[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Rules and Regulations]
[Pages 57944-57946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24893]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-312-AD; Amendment 39-11914; AD 2000-20-03]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: 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-600-2B19 series airplanes. 
This action requires installation of shields for the aileron quadrants 
in the wheel bay of the main landing gear (MLG). This action is 
necessary to prevent the accumulation of water, ice, or slush on the 
aileron quadrants and control cable pulleys in the wheel bay of the 
MLG, which could freeze and result in reduced controllability of the 
airplane. This action is intended to address the identified unsafe 
condition.

DATES: Effective October 2, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 2, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before October 27, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-312-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. 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. 2000-NM-312-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 this AD 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; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Daniel Parrillo, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7505; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: The Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, recently notified the 
FAA that an unsafe condition may exist on certain Bombardier Model CL-
600-2B19 series airplanes. The TCAA advises that it has received 
reports of stiffness of the aileron controls following take-off from a 
snow and slush covered runway. It is suspected that water, ice, or 
slush accumulated on the aileron quadrants and control cable pulleys in 
the wheel bay of the main landing gear (MLG) during the ground roll, 
and then froze during the climb to cruise altitude. Upon descent to 
lower altitude, normal aileron control was restored and the airplane 
landed safely.
    Such accumulation of water, ice, or slush on the aileron quadrants 
and control cable pulleys in the wheel bay of the main landing gear 
could result in reduced controllability of the airplane.

Explanation of Relevant Service Information

    Bombardier has issued Service Bulletin 601R-27-104, dated October 
15, 1999, which describes procedures for the installation of splash 
shields for the aileron quadrants in the wheel bay of the MLG. 
Accomplishment of the action specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
TCAA classified this service bulletin as mandatory and issued Canadian 
airworthiness directive CF-2000-28, dated August 28, 2000, 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, the TCAA has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the TCAA, 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

[[Page 57945]]

type design registered in the United States, this AD is being issued to 
prevent the accumulation of water, ice, and slush on the aileron 
quadrants and control cable pulleys in the wheel bay of the MLG, which 
could result in reduced controllability of the airplane. This AD 
requires accomplishment of the actions specified in the service 
bulletin described previously.

Differences Between This AD and the Canadian AD

    This AD differs from the parallel Canadian AD in that it requires 
the installation of the splash shields within 30 days after the 
effective date of this AD, rather than within 90 days as specified in 
the Canadian AD. The FAA finds that a 90-day compliance time will not 
ensure that the installation is accomplished in a timely manner. In 
developing an appropriate compliance time for the installation of the 
splash shields, the FAA considered not only the TCAA's recommendation, 
but also the degree of urgency associated with addressing the subject 
unsafe condition. The FAA finds that installation of the splash shields 
within 30 days of the effective date of this AD to be warranted, in 
that this represents an appropriate amount of time allowable for 
affected airplanes to continue to operate without compromising safety.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, 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 
AD action and determining whether additional rulemaking action would be 
needed.
    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 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 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 2000-NM-312-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein will 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 final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket. 
A copy of it, if filed, 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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-20-03  Bombardier, Inc. (Formerly Canadair): Amendment 39-
11914. Docket 2000-NM-312-AD.

    Applicability: Model CL-600-2B19 series airplanes, serial 
numbers 7003 through 7323 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 (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 reduced controllability of the airplane due to an 
accumulation of water, ice, and slush on the aileron quadrants and 
control cable pulleys in the wheel bay of the main landing gear 
(MLG); accomplish the following:

Installation

    (a) Within 30 days after the effective date of this AD, install 
splash shields in the wheel bin of the MLG in accordance with 
Bombardier Service Bulletin 601R-27-104, dated October 15, 1999.

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.


[[Page 57946]]


    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.

Incorporation by Reference

    (d) The installation shall be done in accordance with Bombardier 
Service Bulletin 601R-27-104, dated October 15, 1999. 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 Centre-ville, 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, New York Aircraft Certification Office, 10 Fifth Street, Third 
Floor, Valley Stream, New York 11581; 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-2000-28, dated August 28, 2000.

    (e) This amendment becomes effective on October 2, 2000.

    Issued in Renton, Washington, on September 22, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-24893 Filed 9-25-00; 1:14 pm]
BILLING CODE 4910-13-U