[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Proposed Rules]
[Pages 54725-54727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27216]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 210 / Tuesday, October 30, 2001 / 
Proposed Rules  

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-155-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 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 certain Bombardier Model CL-600-
2B19 series airplanes. This proposal would require repetitive 
inspections for cracking of the left and right lower wing planks, and 
repair, if necessary. This action is necessary to find and fix such 
cracking, which could result in reduced structural integrity of the 
wing. This action is intended to address the identified unsafe 
condition.

DATES: Comments must be received by November 29, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-155-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-155-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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, New York 
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley 
Stream, New York.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7512; 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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the proposed 
AD is being requested.
     Include justification (e.g., reasons or data) for each 
request.
    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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-155-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. 2001-NM-155-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified the FAA that an unsafe condition may 
exist on certain Bombardier Model CL-600-2B19 series airplanes. TCCA 
advises that cracks have been found on the left and right lower wing 
planks on several airplanes. The cracks were located aft of the rear 
spar, near the jacking pads, in line with wing station (WS) 148.019. 
The cause of the cracks has not been determined. This condition, if not 
corrected, could result in reduced structural integrity of the wing.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-57-031, Revision 
``A,'' including Appendix A, dated March 28, 2001. That service 
bulletin describes procedures for repetitive external detailed visual 
inspections for cracking of the left and right lower wing planks in the 
area of the rear spar and WS 148.019. TCCA classified this service 
bulletin as mandatory and issued Canadian airworthiness directive CF-
2001-15, dated March 30, 2001, 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, TCCA has kept the FAA informed of 
the situation described above. The FAA has

[[Page 54726]]

examined the findings of TCCA, 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 require accomplishment of 
the actions specified in the service bulletin described previously, 
except as discussed below. The proposed AD also would require that 
operators report inspection findings to Bombardier.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Differences Between Proposed Rule, Foreign AD, and Service Bulletin

    Operators should note that, although the service bulletin and TCCA 
airworthiness directive specify that the manufacturer may be contacted 
for repair instructions, this proposal would require repairs to be 
accomplished per a method approved by either the FAA or TCCA (or its 
delegated agent). In light of the type of repair that would be required 
to address the identified unsafe condition, and in consonance with 
existing bilateral airworthiness agreements, the FAA has determined 
that, for this proposed AD, a repair approved by either the FAA or TCCA 
would be acceptable for compliance with this proposed AD.

Cost Impact

    The FAA estimates that 214 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 inspections, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$12,840, or $60 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 proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

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 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 2001-NM-155-AD.
    Applicability: Model CL-600-2B19 series airplanes, serial 
numbers 7003 through 7999 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 (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 find and fix cracking of the left and right lower wing 
planks, which could result in reduced structural integrity of the 
wing, accomplish the following:

Repetitive Inspections

    (a) Perform an external detailed visual inspection for cracking 
of the left and right lower wing planks in the area of the rear spar 
and wing station 148.019, according to Part 2, Accomplishment 
Instructions, of Bombardier Alert Service Bulletin A601R-57-031, 
Revision ``A,'' including Appendix A, dated March 28, 2001. Do the 
initial inspection at the time shown in paragraph (a)(1), (a)(2), or 
(a)(3) of this AD, as applicable; and repeat the inspection at least 
every 5,000 flight cycles.

    Note 2: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

Compliance Times for Inspection

    (1) For airplanes that have accumulated 6,500 total flight 
cycles or less as of the effective date of this AD: Inspect prior to 
the accumulation of 7,000 total flight cycles.
    (2) For airplanes that have accumulated 6,501 total flight 
cycles, but fewer than 13,500 total flight cycles, as of the 
effective date of this AD: Inspect prior to the accumulation of 
13,700 total flight cycles, or within 500 flight cycles after the 
effective date of this AD, whichever occurs first.
    (3) For airplanes that have accumulated 13,500 total flight 
cycles or more as of the effective date of this AD: Inspect within 
200 flight cycles after the effective date of this AD.

    Note 3: Inspections accomplished prior to the effective date of 
this AD in accordance with Bombardier Alert Service Bulletin A601R-
57-031, dated March 22, 2001, are considered acceptable for 
compliance with paragraph (a) of this AD.


    Note 4: There is no terminating action available at this time 
for the repetitive inspections required by paragraph (a) of this AD.

Repair

    (b) If any crack is found during any inspection according to 
paragraph (a) of this

[[Page 54727]]

AD: Before further flight, repair per a method approved by either 
the Manager, New York Aircraft Certification Office (ACO), FAA; or 
Transport Canada Civil Aviation (or its delegated agent).

Reporting Requirement

    (c) Submit a report of inspection findings (both positive and 
negative) to Bombardier Aerospace Technical Help Desk, fax (514) 
855-8500, at the applicable time specified in paragraph (c)(1) or 
(c)(2) of this AD. Information collection requirements contained in 
this regulation have been approved by the Office of Management and 
Budget (OMB) under the provisions of the Paperwork Reduction Act of 
1980 (44 U.S.C. 3501 et seq.) and have been assigned OMB Control 
Number 2120-0056.
    (1) For airplanes on which the inspection is accomplished after 
the effective date of this AD: Submit the report within 30 days 
after performing the inspection required by paragraph (a) of this 
AD.
    (2) For airplanes on which the inspection has been accomplished 
prior to the effective date of this AD: Submit the report within 30 
days after the effective date of this AD.

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 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 5: 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 6: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-15, dated March 30, 2001.


    Issued in Renton, Washington, on October 24, 2001.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-27216 Filed 10-29-01; 8:45 am]
BILLING CODE 4910-13-U