    Transport Canada Aviation (TCA), which is the airworthiness 
authority for Canada, has notified the FAA that the pilot's air data 
reference system also may experience uncommanded changes following 
power transfer to the air driven generator or auxiliary power unit 
generator in the event that the primary electrical power is lost. 
Following from that, the manufacturer has developed a modification that 
positively addresses the unsafe condition by replacing the existing air 
data reference panels (ARP) and air data computers (ADC) with new, 
improved ARP's and ADC's, respectively. The manufacturer also has 
indicated that this modification would be incorporated on subsequent 
airplanes before delivery.

Explanation of Relevant Service Information

    The manufacturer has issued Canadair Regional Jet Publication CSP 
A-012, Temporary Revision RJ/50-2, dated June 1, 1997. The temporary 
revision provides information for the flight crew concerning 
intermittent failures of the air data system resulting in uncommanded 
changes to the pilot's or co-pilot's flight instruments, and provides 
procedures for the flight crew to check and reset certain instrument 
settings as necessary.
    Bombardier also has issued Canadair Regional Jet Service Bulletin 
S.B. 601R-34-094, Revision `B,' dated November 14, 1997, which 
describes procedures for modification of the air data reference 
systems. The modification involves replacing the ARP's and the ADC's 
with new, improved ARP's and ADC's, respectively. Accomplishment of the 
actions specified in the service bulletin is intended to adequately 
address the identified unsafe condition. TCA classified this service 
bulletin as mandatory and issued Canadian airworthiness directive CF-
96-16R1, dated June 24, 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 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 AD 96-21-02 to 
continue to require revising the Limitations Section of the FAA-
approved AFM to require the flight crew to check, and reset, if 
necessary, certain instrument settings prior to each takeoff and after 
any event during which generators are switched.
    The proposed AD would add a new temporary revision to the 
Emergency, Normal, and Abnormal Procedures Sections and Supplements 4 
and 8 of the FAA-approved AFM to provide information for the flight 
crew concerning intermittent failures of the air data system resulting 
in uncommanded changes to the pilot's or co-pilot's flight instruments, 
and to provide procedures for the flight crew to check and reset 
certain instrument settings. This proposed AD also would limit the 
applicability of the existing AD to exclude certain airplanes on which 
the modification was accomplished during manufacture. This action also 
would require modification of the air data reference systems, which, 
when accomplished, would terminate the requirement for revising the 
AFM. The actions would be required to be accomplished in accordance 
with the service bulletin and temporary revision to the AFM described 
previously.

Cost Impact

    There are approximately 86 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The AFM revision that is currently required by AD 96-21-02, and is 
retained in this proposed AD, takes approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required AFM 
on U.S. operators is estimated to be $5,160, or $60 per airplane.
    The new AFM revision that is proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Based on these figures, the cost 
impact of the new AFM revision proposed by this AD on U.S. operators is 
estimated to be $5,160, or $60 per airplane.
    The new modification that is proposed in this AD action would take 
approximately 11 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would be provided by 
the manufacturer at no charge to the operators. Based on these figures, 
the cost impact of the modification proposed by this AD on U.S. 
operators is estimated to be $56,760, or $660 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or 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''

[[Page 42868]]

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 removing amendment 39-9778 (61 FR 
52688, October 8, 1996), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc.  (Formerly Canadair): Docket 98-NM-260-AD. 
Supersedes AD 96-21-02, Amendment 39-9778.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100) 
series airplanes, having serial numbers 7003 through 7207 inclusive; 
except those airplanes on which Canadair Regional Jet Service 
Bulletin S.B. 601R-34-094, Revision `B,' dated November 14, 1997, 
has been accomplished; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (d) 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 uncommanded changes in the settings on the pilot's 
and co-pilot's instrument displays, which could result in confusion 
among the flight crew about the correct position and flight 
configuration of the airplane, accomplish the following:

Restatement of the Requirements of AD 96-21-02, Amendment 39-9778

    (a) Within 3 days after October 15, 1996 (the effective date of 
AD 96-21-02, amendment 39-9778), revise the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to include the 
following statement. This may be accomplished by inserting a copy of 
this AD in the AFM.
    ``Prior to each takeoff and after any event during which 
generators are switched, check the settings of the barometric 
altimeter, altitude pre-selector, V-speed, and speed bug. If any 
discrepancy is detected, reset, as necessary.''

New Requirements of This AD

AFM Temporary Revision

    (b) Within 2 days after the effective date of this AD, revise 
the Emergency, Normal, and Abnormal Procedures Sections, and 
Supplements 4 and 8 of the FAA-approved AFM by inserting Canadair 
Regional Jet Publication CSP A-012, Temporary Revision RJ/50-2, 
dated June 1, 1997, into the applicable section of the AFM.

    Note 2: The AFM revisions required by paragraph (b) of this AD 
are accomplished by inserting a copy of the Temporary Revisions into 
the applicable section of the AFM. When these Temporary Revisions 
have been incorporated into the general revisions of the AFM, the 
general revisions may be inserted into the AFM, provided that the 
information contained in the general revisions is identical to that 
specified in the Temporary Revisions.

Replacement

    (c) Within 18 months after the effective date of this AD, modify 
the air data reference systems in accordance with Canadair Regional 
Jet Service Bulletin S.B. 601R-34-094, Revision `B,' dated November 
14, 1997. After accomplishment of the modification, the AFM 
revisions required by paragraphs (a) and (b) of this AD may be 
removed from the AFM.

Alternative Methods of Compliance

    (d) 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 New York ACO.

Special Flight Permits

    (e) 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-96-16R1, dated June 24, 1998.

    Issued in Renton, Washington, on July 30, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-20328 Filed 8-5-99; 8:45 am]
BILLING CODE 4910-13-U