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###### Department of Transportation

###### Federal Aviation Administration 

          - 14 CFR Part 39 
          - [Docket No. 2000-NM-312-AD; Amendment 39-11914; AD 2000-20-03] 
          - RIN 2120-AA64 

# AGENCY:

Federal Aviation Administration, DOT. 

# ACTION:

Final rule; request for comments. 

# SUMMARY:

This amendment adopts a new airworthiness directive (AD) that is applicable to certain Bombardier Model CL-600-2B19 series airplanes. This action requires installation of shields for the aileron quadrants in the wheel bay of the main landing gear (MLG). This action is necessary to prevent the accumulation of water, ice, or slush on the aileron quadrants and control cable pulleys in the wheel bay of the MLG, which could freeze and result in reduced controllability of the airplane. This action is intended to address the identified unsafe condition. 

# DATES:

Effective October 2, 2000. 

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of October 2, 2000. 

Comments for inclusion in the Rules Docket must be received on or before October 27, 2000. 

# ADDRESSES:

Submit comments in triplicate to the Federal Aviation Administration (FAA), Transport Airplane Directorate, ANM-114, Attention: Rules Docket No. 2000-NM-312-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: 9-anm-iarcomment@faa.gov. Comments sent via fax or the Internet must contain “Docket No. 2000-NM-312-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 this AD 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:

Daniel Parrillo, Aerospace Engineer, Airframe and Propulsion Branch, ANE-172, FAA, New York Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New York 11581; telephone (516) 256-7505; fax (516) 568-2716. 

# SUPPLEMENTARY INFORMATION:

The 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-600-2B19 series airplanes. The TCAA advises that it has received reports of stiffness of the aileron controls following take-off from a snow and slush covered runway. It is suspected that water, ice, or slush accumulated on the aileron quadrants and control cable pulleys in the wheel bay of the main landing gear (MLG) during the ground roll, and then froze during the climb to cruise altitude. Upon descent to lower altitude, normal aileron control was restored and the airplane landed safely. 

Such accumulation of water, ice, or slush on the aileron quadrants and control cable pulleys in the wheel bay of the main landing gear could result in reduced controllability of the airplane. 

## Explanation of Relevant Service Information 

Bombardier has issued Service Bulletin 601R-27-104, dated October 15, 1999, which describes procedures for the installation of splash shields for the aileron quadrants in the wheel bay of the MLG. Accomplishment of the action specified in the service bulletin is intended to adequately address the identified unsafe condition. The TCAA classified this service bulletin as mandatory and issued Canadian airworthiness directive CF-2000-28, dated August 28, 2000, 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 TCAA has kept the FAA informed of the situation described above. The FAA has examined the findings of the TCAA, 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                           ( print page 57945)                        type design registered in the United States, this AD is being issued to prevent the accumulation of water, ice, and slush on the aileron quadrants and control cable pulleys in the wheel bay of the MLG, which could result in reduced controllability of the airplane. This AD requires accomplishment of the actions specified in the service bulletin described previously.                 

## Differences Between This AD and the Canadian AD 

This AD differs from the parallel Canadian AD in that it requires the installation of the splash shields within 30 days after the effective date of this AD, rather than within 90 days as specified in the Canadian AD. The FAA finds that a 90-day compliance time will not ensure that the installation is accomplished in a timely manner. In developing an appropriate compliance time for the installation of the splash shields, the FAA considered not only the TCAA's recommendation, but also the degree of urgency associated with addressing the subject unsafe condition. The FAA finds that installation of the splash shields within 30 days of the effective date of this AD to be warranted, in that this represents an appropriate amount 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 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:
    - 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 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 2000-NM-312-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 

2. Section 39.13 is amended by adding the following new airworthiness directive: 

**2000-20-03 Bombardier, Inc.**                             (Formerly Canadair): Amendment 39-11914. Docket 2000-NM-312-AD.                        

*Applicability:*                             Model CL-600-2B19 series airplanes, serial numbers 7003 through 7323 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 (b) 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 reduced controllability of the airplane due to an accumulation of water, ice, and slush on the aileron quadrants and control cable pulleys in the wheel bay of the main landing gear (MLG); accomplish the following: 

## Installation 

(a) Within 30 days after the effective date of this AD, install splash shields in the wheel bin of the MLG in accordance with Bombardier Service Bulletin 601R-27-104, dated October 15, 1999. 

## Alternative Methods of Compliance 

(b) 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. 
      ( print page 57946)    

# 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 

(c) Special flight permits may be issued in accordance with sections 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 

(d) The installation shall be done in accordance with Bombardier Service Bulletin 601R-27-104, dated October 15, 1999. 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 11581; 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 Canadian airworthiness directive CF-2000-28, dated August 28, 2000.

(e) This amendment becomes effective on October 2, 2000. 

Issued in Renton, Washington, on September 22, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.

[FR Doc. 00-24893 Filed 9-25-00; 1:14 pm] 

BILLING CODE 4910-13-U