[Federal Register Volume 65, Number 25 (Monday, February 7, 2000)]
[Rules and Regulations]
[Pages 5745-5746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2412]



[[Page 5745]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-34-AD; Amendment 39-11552; AD 2000-02-34]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Bombardier Model CL-600-2B19 (Regional Jet Series 
100) series airplanes, that requires revising the Airplane Flight 
Manual to provide the flightcrew with modified procedures and 
limitations for operating in icing conditions. This amendment 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 this 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: Effective March 13, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 13, 2000.

ADDRESSES: 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket No. 99-NM-34-AD, 
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, 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100) series airplanes was published in the Federal 
Register on July 14, 1999 (64 FR 37913). That action proposed to 
require revising the Airplane Flight Manual to provide the flightcrew 
with modified procedures and limitations for operating in icing 
conditions.
    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request To Review Appendix C Icing Envelope

    One commenter states its understanding that the use of 22,000 feet 
as a limitation to conduct certain procedures is related to the maximum 
altitude limit of the icing envelope specified in Appendix C of 14 CFR 
part 25. The commenter requests that the icing envelope of Appendix C 
be reviewed for its applicability to current flight operations, and, if 
necessary, expanded to ensure that all aircraft types are properly 
certificated to operate in icing conditions typically encountered 
during line operations. The commenter questions the overall suitability 
of Appendix C for certification of aircraft because it is based upon 
operational data collected over 50 years ago.
    The FAA partially concurs. The FAA is considering redefining the 
icing cloud envelopes for the global atmospheric icing environment 
specified in Appendix C. When sufficient worldwide meteorological 
information and means are available to demonstrate that airplanes are 
able to safely operate in the redefined icing environment, the FAA may 
consider action in this regard. However, this AD is not the appropriate 
context in which to address that issue. Therefore, no change to this 
final rule is necessary.

Request To Require Operational Check Prior to Every Flight

    The same commenter recommends that a provision be included in the 
proposed AD to conduct an operational check of the ice detection system 
prior to every flight versus prior to the first flight of the day. The 
commenter states that, if the procedures of the proposed AD are 
implemented, a greater reliance on the ice detection system will be 
necessary. The commenter suggests that this functional check prior to 
every flight would provide an additional level of safety below 22,000 
feet and would provide the flightcrew a positive means to determine 
whether the system is operating properly and permit them to be more 
vigilant in the event of a known failure.
    The FAA does not concur with the request to add a provision in the 
AD to conduct an operational check of the ice detection system prior to 
every flight versus prior to the first flight of the day. The check 
verifies latent failures that are not detected by the powerup check or 
on the continuous built-in test equipment (BITE) check. Based on the 
once-per-day check, the latest reliability and safety analysis 
establishes that failure of the ice detectors to annunciate icing is an 
extremely improbable event. Additionally, the AD does not depend on the 
ice detectors as primary means to activate the anti-ice systems below 
22,000 feet mean sea level (MSL); instead it requires activation of the 
systems whenever icing conditions exist. Consequently, requiring a 
check of the ice detectors prior to every flight is considered to be 
redundant. No change to the final rule is necessary in this regard.

Request Concerning Dispatch Without Ice Detection System

    The same commenter recommends that ice detection systems not be 
permitted to be deferred or placed on the Minimum Equipment List (MEL) 
due to increased reliance on ice detection systems.
    The FAA does not concur. The current Canadair CL-65 Regional Jet 
Master Minimum Equipment List (MMEL, Revision 4, dated November 27, 
1996) is considered appropriate and is consistent with the AD. The MMEL 
allows one of the two ice detectors to be inoperative provided the wing 
and engine cowl anti-ice systems are ON when the static air temperature 
(SAT) on the ground is 10 degrees Celsius or less and visible moisture 
in any form is present; and the wing and engine cowl anti-ice systems 
are ON when total air temperature (TAT) in flight is 10 degrees Celsius 
or less and visible moisture in any form is present. The MMEL also 
allows both ice detectors to be inoperative provided the aircraft is 
not operated in known or forecast icing conditions; and repairs are 
made within one flight day. No change to the final rule is necessary in 
this regard.

Conclusion

    After careful review of the available data, including the comments 
noted

[[Page 5746]]

above, the FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    The FAA estimates that 133 Model Bombardier Model CL-600-2B19 
series airplanes of U.S. registry will be affected by this AD, that it 
will take approximately 1 work hour 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 the 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 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 a substantial direct 
effect 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, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this action (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) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. 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:

2000-02-34  Bombardier, Inc. (Formerly Canadair): Amendment 39-
11552. 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 
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 
Airplane Flight Manual Temporary Revision RJ/61-2, dated October 30, 
1998. 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 A, Montreal, Quebec H3C 3G9, 
Canada. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.
    (e) This amendment becomes effective on March 13, 2000.

    Issued in Renton, Washington, on January 28, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-2412 Filed 2-4-00; 8:45 am]
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