[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]
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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).
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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
