[Federal Register Volume 66, Number 31 (Wednesday, February 14, 2001)]
[Rules and Regulations]
[Pages 10187-10190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3563]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-299-AD; Amendment 39-12107; AD 2001-03-04]
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 repetitive ultrasonic inspection to detect damage 
of the actuator lugs of the flight spoiler center hinge; corrective 
action, if necessary; and eventual replacement of the flight spoilers 
with new, improved spoilers. This action is necessary to prevent 
uncommanded deployment of a flight

[[Page 10188]]

spoiler, which could result in reduced controllability of the airplane. 
This action is intended to address the identified unsafe condition.

DATES: Effective March 1, 2001.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 1, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before March 16, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-299-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-299-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 
Center-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: 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 11581; telephone (516) 256-7512; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, has notified the FAA 
that an unsafe condition may exist on certain Bombardier Model CL-600-
2B19 series airplanes. The TCCA advises that uncommanded deployment of 
a flight spoiler during flight has been reported. Such uncommanded 
deployment of the flight spoiler has been attributed to a fracture of 
the actuator lug on the center hinge fittings of the left or right 
flight spoiler. Recently, an uncommanded deployment of the flight 
spoiler during flight occurred at about 4,000 flight cycles. TCCA had 
previously identified an inspection threshold of 7,000 flight cycles to 
detect any fracturing of the actuator lug. Such uncommanded deployment 
of a flight spoiler can reduce the controllability of the airplane.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A601R-57-027, Revision 
C, dated May 30, 2000, which describes nondestructive evaluation 
procedure NDE UT-35 for repetitive (ultrasonic) inspections to detect 
damage of the actuator lugs of the flight spoiler center hinge fittings 
on the left-hand and right-hand flight spoilers at spoiler stations 
195.36 and 204.36. The alert service bulletin also describes procedures 
for repetitive inspections if any damage is within certain limits and 
replacement of the left-hand and right-hand flight spoiler with 
serviceable or new, improved flight spoilers if any damage is beyond 
certain limits.
    Bombardier also issued Service Bulletin 601R-57-029, dated May 30, 
2000, which describes installation of new, enhanced flight spoilers. 
Installation of the new, improved flight spoilers eliminates the need 
for the repetitive inspections described in the above alert service 
bulletin.
    Accomplishment of the actions specified in the service information 
above is intended to adequately address the identified unsafe 
condition.
    TCCA classified the service information above as mandatory and also 
requires that the results of the mandated inspections be reported to 
the manufacturer. TCCA issued Canadian airworthiness directive CF-2000-
15, dated June 6, 2000, 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 the 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 requires accomplishment of the actions 
specified in the service information described previously, except as 
discussed below.

Differences Between This AD, the Foreign AD, and the Service 
Information

    Although the manufacturer references the number of flight cycles 
based on the serialized components, the Canadian AD specifies the 
number of flight cycles based on cycles of the airplane. The FAA 
considers that, since flight cycles on airplanes may differ from those 
of the flight cycles on flight spoilers, specifying the number of 
flight cycles on airplanes is, in this case, more conservative and 
therefore, appropriate.
    Operators should note that, although TCCA specifies several 
different compliance thresholds based on accumulated flight cycles, 
this AD specifies an inspection threshold of ``prior to the 
accumulation of 3,000 flight cycles.'' (As typically allowed in AD's, a 
grace period also has been provided for airplanes on which the flight 
cycle threshold has been exceeded.) The lower inspection threshold is 
necessary as a consequence of the previously mentioned uncommanded 
deployment of the flight spoiler that occurred around 4,000 flight 
cycles.

Interim Action

    This action is considered to be interim action. The FAA is 
currently considering requiring replacement of any flight spoiler 
having part number (P/N) 600-10602-1001 or 600-10602-1002 with a new, 
improved left-hand flight spoiler having P/N 600-10602-73 or a new, 
improved right-hand flight spoiler having P/N 600-10602-74. Such 
replacements will constitute terminating action for the repetitive 
inspections required by this AD action. However, the planned compliance 
time for the replacements is sufficiently long so that notice and 
opportunity for prior public comment will be practicable.

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

[[Page 10189]]

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-299-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:

2001-03-04  Bombardier, Inc. (Formerly Canadair): Amendment 39-
12107. Docket 2000-NM-299-AD.

    Applicability: Model CL-600-2B19 series airplanes, serial 
numbers 7003 through 7340 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 prevent uncommanded deployment of a flight spoiler, which 
could result in reduced controllability of the airplane, accomplish 
the following:

Inspections

    (a) Prior to the accumulation of 3,000 total flight cycles or 
within 30 days after the effective date of this AD, whichever occurs 
later: Perform nondestructive evaluation procedure NDE UT-35 
(ultrasonic inspections) to detect damage (e.g., cracking) of the 
actuator lugs on both of the center hinge fittings of flight 
spoilers part numbers (P/N) 600-10602-1001 and -1002, at spoiler 
stations 195.36 and 204.36; per Section 2, Accomplishment 
Instructions, Part A of Bombardier Alert Service Bulletin A601R-57-
027, Revision C, dated May 30, 2000. If no damage is detected, 
repeat the inspection at intervals not to exceed 500 flight cycles 
until the requirements of paragraph (c) of this AD have been 
accomplished.

    Note 2: Accomplishment of the nondestructive evaluation 
procedure in accordance with Bombardier Alert Service Bulletin 
A601R-57-027, dated April 19, 1999; Revision A, dated July 23, 1999; 
or Revision B, dated December 8, 1999; is acceptable for compliance 
with the requirements of paragraph (a) of this AD.

Corrective Actions

    (b) If any damage (e.g., cracking) is detected during the 
inspection required by paragraph (a) of this AD: Prior to further 
flight, remove the damaged flight spoiler and perform nondestructive 
evaluation procedure NDE ET-27 of the lug, per Section 2 of the 
Accomplishment Instructions of Part B of Bombardier Alert Service 
Bulletin A601R-57-027, Revision C, dated May 30, 2000.
    (i) If no damage is detected, repeat the inspection required by 
paragraph (a) of this AD at intervals not to exceed 500 flight 
cycles until the requirements of paragraph (c) of this AD have been 
accomplished.
    (ii) If any damage is detected, prior to further flight, replace 
the damaged flight spoiler with a new or serviceable flight spoiler, 
per Bombardier Service Bulletin 601R-57-029, dated May 30, 2000.
    (A) For a flight spoiler with no damage or one that is replaced 
with a new or serviceable flight spoiler: Repeat the inspection 
required by paragraph (a) of this AD at intervals not to exceed 500 
flight cycles, until the requirements of paragraph (c) of this AD 
have been accomplished.
    (B) If both flight spoilers are replaced with new, improved 
spoilers having part number P/N 600-10602-73 and P/N 600-10602-74, 
no further action is required by paragraphs (a) and (b) of this AD.

Optional Terminating Action

    (c) Replacement of flight spoilers having part number (P/N) 600-
10602-1001 or 600-10602-1002 with both a new, improved left-hand 
flight spoiler having P/N 600-10602-73 and a new, improved right-
hand flight spoiler having P/N 600-10602-74, as applicable; per

[[Page 10190]]

Bombardier Service Bulletin 601R-57-029, dated May 30, 2000, 
constitutes terminating action for the requirements of paragraphs 
(a) and (b) of this AD.

Reporting Requirements

    (d) Within 10 days of accomplishing the inspection required by 
paragraph (a) of this AD: Submit a report of any findings of 
cracking to Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087, Station Centre-ville, Montreal, Quebec H3C 3G9, Canada. 
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 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 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 
1A21.197 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) The actions shall be done in accordance with Bombardier 
Alert Service Bulletin A601R-57-027, Revision C, dated May 30, 2000; 
and Bombardier Service Bulletin 601R-57-029, dated May 30, 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 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.

    Note 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2000-15, dated June 6, 2000.

Effective Date

    (h) This amendment becomes effective on March 1, 2001.

    Issued in Renton, Washington, on February 6, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-3563 Filed 2-13-01; 8:45 am]
BILLING CODE 4910-13-U