[Federal Register Volume 67, Number 186 (Wednesday, September 25, 2002)]
[Rules and Regulations]
[Pages 60117-60120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24178]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-196-AD; Amendment 39-12887; AD 2002-19-07]
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 all Bombardier Model CL-600-2B19 series airplanes. 
This action requires revising the Canadair Regional Jet Airplane Flight 
Manual to provide the flightcrew with operating limitations and 
procedures to enable them to maintain controllability of the airplane 
in the event that aileron control stiffness is encountered during 
flight. This action is necessary to prevent aileron control stiffness 
during flight, which could result in the reduction or possible loss of 
controllability of the airplane.

DATES: Effective October 10, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 10, 2002.
    Comments for inclusion in the Rules Docket must be received on or 
before October 25, 2002.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-196-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 the Internet must contain 
``Docket No. 2002-NM-196-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-

[[Page 60118]]

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: Bruce Valentine, Flight Test Engineer, 
ANE-172, FAA, Systems and Flight Test Branch, 10 Fifth Street, Third 
Floor, Valley Stream, New York 11581; telephone (516) 256-7528; fax 
(516) 568-2716.

SUPPLEMENTARY INFORMATION:

Background

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has received a significant number of reports of 
aileron control stiffness on certain Bombardier Model CL-600-2B19 
series airplanes following climb-to-altitude after takeoff during heavy 
rain or from a runway contaminated by water, snow, or slush. Reports 
indicate that in all of these incidents, aileron control stiffness 
disappeared upon descent to lower altitude, and the airplanes landed 
safely. Reports also indicate that all of these airplanes had 
accumulated more than 5,000 total flight hours.
    TCCA advises that the aileron control cables are routed aft of the 
control columns and into the respective left and right wheel wells of 
the main landing gear (MLG). At this point, the cables are routed 
around the left and right aileron quadrants before being routed to the 
wings. Both the left and right aileron quadrants and other hardware for 
the aileron control system, which are located in the aft area of the 
wheel well, are susceptible to contamination by water, snow, or slush 
entering the area between the splash shield and each wheel well bin. As 
an airplane with contamination in the wheel well encounters colder 
temperatures, it is possible that the aileron control hardware could 
freeze and consequently jam.

Related AD

    On October 4, 2000, the FAA issued AD 2000-20-03 R1, amendment 39-
11928 (65 FR 61083, October 16, 2000), which is applicable to certain 
Bombardier Model CL-600-2B19 series airplanes. That AD requires 
installing shields for the aileron quadrants in the wheel bay of the 
MLG to prevent accumulation of water, ice, or slush on the aileron 
quadrants and control cable pulleys. The requirements of that AD are 
not affected by this AD.

Discussion

    TCCA recently notified the FAA that an unsafe condition may exist 
on all Bombardier Model CL-600-2B19 series airplanes. TCCA advises that 
since May 2002, six incidents of aileron control stiffness were 
reported on airplanes on which the requirements of 2000-20-03 R1 had 
been accomplished. The exact cause of the contamination has not yet 
been determined. Aileron control stiffness during flight, if not 
corrected, could result in the reduction or possible loss of 
controllability of the airplane.

Explanation of Relevant Service Information

    Bombardier has issued Canadair Regional Jet Temporary Revision (TR) 
RJ/109-2, dated August 9, 2002, of the Canadair Regional Jet Airplane 
Flight Manual (AFM). The TR describes procedures for advising the 
flightcrew of operating limitations and procedures to address aileron 
control stiffness, as follows:
    [sbull] The Limitations Section specifies that, when an airplane 
departs from a wet or contaminated runway, the following procedure must 
be followed: at 10,000 feet mean sea level, or when the static air 
temperature is less than or equal to 0 Celsius degree (32 Fahrenheit 
degrees), whichever occurs later, the ailerons must be operated 
manually every 5,000 feet until the top of the climb;
    [sbull] The Emergency Procedures Section specifies that, if frozen 
ailerons are suspected after departing from a wet or contaminated 
runway, sufficient force must be applied on the affected side to free 
the jam. If the jam persists, procedures specify descending to warmer 
temperatures. If unable to clear the jam, procedures specify landing at 
the nearest suitable airport, and selecting the longest runway 
available that has minimum turbulence and crosswind;
    [sbull] The Normal Procedures Section specifies an addition to the 
``CLIMB CHECK'' instructions that are similar to the Limitations 
Section. However, the Normal Procedures Section includes a note that 
specifies a roll rate, airplane speed, and expected response when 
conducting the aileron control check every 5,000 feet until the top of 
the climb; and
    [sbull] The Abnormal Procedures Section includes a note specifying 
that, if frozen ailerons are suspected, the flightcrew must accomplish 
the ``Aileron System Jammed'' Emergency Procedures.
    TCCA classified this TR as mandatory and issued Canadian 
airworthiness directive CF-2002-35R1, dated August 16, 2002, 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, 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 aileron 
control stiffness during flight, which could result in the reduction or 
possible loss of controllability of the airplane. This AD requires 
revising the Limitations, Emergency Procedures, Normal Procedures, and 
Abnormal Procedures Sections, as applicable, of the Canadair Regional 
Jet AFM to provide the flightcrew with operating limitations and 
procedures to enable them to maintain controllability of the airplane 
in the event that aileron control stiffness is encountered during 
flight. This AD requires accomplishment of the actions specified in TR 
RJ/109-2, except as discussed below.

Clarifications/Differences Between This AD and the Service Information

    Operators should note that the compliance time in the Canadian 
airworthiness directive specifies amending the Canadair Regional Jet 
AFM 14 days after the effective date of this AD to address aileron 
system jams. However, taking into consideration the specifications 
included in the ``Corrective Actions'' paragraphs of the Canadian 
airworthiness directive, we have further clarified the compliance time 
in this AD, as follows:
    [sbull] Paragraph (a) of this AD requires inserting the procedures 
for aileron system jams into certain sections of the AFM ``14 days 
after the effective date of this AD''; and

[[Page 60119]]

    [sbull] Paragraph (b) of this AD requires inserting the procedures 
for the aileron control check into certain sections of the AFM ``upon 
the accumulation of 5,000 total flight hours, or within 14 days after 
the effective date of this AD, whichever occurs later.''
    Operators also should note that paragraph (b) of this AD, which 
references the Limitations and Normal Procedures Sections of the TR, 
requires inserting the procedures for the aileron control check into 
certain sections of the AFM when an airplane has accumulated 5,000 
total flight hours, or within 14 days after the effective date of this 
AD, whichever occurs later. However, individual pilots may operate 
other airplanes that have not yet accumulated 5,000 total flight hours, 
and that are not subject to the limitations and procedures specified in 
the TR. Therefore, to avoid any confusion or misunderstanding, it is 
important that airlines have communication mechanisms in place to 
ensure that pilots are aware, for each flight, whether the Limitations 
and Normal Procedures apply. To clarify this, we have added Note 1 in 
this AD accordingly.
    In addition, operators should note that both the previously 
referenced Canadian airworthiness directive and the TR specify revising 
the AFM by inserting the TR into the AFM. Likewise, this AD requires 
that same action. However, we have determined that clarification of the 
detailed specifications of the Canadian airworthiness directive and the 
TR is necessary. Although paragraph 1.a), ``Corrective Actions,'' of 
the Canadian airworthiness directive specifies an amendment to the 
Emergency Procedures for aileron system jams for all airplanes, the TR 
specifies such an amendment to both the Emergency Procedures and 
Abnormal Procedures Sections for those airplanes. In addition, although 
paragraph 1.b), ``Corrective Actions,'' of the Canadian airworthiness 
directive specifies an amendment to the Limitations Section for an 
aileron control check for airplanes that have accumulated 5,000 or more 
total flight hours, the TR specifies such an amendment to both the 
Limitations and Normal Procedures Sections for those airplanes.
    After contacting TCCA to receive clarification about these details, 
we were informed that the intent of the Canadian airworthiness 
directive and the TR are the same. Likewise, we have determined that 
the intent of this AD and the service information are essentially the 
same.

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:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the AD is 
being requested.
    [sbull] 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 2002-NM-196-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:

2002-19-07 Bombardier, Inc. (Formerly Canadair): Amendment 39-12887. 
Docket 2002-NM-196-AD.

    Applicability: All Model CL-600-2B19 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent aileron control stiffness during flight, which could 
result in the reduction or

[[Page 60120]]

possible loss of controllability of the airplane, accomplish the 
following:

Airplane Flight Manual (AFM) Revision

    (a) Within 14 days after the effective date of this AD, insert 
the procedures for aileron system jams specified in Canadair 
Regional Jet Temporary Revision (TR) RJ/109-2, dated August 9, 2002, 
into the Emergency Procedures and Abnormal Procedures Sections, as 
applicable, of the FAA-approved Canadair Regional Jet AFM.
    (b) Upon the accumulation of 5,000 total flight hours, or within 
14 days after the effective date of this AD, whichever occurs later, 
insert the procedures for the aileron control check specified in 
Canadair Regional Jet TR RJ/109-2, dated August 9, 2002, into the 
Limitations and Normal Procedures Sections, as applicable, of the 
Canadair Regional Jet AFM.

    Note 1: The Limitations and Normal Procedures specified by 
paragraph (b) of this AD are required to be implemented only when an 
airplane has accumulated 5,000 total flight hours. However, 
individual pilots may operate other airplanes that have not yet 
accumulated 5,000 total flight hours, and that are not subject to 
those limitations and procedures. Therefore, to avoid any confusion 
or misunderstanding, it is important that airlines have 
communication mechanisms in place to ensure that pilots are aware, 
for each flight, whether the Limitations and Normal Procedures 
apply.

    (c) When the information in Canadair Regional Jet TR RJ/109-2, 
dated August 9, 2002, of the Canadair Regional Jet AFM, has been 
incorporated into the FAA-approved general revisions of the AFM, the 
TR may be removed from the AFM.

Alternative Methods of Compliance

    (d) 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

    (e) Special flight permits may be issued in accordance with 
Sec. Sec.  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

    (f) The actions shall be done in accordance with Canadair 
Regional Jet TR RJ/109-2, dated August 9, 2002. 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 Canadair 
airworthiness directive CF-2002-35R1, dated August 16, 2002.

Effective Date

    (g) This amendment becomes effective on October 10, 2002.

    Issued in Renton, Washington, on September 16, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-24178 Filed 9-24-02; 8:45 am]
BILLING CODE 4910-13-P