[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Proposed Rules]
[Pages 17094-17096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7706]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-33-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-600-2B19 series airplanes, that currently requires repetitive 
ultrasonic inspection to detect damage of the actuator lugs of the 
flight spoiler center hinge; and corrective action, if necessary. This 
proposal would mandate the previously optional terminating action by 
requiring replacement of the flight spoilers with new improved 
spoilers. The actions specified by the proposed AD are intended to 
prevent uncommanded deployment of a flight spoiler, which could result 
in reduced controllability of the airplane. This proposed action is 
intended to address the identified unsafe condition.

DATES: Comments must be received by April 30, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-33-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9 a.m. and 3 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-33-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 the proposed rule 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.

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:

[[Page 17095]]

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this action may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2001-NM-33-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2001-NM-33-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On February 6, 2001, the FAA issued AD 2001-03-04, amendment 39-
12107 (66 FR 10187, February 14, 2001), applicable to certain 
Bombardier Model CL-600-2B19 series airplanes, to require repetitive 
ultrasonic inspection to detect damage of the actuator lugs of the 
flight spoiler center hinge; and corrective action, if necessary. That 
action also specifies an optional terminating action that entails 
replacement of certain right- and left-hand flight spoilers with new, 
improved flight spoilers. The requirements of AD 2001-03-04 are 
intended to prevent uncommanded deployment of a flight spoiler, which 
could result in reduced controllability of the airplane.

Actions Since Issuance of Previous Rule

    In the preamble of AD 2001-03-04, the FAA indicated that the 
actions required by that AD were considered ``interim action'' and that 
further rulemaking was being considered to require replacement of both 
flight spoilers with new, improved spoilers, which would constitute 
terminating action for the requirements of that AD. We have now 
determined that further rulemaking is indeed necessary, and this 
proposed AD follows from that determination.

Explanation of Relevant Service Information

    Bombardier has 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 specified in AD 2001-03-04.
    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has classified this service bulletin as mandatory 
and issued Canadian airworthiness directive CF-2000-15R1, dated 
February 22, 2001, 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 Proposed 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, the proposed AD would continue to require 
repetitive ultrasonic inspections to detect damage of the actuator lugs 
of the flight spoiler center hinge; and corrective action, if 
necessary. The proposed AD also would continue to require that 
operators report the results of the inspection findings to Bombardier, 
Inc. However, we have extended the reporting time from ``within 10 days 
of the inspection,'' to ``within 30 days of the inspection,'' as 
specified in the the Canadian airworthiness directive. This proposal 
also would require replacement of the left- and right-hand flight 
spoilers with new, improved spoilers, which would constitute 
terminating action for the repetitive ultrasonic inspections. The 
replacement would be required to be accomplished in accordance with the 
service bulletin described previously.

Editorial Changes

    The FAA has noted that AD 2001-03-04 contained incorrect numbering 
of the subparagraphs of paragraph (b) of that AD. Therefore, we revised 
the subparagraphs numbering of that paragraph for this proposed rule.

Cost Impact

    There are approximately 195 Bombardier Model CL-600-2B19 series 
airplanes of U.S. registry that would be affected by this proposed AD.
    The inspections that are currently required by AD 2001-03-04, and 
retained in this proposed AD, take approximately 2 work hours per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $23,400, or $120 per 
airplane, per inspection cycle.
    The new replacement that is proposed by this AD action would take 
approximately 4 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. The required parts would be provided 
by the manufacturer at no cost to the operators. Based on these 
figures, the cost impact of the replacement proposed by this AD on U.S. 
operators is estimated to be $46,800, or $240 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have a substantial direct 
effect on the States, on the relationship between the national 
Government and

[[Page 17096]]

the States, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, it is determined that this 
proposal would not have federalism implications under Executive Order 
13132.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-12107 (66 FR 
10187, February 14, 2001), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 2001-NM-33-AD. 
Supersedes AD 20001-03-04 Amendment 39-12107.

    Applicability: Model CL-600-2B19 series airplanes, 7003 though 
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:

Restatement of Requirements of AD 2001-03-04

Inspections

    (a) Prior to the accumulation of 3,000 total flight cycles or 
within 30 days after March 1, 2001 (the effective date of AD 2001-
03-04, amendment 39-12107): 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; in accordance with 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.
    (1) 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.
    (2) 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.
    (i) 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.
    (ii) If both flight spoilers are replaced with new improved 
spoilers, no further action is required by this AD.

New Requirements of This AD

Replacement of Certain Flight Spoilers

    (c) Within 36 months after the effective date of this AD, 
replace 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 right-hand flight spoiler having P/
N 600-10602-74, as applicable; in accordance with Bombardier Service 
Bulletin 601R-57-029, dated May 30, 2000. Such replacement of both 
the left-hand and right-hand flight spoilers constitutes terminating 
action for the repetitive inspection requirements of this AD.

Reporting Requirements

    (d) Within 30 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 
Secs. 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.

    Note 4: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2000-15R1, dated February 22, 2001.


    Issued in Renton, Washington, on March 22, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-7706 Filed 3-28-01; 8:45 am]
BILLING CODE 4910-13-U