[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Rules and Regulations]
[Pages 12724-12726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4217]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-27-AD; Amendment 39-12125; AD 2001-03-52]
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 document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2001-03-52 that was sent 
previously to all known U.S. owners and operators of Bombardier Model 
CL-600-2B16 (CL-604) series airplanes by individual notices. This AD 
requires revising the airplane flight manual to provide the flight crew 
with revised aft center of gravity (CG) limits. This action is prompted 
by issuance of mandatory continuing airworthiness information by a 
foreign airworthiness authority. The

[[Page 12725]]

actions specified by this AD are intended to prevent fuel migration 
under conditions of acceleration and/or climb, which could result in 
the airplane exceeding the aft center of gravity limit, and consequent 
loss of control of the airplane.

DATES: Effective March 5, 2001, to all persons except those persons to 
whom it was made immediately effective by emergency AD 2001-03-52, 
issued February 2, 2001, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 5, 2001.
    Comments for inclusion in the Rules Docket must be received on or 
before March 30, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-27-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. 2001-NM-27-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 applicable service information 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: 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; telephone (516) 256-7521; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: On February 2, 2001, the FAA issued 
emergency AD 2001-03-52, which is applicable to certain Bombardier 
Model CL-600-2B16 (CL-604) series airplanes.
    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. The TCCA reported a recent incident that occurred 
during a flight test in which, during the initial takeoff rotation, an 
airplane pitched up at a significantly high rate resulting in a natural 
stall. After the initial pushover from the stall, the airplane stalled 
again when the pilot attempted to raise the nose a second time.
    Investigation revealed that fuel migration in the center fuel tank 
caused a center of gravity shift. The fuel tanks are not baffled, which 
allows fuel to migrate when the airplane pitches up. Such fuel 
migration under conditions of acceleration and/or climb, if not 
corrected, could result in the airplane exceeding the aft center of 
gravity limit, and consequent loss of control of the airplane.

Correction of Typographical Error

    The FAA has revised paragraph (a) of this AD to correct a 
typographical error that appeared in the emergency AD. The 
typographical error referenced Canadair Challenger CL-604 Airplane 
Flight Manual (AFM) PSP-606-1, which does not exist, and has been 
changed to Canadair Challenger CL-604 Airplane Flight Manual (AFM) PSP-
604-1 in the Federal Register version of the final rule.

FAA's Conclusions

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
Sec. 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 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 the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 2001-03-52 to prevent fuel 
migration under conditions of acceleration and/or climb, which could 
result in the airplane exceeding the aft center of gravity limit, and 
consequent loss of control of the airplane. The AD requires revising 
the FAA-approved Airplane Flight Manual to provide the flight crew with 
revised aft center of gravity (CG) limits that prevent fuel migration 
from resulting in a rearward shift of the CG to the degree that will 
result in controllability problems.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on February 2, 2001, to all known U.S. owners and operators of 
Bombardier Model CL-600-2B16 (CL-604) series airplanes. These 
conditions still exist, and the AD is hereby published in the Federal 
Register as an amendment to section 39.13 of the Federal Aviation 
Regulations (14 CFR 39.13) to make it effective as to all persons.

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.
    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

[[Page 12726]]

submit a self-addressed, stamped postcard on which the following 
statement is made: ``Comments to Docket Number 2001-NM-27-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:

2001-03-52  Bombardier Inc. (Formerly Canadair): Amendment 39-12125. 
Docket 2001-NM-27-AD.

    Applicability: Model CL-600-2B16 (CL-604) series airplanes, 
serial numbers 5301 through 5489 inclusive; certificated in any 
category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fuel migration under conditions of acceleration and/
or climb, which could result in the airplane exceeding the aft 
center of gravity limit, and consequent loss of control of the 
airplane, accomplish the following:

Airplane Flight Manual Revision

    (a) Within 5 days after the effective date of this AD, revise 
the Limitations and Abnormal Procedures Sections of the Canadair 
Challenger CL-604 Airplane Flight Manual (AFM) PSP-604-1, by 
inserting a copy of Canadair Challenger Temporary Revision (TR) No. 
604/13, dated February 1, 2001, into the AFM.
    (b) When the information in TR No. 604/13, dated February 1, 
2001, has been incorporated into the FAA-approved general revisions 
of the AFM, the general revisions may be inserted in the AFM, and 
the TR may be removed from the AFM.

Alternative Methods of Compliance

    (c) 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). 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 1: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.


    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-07, dated February 2, 2001.

Incorporation by Reference

    (d) The AFM revision shall be done in accordance with Canadair 
Challenger Temporary Revision No. 604/13, dated February 1, 2001. 
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.

Effective Date

    (e) This amendment becomes effective on March 5, 2001, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2001-03-52, issued February 2, 2001, which 
contained the requirements of this amendment.


    Issued in Renton, Washington, on February 13, 2001.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-4217 Filed 2-27-01; 8:45 am]
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