Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37063

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

98–14–16 Airbus: Amendment 39–10649.

Docket 98–NM–31–AD.

Applicability: Model A300 series airplanes,

certificated in any category, as listed below:

B2–1C, all serial numbers;

B2K–3C, all serial numbers;

B2–203, all serial numbers;

B4–203 having manufacturer’s serial number

255; and

B4–2C having manufacturer’s serial number

256.

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 (e) 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

forward canted frames, which could result in

failure of the forward canted frame, and

consequent reduced structural integrity of the

airplane, accomplish the following:

(a) Perform an eddy current inspection to

detect cracking in the forward canted frame

between fuselage frames 47a and 48 from

stringer 41 to stringer 43, in accordance with

Airbus Service Bulletin A300–53–0314,

dated January 14, 1997; at the time specified

in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of

this AD, as applicable. If no crack is detected,

repeat the inspection thereafter at intervals

not to exceed 2,100 flight cycles.

(1) For airplanes that have accumulated

less than 11,000 flight cycles as of the

effective date of this AD: Perform the

inspection prior to the accumulation of

11,000 total flight cycles, or within 2,000

flight cycles after the effective date of this

AD, whichever occurs later.

(2) For airplanes that have accumulated

11,000 or more total flight cycles, but less

than 14,000 total flight cycles, as of the

effective date of this AD: Perform the

inspection within 2,000 flight cycles after the

effective date of this AD.

(3) For airplanes that have accumulated

14,000 or more total flight cycles as of the

effective date of this AD: Perform the

inspection within 1,000 flight cycles after the

effective date of this AD.

(4) For airplanes on which the forward

canted frame has been replaced with a basic

frame (A53833393–200, –201, –202, –203,

–206, or –207): Perform the inspection prior

to the accumulation of 11,000 total flight

cycles since the frame replacement date, or

within 2,100 flight cycles after the effective

date of this AD, whichever occurs later.

(b) Except as provided by paragraph (d) of

this AD, if any crack is detected during any

inspection required by paragraph (a) of this

AD, prior to further flight, accomplish the

requirements of either paragraph (b)(1) or

(b)(2) of this AD, in accordance with Airbus

Service Bulletin A300–53–0314, dated

January 14, 1997. Thereafter, inspect in

accordance with the requirements of

paragraph (c) of this AD.

(1) Replace the forward canted frame with

a new forward canted frame. Or

(2) Perform the temporary repair and,

within 1,600 flight cycles after

accomplishment of the temporary repair,

replace the forward canted frame with a new

forward canted frame.

(c) Prior to accumulation of 24,600 flight

cycles after replacement of the forward

canted frame with a new forward canted

frame, and thereafter at intervals not to

exceed 3,200 flight cycles: Perform an eddy

current inspection to detect cracking of the

new forward canted frame in accordance

with the requirements of paragraph (a) of this

AD.

(d) For airplane having manufacturer’s

serial number 32: If any crack is detected

during any inspection required by paragraph

(a) of this AD, prior to further flight, repair

the crack in accordance with a method

approved by either the Manager,

International Branch, ANM–116, Transport

Airplane Directorate, FAA, or the Direction

Generale de l’Aviation Civile (DGAC) (or its

delegated agent).

(e) 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,

International Branch, ANM–116. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(f) 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.

(g) The actions shall be done in accordance

with Airbus Service Bulletin A300–53–0314,

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 Airbus Industrie, 1 Rond

Point Maurice Bellonte, 31707 Blagnac

Cedex, France. 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.

Note 3: The subject of this AD is addressed

in French airworthiness directive 97–063–

214(B), dated February 26, 1997.

(h) This amendment becomes effective on

July 24, 1998.

Issued in Renton, Washington, on June 30,

1998.

Vi L. Lipski,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–17954 Filed 7–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–03–AD; Amendment

39–10487]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–215–6B11 (CL–415 Variant)

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Bombardier Model CL–

215–6B11 (CL–415 Variant) series

airplanes. This amendment requires

revising the Airplane Flight Manual

(AFM) to provide the flightcrew with

procedures to address a temporary loss

of battery bus power during engine

failure and consequent erroneous

indications of hydraulic system
37064 Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations

pressure, brake pressure, rudder

pressure, and rudder and elevator

reversion to manual mode. This

amendment is prompted by issuance of

mandatory continuing airworthiness

information by a foreign civil

airworthiness authority. The actions

specified in this AD are intended to

ensure that the flightcrew is advised of

the potential hazard associated with a

temporary loss of battery bus power

during failure of the left engine or the

left generator on the left engine and of

the procedures necessary to address it.

DATES: Effective October 7, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 7,

1998.

Comments for inclusion in the Rules

Docket must be received on or before

August 10, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

03–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD 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:

Rodrigo J. Huete, Flight 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: Transport

Canada Aviation (TCA), which is the

airworthiness authority for Canada,

notified the FAA that an unsafe

condition may exist on all Bombardier

Model CL–215–6B11 (CL–415 Variant)

series airplanes. TCA advises that the

manufacturer discovered a design

anomaly in the course of reviewing the

differences between the CL–215 and

CL–415 variants. This anomaly could

result in a temporary loss of battery bus

power during failure of the left engine

or the left generator on the left engine

and consequent erroneous indications of

hydraulic system pressure, brake

pressure, rudder pressure, and rudder

and elevator reversion to manual mode.

If the flightcrew receives such erroneous

indications, they would lack

appropriate procedures to address them.

This condition, if not corrected, could

result in the flightcrew taking

inappropriate actions which may

adversely affect the rudder and elevator

control systems.

Explanation of Relevant Service

Information

Bombardier (formerly Canadair) has

issued Canadair CL–415 Airplane Flight

Manual (AFM) Temporary Revision No.

491/9, dated November 30, 1995, which

describes procedures to advise the

flightcrew of the potential hazard

associated with a temporary loss of

battery bus power during failure of the

left engine or the left generator on the

left engine and of the procedures

necessary to address it. TCA classified

this temporary revision to the AFM as

mandatory and issued Canadian

airworthiness directive CF–96–02, dated

January 25, 1996, 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 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 AD is being issued to ensure

that the flightcrew is advised of the

potential hazard associated with a

temporary loss of battery bus power

during failure of the left engine or the

left generator on the left engine and of

the procedures necessary to address it.

This AD requires revising the

Limitations and Emergency Procedures

Sections of the AFM by incorporating

the previously described temporary

AFM revision to provide the flightcrew

with procedures to address erroneous

indications of hydraulic system

pressure, brake pressure, rudder

pressure, and rudder and elevator

reversion to manual mode during engine

failure.

Cost Impact

None of the airplanes affected by this

action are on the U.S. Register. All

airplanes included in the applicability

of this rule currently are operated by

non-U.S. operators under foreign

registry; therefore, they are not directly

affected by this AD action. However, the

FAA considers that this rule is

necessary to ensure that the unsafe

condition is addressed in the event that

any of these subject airplanes are

imported and placed on the U.S.

Register in the future.

Should an affected airplane be

imported and placed on the U.S.

Register in the future, it would require

approximately 1 work hour to

accomplish the required AFM revision,

at an average labor rate of $60 per work

hour. Based on these figures, the cost

impact of this AD would be $60 per

airplane.

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 any 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
Federal Register / Vol. 63, No. 131 /Thursday, July 9, 1998 /Rules and Regulations 37065

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 AD

action 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 AD

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–03–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

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.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Bombardier Inc. (Formerly Canadair):

Amendment 39–10487. Docket 98–NM–

03–AD.

Applicability: All Bombardier Model CL–

215–6B11 (CL–415 Variant) series airplanes,

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 (b) 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 ensure that the flightcrew is advised of

the potential hazard associated with a

temporary loss of battery bus power during

failure of the left engine or the left generator

on the left engine and of the procedures

necessary to address it, accomplish the

following:

(a) Within 10 days after the effective date

of this AD, revise the Limitations and

Emergency Procedures Sections of the

Canadair CL–415 Airplane Flight Manual

(AFM) by inserting a copy of Canadair

Temporary Revision No. 491/9, dated

November 30, 1995, into the AFM to provide

the flightcrew with procedures to address

erroneous indications of hydraulic system

pressure, brake pressure, rudder pressure,

and rudder and elevator reversion to manual

mode during engine failure.

Note 2: When the temporary revision has

been incorporated into general revisions of

the AFM, the general revisions may be

inserted into the AFM, provided the

information contained in the general revision

is identical to that specified in Canadair

Temporary Revision No. 491/9.

(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 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 Manager, New York ACO.

(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 CL–415 Airplane

Flight Manual Temporary Revision No. 491/

9, dated November 30, 1995. 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 4: The subject of this AD is addressed

in Canadian airworthiness directive CF–96–

02, dated January 25, 1996.

(e) This amendment becomes effective on

October 7, 1998.

Issued in Renton, Washington, on May 14,

1998.

John J. Hickey,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–13404 Filed 7–8–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98–AWP–2]

Modification of Class E Airspace;

Porterville, CA; Correction

AGENCY: Federal Aviation

Administration (FAA), DOT.