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 Department of Transportation Federal Aviation Administration 14 CFR Part 39
[Docket No. 2000-NM-397-AD]
RIN 2120-AA64
 AGENCY: Federal Aviation Administration, DOT.
 ACTION: Notice of proposed rulemaking (NPRM).
 SUMMARY: This document proposes the adoption of a new airworthiness directive (AD) that is applicable to certain Bombardier Model CL-600-2B16 series airplanes. This proposal would require modification of the wiring for the internal fuel/defuel panel. This action is necessary to prevent the loss of engine and fuel indications essential for safe flight and landing. This action is intended to address the identified unsafe condition.
 DATES: Comments must be received by June 22, 2001.
 ADDRESSES: Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-397-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: 9-anm-nprmcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2000-NM-397-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: James E. Delisio, 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) 256-7521; 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 No. 2000-NM-397-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. 2000-NM-397-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-600-2B16 series airplanes. TCCA advises of an incident in which the flight crew lost all readouts for the engine and fuel quantity systems in the cockpit of an airplane that had been modified with an internal fuel/defuel panel. The cockpit engine and fuel quantity systems for this configuration are powered from a single source, bypassing the dual power source of the original installation. During the incident, the fuel/defuel panel was left energized following refueling, the circuit breaker for the single power source tripped, and the engine and fuel quantity indications were subsequently lost and could not be recovered. These conditions, if not corrected, could result in the loss of data essential for safe flight and landing. Explanation of Relevant Service Information Bombardier has issued Service Bulletin S.B. GEN-28-010, Revision A, dated May 15, 2000, which describes procedures for modifying the wiring for the internal fuel/defuel panel. Accomplishment of the actions specified in the service bulletin is intended to adequately address the identified unsafe condition. TCCA classified this service bulletin as mandatory and issued Canadian airworthiness directive CF-2000-24, dated August 15, 2000, to ensure the continued airworthiness of these airplanes in Canada. 
                    ( print page 28403) 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, TCCA has kept the FAA informed of the situation described above. The FAA has 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. Cost Impact The FAA estimates that 18 airplanes of U.S. registry would be affected by this proposed AD, that it would take approximately 60 work hours per airplane to accomplish the proposed actions, and that the average labor rate is $60 per work hour. The manufacturer has committed previously to its customers that it will bear the cost of labor and replacement parts. As a result, those costs are not attributable to this proposed AD. The cost impact 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. § 39.13
  2. Section 39.13 is amended by adding the following new airworthiness directive: **Bombardier, Inc. (Formerly Canadair):**
                                 Docket 2000-NM-397-AD. *Applicability:*
                                 Model CL-600-2B16 (including CL-601-3A and CL-601-3R) series airplanes, certificated in any category, as listed in the following table: Table 1.—Applicability
Serial Number
Transport Canada Limited Supplemental Type Certificate (STC)
FAA STC5064
SA90-128
ST00873NY5075
SA91-22
SA861NE5080
SA91-42
SA860NE5092
Q-LSA91-52/D
SA965NE/ST00470NY5096
Q-LSA91-52/D
SA965NE5102
Q-LSA92-2/D
ST00364NY5111
Q-LSA92-1011/D
SA1029NE5123
Q-LSA93-1002/D
ST00001NY5125
Q-LSA93-1007/D
No record of FAA STC5130
Q-LSA93-1023/D
ST00049NY5139
Q-LSA94-1002/D
ST00086NY5142
Q-LSA94-1011/D
ST00216NY5154
Q-LSA94-1023/D
ST00273NY5156
Q-LSA94-1025/D
ST00423NY5159
Q-LSA95-1002/D
ST01228NY5162
Q-LSA95-1003/D
No record of FAA STC5163
Q-LSA95-1011/D
ST00343NY5194
Q-LSA96-1006/D
ST00769NY
 Note 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been otherwise 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 prevent loss of engine and fuel indications essential for safe flight and landing, accomplish the following: Modification (a) Within 6 months after the effective date of this AD, modify the wiring for the internal fuel/defuel panel, in accordance with Bombardier Service Bulletin S.B. GEN-28-010, Revision A, dated May 15, 2000. 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. 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. 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. Note 3: The subject of this AD is addressed in Canadian airworthiness directive CF-2000-24, dated August 15, 2000.
 Issued in Renton, Washington, on May 17, 2001. Vi L. Lipski, Manager, Transport Airplane Directorate, Aircraft Certification Service.


[FR Doc. 01-12988 Filed 5-22-01; 8:45 am] BILLING CODE 4910-13-P