Transport Canada Civil Aviation, which is the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on certain Bombardier 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 it has received several reports of stiffness in the aileron controls following takeoff from a wet or snow/slush covered runway. The cause of the stiffness has been attributed apparently to water, ice or slush accumulation on the aileron quadrants and/or control cable pulleys in the wheel bay of the main landing gear (MLG) during ground roll, which subsequently froze during the climb to cruise altitude. This condition, if not corrected, could result in stiffness in the aileron controls and consequent reduced controllability of the airplane.
Explanation of Relevant Service Information
Bombardier has issued the following service bulletins:
Bombardier ServiceBulletin
Service Bulletin Date
Model
600-0684
July 15, 1998
CL-600-1A11 (CL-600)
601-0507
June 30, 1998
CL-600-2A12 (CL-601), and CL-600-2B16 (CL-601-3A and CL-601-3R)
604-32-007
June 30, 1998
CL-600-2B16 (CL-604)
The service bulletins describe procedures for installation of protection shields in the wheel bay of the MLG. Accomplishment of the action specified in the applicable service bulletin is intended to adequately address the identified unsafe condition. TCCA classified these service bulletins as mandatory and issued Canadian airworthiness directive CF-2000-30, dated September 12, 2000, in order to assure the continued airworthiness of these airplanes in Canada.
FAA's Conclusions
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 bilateralairworthiness 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 water, ice or slush accumulation on the aileron quadrants and/or control cable pulleys in the wheel bay of the MLG during ground roll. Such water, ice or slush accumulation could subsequently freeze during the climb to cruise altitude and cause stiffness in the aileron controls, which could result in reduced controllability of the airplane. This AD requires accomplishment of the action specified in the service bulletins described previously.
Differences Between the AD and Foreign Airworthiness Directive
The AD would differ from the parallel Canadian airworthiness directive in that it would require accomplishment of the installation within 45 days after the effective date of this AD. The parallel Canadian airworthiness directive recommends accomplishment of the installation within 120 days after October 25, 2000 (the effective date of the Canadian airworthiness directive). In developing an appropriate compliance time for this AD, the FAA considered not only TCCA's recommendation, but the onset of inclement weather conditions, degree of urgency associated with addressing the subject unsafe condition, and average utilization of the affected fleet. In light of these factors, the FAA finds a 45-day compliance time for initiating the required installation to be warranted, in that it represents an appropriate interval of time allowable for affected airplanes to continue to operate without compromising safety.
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 ideasand 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 theFAA 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-368-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.
39.13 [Amended]
2. Section 39.13 is amended by adding the following new airworthiness directive: