[Federal Register Volume 65, Number 220 (Tuesday, November 14, 2000)]
[Rules and Regulations]
[Pages 68072-68074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28830]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-315-AD; Amendment 39-11972; AD 2000-23-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B16 (CL-604) 
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-600-2B16 (CL-604) series 
airplanes. This action requires, among other actions, a general visual 
inspection to detect gaps between the vane bracket(s) and the adjacent 
skin; corrective actions, if necessary; and replacement of the six flap 
vane actuator beams with new beams. This action is necessary to detect 
and correct corrosion of the inboard flap actuator beam assembly and 
gaps between the vane brackets and adjacent skin, which could 
compromise the structural integrity of the flap systems and reduce the 
controllability of the airplane in the event that a flap vane actuator 
or a flap vane bracket fails during flight. This action is intended to 
address the identified unsafe condition.

DATES: Effective November 29, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of November 29, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before December 14, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-315-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 the Internet must contain 
``Docket No. 2000-NM-315-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or 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 A, 
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: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York; telephone (516) 256-7512; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: 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-
600-2B16 (CL-604) series airplanes. TCCA advises that it has received a 
report that, during a visual inspection of the flap systems, corrosion 
was found in the inboard flap actuator beam assembly, part number (P/N) 
600-14250-25, as well as gaps between the vane brackets, P/N's 600-
14306-1 and -2, and adjacent skin. Both of these discrepancies have 
been attributed to deficiencies in the manufacturing process. These 
conditions, if not corrected, could compromise the structural integrity 
of the flap systems and could reduce the controllability of the 
airplane in the event that a flap vane actuator or a flap vane bracket 
fails during flight.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A604-27-006, dated 
April 18, 2000. The service bulletin describes procedures for a general 
visual inspection to detect gaps between the vane bracket(s) and the 
adjacent skin; corrective actions, if necessary; replacement of the six 
flap vane actuator beams with new beams; and returning certain parts to 
the airplane manufacturer. The corrective actions involve performing a 
non-destructive inspection to detect cracks of the vane brackets; 
replacing any cracked vane bracket with a new vane bracket; eliminating 
the gap by filling the gap with liquid shim or installing a solid shim, 
as applicable; and repairing the

[[Page 68073]]

gap. Accomplishment of the action specified in the service bulletin is 
intended to adequately address the identified unsafe condition. The 
TCCA classified this service bulletin as mandatory and issued Canadian 
airworthiness directive CF-2000-18, dated July 11, 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 TCCA has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the 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 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 detect and correct 
corrosion of the inboard flap actuator beam assembly and gaps between 
the vane brackets and adjacent skin, which could compromise the 
structural integrity of the flap systems and could reduce the 
controllability of the airplane in the event that a flap vane actuator 
or a flap vane bracket fails during flight. This AD requires 
accomplishment of the action specified in the service bulletin 
described previously, except as discussed below.
    This AD also requires operators to return certain parts and submit 
a data report of those parts to the airplane manufacturer. The FAA 
finds that these actions are necessary to determine if further 
rulemaking is needed.

Differences Between Proposed Rule and Service Bulletin

    Operators should note that, although the service bulletin specifies 
that the manufacturer may be contacted for disposition of certain 
repair conditions, this proposal would require the repair of those 
conditions to be accomplished in accordance with a method approved by 
either the FAA, or the TCCA (or its delegated agent). In light of the 
type of repair that would be required to address the identified unsafe 
condition, and in consonance with existing bilateral airworthiness 
agreements, the FAA has determined that, for this proposed AD, a repair 
approved by either the FAA or the TCCA would be acceptable for 
compliance with this proposed AD.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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-315-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:

2000-23-02  Bombardier Inc. (Formerly Canadair): Amendment 39-11972. 
Docket 2000-NM-315-AD.


[[Page 68074]]


    Applicability: Model CL-600-2B16 (CL-604) series airplanes, 
serial numbers 5301 through 5374 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 (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 corrosion of the inboard flap actuator 
beam assembly and gaps between the vane brackets and adjacent skin, 
which could compromise the structural integrity of the flap systems 
and reduce the controllability of the airplane in the event that a 
flap vane actuator or a flap vane bracket fails during flight, 
accomplish the following:

General Visual Inspection

    (a) Do a general visual inspection to detect gaps between the 
vane bracket(s), part number (P/N) 600-14306-1 and -2, and the 
adjacent skin, per paragraph ``2. Accomplishment Instructions,'' of 
Bombardier Alert Service Bulletin A604-27-006, dated April 18, 2000; 
at the time specified in paragraph (a)(1), (a)(2), or (a)(3) of this 
AD, as applicable.
    (1) For airplanes having serial numbers 5301 through 5334 
inclusive: Within 30 days after the effective date of this AD.
    (2) For airplanes having serial numbers 5335 through 5354 
inclusive: Within 90 days after the effective date of this AD.
    (3) For airplanes having serial numbers 5355 through 5374 
inclusive: Within 180 days after the effective date of this AD.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Corrective Actions if Any Gap Is Found

    (b) If any gap is found during the general visual inspection 
required by paragraph (a) of this AD, before further flight, perform 
a non-destructive inspection to detect cracks of the vane bracket, 
per paragraph ``2. Accomplishment Instructions,'' of Bombardier 
Alert Service Bulletin A604-27-006, dated April 18, 2000.
    (1) If any crack is detected, before further flight, replace the 
cracked vane bracket with a new vane bracket per the service 
bulletin.
    (2) If no crack is detected and if the gap is up to 0.100 inch 
(2.54 mm), eliminate the gap by filling the gap with liquid shim or 
installing a solid shim, as applicable, per the service bulletin.
    (3) If no crack is detected and if the gap is more than 0.100 
inch (2.54 mm), before further flight, repair in accordance with a 
method approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA; or the Transport Canada Civil Aviation, (or its 
delegated agent). For a repair method to be approved by the Manager, 
New York ACO, as required by this paragraph, the Manager's approval 
letter must specifically reference this AD.

Replacement of Six Flap Vane Actuator Beams

    (c) Replace the six flap vane actuator beams with new beams, per 
paragraph ``2. Accomplishment Instructions,'' of Bombardier Alert 
Service Bulletin A604-27-006, dated April 18, 2000; at the time 
specified in paragraph (a)(1), (a)(2), or (a)(3) of this AD, as 
applicable.
    (1) For airplanes having serial numbers 5301 through 5334 
inclusive: Within 30 days after the effective date of this AD.
    (2) For airplanes having serial numbers 5335 through 5354 
inclusive: Within 90 days after the effective date of this AD.
    (3) For airplanes having serial numbers 5355 through 5374 
inclusive: Within 180 days after the effective date of this AD.

Return of Parts

    (d) Within 30 days after doing the replacement required by 
paragraph (c) of this AD, forward any cracked vane bracket and any 
two of the six removed flap vane actuator assemblies to Bombardier, 
per paragraph ``2. Accomplishment Instructions,'' of Bombardier 
Alert Service Bulletin A604-27-006, dated April 18, 2000. Data, such 
as the station location of the flap actuator beam assembly, the 
number of flight hours and landings of the airplane at removal, must 
be submitted along with the flap vane actuator beam assemblies. 
Information collection requirements contained in this regulation 
have been approved by the Office of Management and Budget (OMB) 
under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.) and have been assigned OMB Control Number 2120-
0056.

Alternative Methods of Compliance

    (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, 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.

Special Flight Permits

    (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.

Incorporation by Reference

    (g) Except as provided in paragraph (b)(3) of this AD, the 
actions shall be done in accordance with Bombardier Alert Service 
Bulletin A604-27-006, dated April 18, 2000. 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 A, 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; 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-2000-18, dated July 11, 2000.

Effective Date

    (h) This amendment becomes effective on November 29, 2000.

    Issued in Renton, Washington, on November 3, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28830 Filed 11-13-00; 8:45 am]
BILLING CODE 4910-13-U