[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Rules and Regulations]
[Pages 8025-8028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2964]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20276; Directorate Identifier 2005-NM-023-AD; 
Amendment 39-13979; AD 2005-04-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes and 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 (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes 
and 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 AD requires 
revising the airplane flight manuals to include a new cold weather 
operations limitation. This AD is prompted by a report that even small 
amounts of frost, ice, snow, or slush on the wing leading edges or 
forward upper wing surfaces can cause an adverse change in the stall 
speeds, stall characteristics, and the protection provided by the stall 
protection system. We are issuing this AD to prevent possible loss of 
control on take-off resulting from even small amounts of frost, ice, 
snow, or slush on the wing leading edges or forward upper wing 
surfaces.

DATES: Effective February 22, 2005.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
February 22, 2005.
    We must receive comments on this AD by April 18, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    For the temporary revisions identified in this AD, contact 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. You can examine this 
information at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20276; the directorate identifier for this docket is 
2005-NM-023-AD.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT: Bruce Valentine, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7328; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, notified the FAA that 
an unsafe condition may exist under certain operating conditions on all 
Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes 
and 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 
even small amounts of frost, ice, snow, or slush on the wing leading 
edges or forward upper wing surfaces of these airplanes can cause an 
unsafe condition where an adverse change in the stall speeds, stall 
characteristics, and the protection provided by the stall protection 
system may result in reduced controllability of the airplane. TCCA 
advises that cold weather operational requirements for the subject 
airplane flight manuals should include wing leading edge and upper wing 
surface inspections using visual and tactile means in identifying 
potential contamination by frost, ice, snow, or slush.

Relevant Temporary Revision Information

    Bombardier has issued temporary revisions (TRs) to the applicable 
Bombardier airplane flight manuals (AFMs) as listed in the following 
table. The TRs include a new take-off limitation to emphasize the 
requirement for an aerodynamically clean airplane during cold weather 
operations. The TRs specify that, in addition to a visual check, a 
tactile check must be done to determine that the wing is free from 
frost, ice, snow, or slush when certain weather conditions exist.

[[Page 8026]]



                               Table--TRs
------------------------------------------------------------------------
       Bombardier model                 TR                  AFM
------------------------------------------------------------------------
CL-600-1A11 (CL-600) series     600/21, February   PSP 600 (US)
 airplanes.                      4, 2005.
CL-600-1A11 (CL-600) series     600-1/16,          PSP 600-1 (US)
 airplanes.                      February 4, 2005.
CL-600-2A12 (CL-601) series     601/13, February   PSP 601-1B-1
 airplanes.                      4, 2005.
CL-600-2A12 (CL-601) series     601/14, February   PSP 601-1A-1
 airplanes.                      4, 2005.
CL-600-2A12 (CL-601) series     601/18, February   PSP 601-1B
 airplanes.                      4, 2005.
CL-600-2A12 (CL-601) series     601/26, February   PSP 601-1A
 airplanes.                      4, 2005.
CL-600-2B16 (CL-601-3A and CL-  601/24, February   PSP 601A-1
 601-3R) series airplanes.       4, 2005.
CL-600-2B16 (CL-601-3A and CL-  601/25, February   PSP 601A-1-1
 601-3R) series airplanes.       4, 2005.
CL-600-2B16 (CL-604) series     604/17, February   PSP 604-1
 airplanes.                      4, 2005.
CL-600-2B19 (Regional Jet       RJ/149-1,          CSP A-012
 Series 100 & 440).              February 1, 2005.
------------------------------------------------------------------------

    Accomplishing the actions specified in the TRs is intended to 
ensure the applicable airplane is operated in a safe condition. TCCA 
mandated the TRs and issued Canadian airworthiness directives CF-2005-
01, dated February 2, 2005, and CF-2005-03, dated February 8, 2005, to 
ensure the continued airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of This AD

    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. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent possible loss of 
control on take-off resulting from even small amounts of frost, ice, 
snow, or slush on the wing leading edges or forward upper wing 
surfaces. This AD requires revising the airplane flight manuals to 
include a new cold weather operations limitation.

Differences Between This AD and the Canadian Airworthiness Directives

    Due to the degree of urgency associated with the subject unsafe 
condition, this AD specifies a compliance time of within 5 days after 
the effective date of this AD in order to closely coincide with the 
compliance times specified in the Canadian airworthiness directives. 
Canadian airworthiness directive CF-2005-01 specifies a compliance time 
of within 14 days after February 2, 2005 (the effective date of 
Canadian airworthiness directive CF-2005-01). Canadian airworthiness 
directive CF-2005-03 specifies a compliance time of within 14 days 
after February 8, 2005 (the effective date of Canadian airworthiness 
directive CF-2005-03).

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20276; 
Directorate Identifier 2005-NM-023-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

[[Page 8027]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-04-07 Bombardier, Inc. (Formerly Canadair): Amendment 39-13979. 
Docket No. FAA-2005-20276; Directorate Identifier 2005-NM-023-AD.

Effective Date

    (a) This AD becomes effective February 22, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes and Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A, CL-601-3R, & 
CL-604) series airplanes; certificated in any category.

Unsafe Condition

    (d) This AD was prompted by a report that even small amounts of 
frost, ice, snow, or slush on the wing leading edges or forward 
upper wing surfaces can cause an adverse change in the stall speeds, 
stall characteristics, and the protection provided by the stall 
protection system. The FAA is issuing this AD to prevent possible 
loss of control on take-off resulting from even small amounts of 
frost, ice, snow, or slush on the wing leading edges or forward 
upper wing surfaces.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Revision to Airplane Flight Manual (AFM)

    (f) Within 5 days after the effective date of this AD, revise 
the applicable Bombardier AFMs, Chapter 2 Limitations--Operating 
Limitations section, by inserting a copy of the new cold weather 
operations limitation specified in the Canadair (Bombardier) 
temporary revisions (TRs) listed in Table 1 of this AD. Thereafter, 
operate the airplanes per the limitation specified in the applicable 
TR, except as provided by paragraph (g) of this AD.

                              Table 1.--TRs
------------------------------------------------------------------------
       Bombardier model                 TR                  AFM
------------------------------------------------------------------------
CL-600-1A11 (CL-600) series     600/21, February   PSP 600 (US)
 airplanes.                      4, 2005.
CL-600-1A11 (CL-600) series     600-1/16,          PSP 600-1 (US)
 airplanes.                      February 4, 2005.
CL-600-2A12 (CL-601) series     601/13, February   PSP 601-1B-1
 airplanes.                      4, 2005.
CL-6002A12 (CL-601) series      601/14, February   PSP 601-1A-1
 airplanes.                      4, 2005.
CL-600-2A12 (CL-601) series     601/18, February   PSP 601-1B
 airplanes.                      4, 2005.
CL-600-2A12 (CL-601) series     601/26, February   PSP 601-1A
 airplanes.                      4, 2005.
CL-600-2B16 (CL-601-3A and CL-  601/24, February   PSP 601A-1
 601-3R) series airplanes.       4, 2005.
CL-600-2B16 (CL-601-3A and CL-  601/25, February   PSP 601A-1-1
 601-3R) series airplanes.       4, 2005.
CL-600-2B16 (CL-604) series     604/17, February   PSP 604-1
 airplanes.                      4, 2005.
CL-600-2B19 (Regional Jet       RJ/149-1,          CSP A-012
 Series 100 & 440).              February 1, 2005.
------------------------------------------------------------------------


    Note 1: When information identical to that in a TR specified in 
paragraph (f) of this AD has been included in the general revisions 
of the applicable AFM, the general revisions may be inserted into 
the AFM, and the TR may be removed from that AFM.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (h) Canadian airworthiness directives CF-2005-01, dated February 
2, 2005, and CF-2005-03, dated February 8, 2005, also address the 
subject of this AD.

Material Incorporated by Reference

    (i) You must use the Canadair (Bombardier) temporary revisions 
to the applicable Bombardier airplane flight manuals specified in 
Table 2 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the 
temporary revisions, contact Bombardier, Inc., Canadair, Aerospace 
Group, P.O. Box 6087, Station Centre-ville, Montreal, Quebec H3C 
3G9, Canada. You can review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC; or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call (202) 741-6030, or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

                                  Table 2.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
       Temporary revision                                     Airplane flight manual
----------------------------------------------------------------------------------------------------------------
RJ/149-1, February 1, 2005.....  CL-600-2B19 (Regional Jet Series 100 & 440), CSP A-012
600/21, February 4, 2005.......  CL-600-1A11 (CL-600), PSP 600 (US)
600-1/16, February 4, 2005.....  CL-600-1A11 (CL-600), PSP 600-1 (US)
601/13, February 4, 2005.......  CL-600-2A12 (CL-601), PSP 601-1B-1
601/14, February 4, 2005.......  CL-600-2A12 (CL-601), PSP 601-1A-1
601/18, February 4, 2005.......  CL-600-2A12 (CL-601), PSP 601-1B
601/24, February 4, 2005.......  CL-600-2B16 (CL-601-3A and CL-601-3R), PSP 601A-1
601/25, February 4, 2005.......  CL-600-2B16 (CL-601-3A and CL-601-3R), PSP 601A-1-1
601/26, February 4, 2005.......  CL-600-2A12 (CL-601), PSP 601-1A
604/17, February 4, 2005.......  CL-600-2B16 (CL-604), PSP 604-1
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[[Page 8028]]

    Issued in Renton, Washington, on February 10, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-2964 Filed 2-16-05; 8:45 am]
BILLING CODE 4910-13-P