AD 98-9340

[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)] [Rules and Regulations] [Pages 17672-17674] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-9340]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-05-AD; Amendment 39-10458] RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-215-1A10 and CL- 215-6B11 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), that is applicable to certain Bombardier Model CL-215-1A10 and CL-215-6B11 series airplanes. This amendment requires repetitive inspections to detect cracking on certain wing to fuselage frame-angles, and repair, if necessary. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified in this amendment 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: Effective July 9, 1998. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of July 9, 1998. Comments for inclusion in the Rules Docket must be received on or before May 11, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 98-NM-05-AD, 1601 Lind Avenue, SW., Renton, Washington 98055-4056. The service information referenced in this amendment may be obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centreville, 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; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, 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) 256-7512; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: Transport Canada Aviation (TCA), which is the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on certain Bombardier Model CL-215-1A10 and CL-215- 6B11 series airplanes. TCA advises that fatigue cracking has been found in the wing box, front spar, and lower cap area around wing station 51 on three CL-215T airplanes. Such cracking has been attributed to metal fatigue caused by cyclic loading on the wing. Such cracking also may exist or develop on Bombardier Model CL-215-1A10 and CL-215-6B11 series airplanes, because they are similar in design to the CL-215T airplanes. Such cracking, if not corrected, could result in reduced structural integrity of the airframe.

Explanation of Relevant Service Information

Bombardier has issued Canadair Alert Service Bulletin 215-A476, Revision 1, dated January 14, 1997, which describes procedures for repetitive eddy current inspections to detect cracking of wing to fuselage frame-angles, and repair, if necessary. The procedures involve inspecting the wing to fuselage frame-angles on the front and rear spars on CL-215-1A10 airplanes, and the wing to fuselage frame-angles on the front spar of CL-215-6B11 airplanes. TCA classified this alert service bulletin as mandatory and issued Canadian

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airworthiness directive CF-97-07, dated May 28, 1997, in order to assure the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

These airplane models are manufactured in Canada and are 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 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 amendment is being issued to detect and correct cracking in the wing to fuselage frame-angles, which could result in reduced structural integrity of the airframe. This amendment requires repetitive inspections to detect cracking on certain wing to fuselage frame-angles, and repair, if necessary. The actions are required to be accomplished in accordance with the service bulletin described previously, except as discussed below.

Differences Between This Rule and the Alert Service Bulletin

Operators should note that, although the alert service bulletin specifies that the manufacturer may be contacted for disposition of repair conditions, this amendment requires that repair be accomplished in accordance with a method approved by the FAA.

Differences Between This Rule and the Foreign AD

This amendment would differ from the parallel Canadian airworthiness directive in that it would not permit further flight after any cracking has been detected. The FAA has determined that, due to the safety implications and consequences associated with such cracking, any cracking in the wing to fuselage frame-angles must be repaired prior to further flight.

Cost Impact

The FAA estimates that 1 airplane of U.S. registry will be affected by this amendment, that it will take approximately 2 work hours 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 this amendment 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 requirements of this amendment, and that no operator would accomplish those actions in the future if this amendment were not adopted.

The Direct Final Rule Procedure

The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as a direct final rule. The requirements of this direct final rule address an unsafe condition identified by a foreign civil airworthiness authority and do not impose a significant burden on the affected operator. In accordance with 14 CFR 11.17, unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment, is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the Federal Register indicating that no adverse or negative comments were received; at that time, the AD number will be specified, and the date on which the final rule will become effective will be confirmed. If the FAA does receive, within the comment period, a written adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the Federal Register, and a notice of proposed rulemaking may be published with a new comment period.

Comments Invited

Although this action is in the form of a final rule and was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the amendment and determining whether additional rulemaking action would be needed. Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the 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 that summarizes each FAA-public contact concerned with the substance of this amendment will be filed in the Rules Docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: ``Comments to Docket Number 98-NM-05-AD.'' The postcard will be date stamped and returned to the commenter.

Regulatory Impact

The regulations adopted herein will 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 final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For reasons discussed in the preamble, I certify that this regulation (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) 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 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

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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:

Bombardier Inc. (Formerly Canadair): Amendment 39-10458. Docket 98- NM-05-AD.

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 of the wing to fuselage frame angles on the front and rear spars (for Model CL-15-1A10 series airplanes) or on the front spar (for Model CL-215-6B11 series airplanes), as applicable, at the later of the times specified in paragraphs (a)(1) and (a)(2) of this AD; in accordance with Canadair Alert Service Bulletin 215-A476, Revision 1, dated January 14, 1997. Thereafter, repeat the inspection at intervals not to exceed 415 flight hours. (1) Prior to the accumulation of 2,300 total flight hours, or (2) Within 300 flight hours or 12 months after the effective date of this AD, whichever occurs first. (b) If any crack is found during any inspection required by paragraph (a) of this AD, 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 2: 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. (e) The inspections shall be done in accordance with Canadair Alert Service Bulletin 215-A476, Revision 1, dated January 14, 1997. 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 Centreville, Montreal, Quebec H3C 3G9, Canada. Copies may be inspected 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; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Note 3: The subject of this AD is addressed in Canadian airworthiness directive CF-97-07, dated May 28, 1997.

(f) This amendment becomes effective on July 9, 1998.

Issued in Renton, Washington, on April 3, 1998. S.R. Miller, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 98-9340 Filed 4-9-98; 8:45 am] BILLING CODE 4910-13-U