[Federal Register Volume 65, Number 233 (Monday, December 4, 2000)]
[Rules and Regulations]
[Pages 75605-75607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30020]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-368-AD; Amendment 39-12008; AD 2000-24-01]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-600), 
CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and 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-600-1A11 (CL-600), CL-600-
2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) 
series airplanes. This action requires installation of protection 
shields in the wheel bay of the main landing gear (MLG). This action is 
necessary to prevent water, ice or slush accumulation on the aileron 
quadrants and/or control cable pulleys in the wheel bay of the MLG 
during ground roll. Such water, ice or slush accumulation could 
subsequently freeze during the climb to cruise altitude and cause 
stiffness in the aileron controls, which could result in reduced 
controllability of the airplane. This action is intended to address the 
identified unsafe condition.

DATES: Effective December 19, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 19, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before January 3, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-368-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-368-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 
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 11581; or 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Dan Parillo, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York; telephone (516) 256-7505; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation, which is 
the airworthiness authority for Canada, notified the FAA that an unsafe 
condition may exist on certain Bombardier Model CL-600-1A11 (CL-600), 
CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-
604) series airplanes. TCCA advises that it has received several 
reports of stiffness in the aileron controls following takeoff from a 
wet or snow/slush covered runway. The cause of the stiffness has been 
attributed apparently to water, ice or slush accumulation on

[[Page 75606]]

the aileron quadrants and/or control cable pulleys in the wheel bay of 
the main landing gear (MLG) during ground roll, which subsequently 
froze during the climb to cruise altitude. This condition, if not 
corrected, could result in stiffness in the aileron controls and 
consequent reduced controllability of the airplane.

Explanation of Relevant Service Information

    Bombardier has issued the following service bulletins:

------------------------------------------------------------------------
                                 Service bulletin
  Bombardier service bulletin          date                Model
------------------------------------------------------------------------
600-0684......................  July 15, 1998....  CL-600-1A11 (CL-600)
601-0507......................  June 30, 1998....  CL-600-2A12 (CL-601),
                                                    and CL-600-2B16 (CL-
                                                    601-3A and CL-601-
                                                    3R)
604-32-007....................  June 30, 1998....  CL-600-2B16 (CL-604)
------------------------------------------------------------------------

    The service bulletins describe procedures for installation of 
protection shields in the wheel bay of the MLG. Accomplishment of the 
action specified in the applicable service bulletin is intended to 
adequately address the identified unsafe condition. TCCA classified 
these service bulletins as mandatory and issued Canadian airworthiness 
directive CF-2000-30, dated September 12, 2000, 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, 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 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 prevent water, ice or 
slush accumulation on the aileron quadrants and/or control cable 
pulleys in the wheel bay of the MLG during ground roll. Such water, ice 
or slush accumulation could subsequently freeze during the climb to 
cruise altitude and cause stiffness in the aileron controls, which 
could result in reduced controllability of the airplane. This AD 
requires accomplishment of the action specified in the service 
bulletins described previously.

Differences Between the AD and Foreign Airworthiness Directive

    The AD would differ from the parallel Canadian airworthiness 
directive in that it would require accomplishment of the installation 
within 45 days after the effective date of this AD. The parallel 
Canadian airworthiness directive recommends accomplishment of the 
installation within 120 days after October 25, 2000 (the effective date 
of the Canadian airworthiness directive). In developing an appropriate 
compliance time for this AD, the FAA considered not only TCCA's 
recommendation, but the onset of inclement weather conditions, degree 
of urgency associated with addressing the subject unsafe condition, and 
average utilization of the affected fleet. In light of these factors, 
the FAA finds a 45-day compliance time for initiating the required 
installation to be warranted, in that it represents an appropriate 
interval 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-368-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,

[[Page 75607]]

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:

2000-24-01  Bombardier, Inc. (Formerly Canadair): Amendment 39-
12008. Docket 2000-NM-368-AD.

    Applicability: The following airplanes, certificated in any 
category:

------------------------------------------------------------------------
                   Model                             Serial Nos.
------------------------------------------------------------------------
CL-600-1A11 (CL-600)......................  1004 though 1085 inclusive.
CL-600-2A12 (CL-601)......................  3001 through 3066 inclusive.
CL-600-2B16 (CL-601-3A and CL-601-3R).....  5001 through 5194 inclusive.
CL-600-2B16 (CL-604)......................  5301 through 5392 inclusive.
------------------------------------------------------------------------


    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 water, ice, or slush accumulation on the aileron 
quadrants and/or control cable pulleys in the wheel bay of the main 
landing gear (MLG) during ground roll, which could subsequently 
freeze during the climb to cruise altitude and cause stiffness in 
the aileron controls and reduced controllability of the airplane, 
accomplish the following:

Installation of Protection Shields

    (a) Within 45 days after the effective date of this AD, install 
protection shields in the wheel bay of the MLG, per the following 
applicable Bombardier service bulletin:

------------------------------------------------------------------------
                                  Bombardier service   Service bulletin
              Model                    bulletin              date
------------------------------------------------------------------------
CL-600-1A11 (CL-600)............  600-0684..........  July 15, 1998
CL-600-2A12 (CL-601), and CL-600- 601-0507..........  June 30, 1998
 2B16 (CL-601-3A and CL-601-3R).
CL-600-2B16 (CL-604)............  604-32-007........  June 30, 1998
------------------------------------------------------------------------

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.

Incorporation by Reference

    (d) The actions shall be done in accordance with the following 
service bulletins, as applicable:

------------------------------------------------------------------------
       Bombardier service bulletin             Service  bulletin date
------------------------------------------------------------------------
600-0684.................................  July 15, 1998.
601-0507.................................  June 30, 1998.
604-32-007...............................  June 30, 1998.
------------------------------------------------------------------------

    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; 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-2000-30, dated September 12, 2000.

Effective Date

    (e) This amendment becomes effective on December 19, 2000.

    Issued in Renton, Washington, on November 17, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-30020 Filed 12-1-00; 8:45 am]
BILLING CODE 4910-13-P