Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / Rules and Regulations 10187

(b) Within 10 hours time-in-service (TIS)

and thereafter at intervals not to exceed 10

hours TIS or before the next flight after any

abnormal tail rotor vibration, inspect each

blade for a crack using a 5-power or higher

magnifying glass in accordance with the

Compliance Instructions, Part II, of Agusta

S.p.A. Alert Bollettino Tecnico No. 109EP–

14, dated October 11, 2000 (ABT).

(c) Within 25 hours TIS and thereafter at

intervals not to exceed 25 hours TIS, dyepenetrant inspect each blade for a crack in

accordance with the Compliance

Instructions, Part III, of the ABT.

(d) If a crack is found, replace the blade

with an airworthy blade before further flight.

(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, Regulations

Group, Rotorcraft Directorate, FAA.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(f) Special flight permits are prohibited.

(g) The inspections shall be done in

accordance with the Compliance

Instructions, Parts II and III, of Agusta S.p.A.

Alert Bollettino Tecnico No. 109EP–14, dated

October 11, 2000. 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 Agusta, 21017 Cascina Costa

di Samarate (VA) Italy, Via Giovanni Agusta

520, telephone 39 (0331) 229111, fax 39

(0331) 229605–222595. Copies may be

inspected at the FAA, Office of the Regional

Counsel, Southwest Region, 2601 Meacham

Blvd., Room 663, Fort Worth, Texas; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

(h) This amendment becomes effective on

March 1, 2001, to all persons except those

persons to whom it was made immediately

effective by Emergency AD 2000–25–54,

issued December 12, 2000, which contained

the requirements of this amendment.

Issued in Fort Worth, Texas, on February

2, 2001.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 01–3562 Filed 2–13–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–299–AD; Amendment

39–12107; AD 2001–03–04]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–600–2B19 Series Airplanes

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 repetitive ultrasonic

inspection to detect damage of the

actuator lugs of the flight spoiler center

hinge; corrective action, if necessary;

and eventual replacement of the flight

spoilers with new, improved spoilers.

This action is necessary to prevent

uncommanded deployment of a flight

10188 Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / Rules and Regulations

spoiler, which could result in reduced

controllability of the airplane. This

action is intended to address the

identified unsafe condition.

DATES: Effective March 1, 2001.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 1,

2001.

Comments for inclusion in the Rules

Docket must be received on or before

March 16, 2001.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

299–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 the Internet must contain

‘‘Docket No. 2000–NM–299–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 Centerville, 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:

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: Transport

Canada Civil Aviation (TCCA), which is

the airworthiness authority for Canada,

has notified the FAA that an unsafe

condition may exist on certain

Bombardier Model CL–600–2B19 series

airplanes. The TCCA advises that

uncommanded deployment of a flight

spoiler during flight has been reported.

Such uncommanded deployment of the

flight spoiler has been attributed to a

fracture of the actuator lug on the center

hinge fittings of the left or right flight

spoiler. Recently, an uncommanded

deployment of the flight spoiler during

flight occurred at about 4,000 flight

cycles. TCCA had previously identified

an inspection threshold of 7,000 flight

cycles to detect any fracturing of the

actuator lug. Such uncommanded

deployment of a flight spoiler can

reduce the controllability of the

airplane.

Explanation of Relevant Service

Information

Bombardier has issued Alert Service

Bulletin A601R–57–027, Revision C,

dated May 30, 2000, which describes

nondestructive evaluation procedure

NDE UT–35 for repetitive (ultrasonic)

inspections to detect damage of the

actuator lugs of the flight spoiler center

hinge fittings on the left-hand and righthand flight spoilers at spoiler stations

195.36 and 204.36. The alert service

bulletin also describes procedures for

repetitive inspections if any damage is

within certain limits and replacement of

the left-hand and right-hand flight

spoiler with serviceable or new,

improved flight spoilers if any damage

is beyond certain limits.

Bombardier also 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 described in the

above alert service bulletin.

Accomplishment of the actions

specified in the service information

above is intended to adequately address

the identified unsafe condition.

TCCA classified the service

information above as mandatory and

also requires that the results of the

mandated inspections be reported to the

manufacturer. TCCA issued Canadian

airworthiness directive CF–2000–15,

dated June 6, 2000, 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 the

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 requires accomplishment

of the actions specified in the service

information described previously,

except as discussed below.

Differences Between This AD, the

Foreign AD, and the Service

Information

Although the manufacturer references

the number of flight cycles based on the

serialized components, the Canadian

AD specifies the number of flight cycles

based on cycles of the airplane. The

FAA considers that, since flight cycles

on airplanes may differ from those of

the flight cycles on flight spoilers,

specifying the number of flight cycles

on airplanes is, in this case, more

conservative and therefore, appropriate.

Operators should note that, although

TCCA specifies several different

compliance thresholds based on

accumulated flight cycles, this AD

specifies an inspection threshold of

‘‘prior to the accumulation of 3,000

flight cycles.’’ (As typically allowed in

AD’s, a grace period also has been

provided for airplanes on which the

flight cycle threshold has been

exceeded.) The lower inspection

threshold is necessary as a consequence

of the previously mentioned

uncommanded deployment of the flight

spoiler that occurred around 4,000 flight

cycles.

Interim Action

This action is considered to be

interim action. The FAA is currently

considering requiring replacement of

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, improved right-hand flight

spoiler having P/N 600–10602–74. Such

replacements will constitute terminating

action for the repetitive inspections

required by this AD action. However,

the planned compliance time for the

replacements is sufficiently long so that

notice and opportunity for prior public

comment will be practicable.

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

Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / Rules and Regulations 10189

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–299–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:

2001–03–04 Bombardier, Inc. (Formerly

Canadair): Amendment 39–12107.

Docket 2000–NM–299–AD.

Applicability: Model CL–600–2B19 series

airplanes, serial numbers 7003 through 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:

Inspections

(a) Prior to the accumulation of 3,000 total

flight cycles or within 30 days after the

effective date of this AD, whichever occurs

later: 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; per 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.

(i) 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.

(ii) 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.

(A) 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.

(B) If both flight spoilers are replaced with

new, improved spoilers having part number

P/N 600–10602–73 and P/N 600–10602–74,

no further action is required by paragraphs

(a) and (b) of this AD.

Optional Terminating Action

(c) Replacement of flight spoilers having

part number (P/N) 600–10602–1001 or 600–

10602–1002 with both a new, improved lefthand flight spoiler having P/N 600–10602–73

and a new, improved right-hand flight spoiler

having P/N 600–10602–74, as applicable; per

10190 Federal Register / Vol. 66, No. 31 / Wednesday, February 14, 2001 / Rules and Regulations

Bombardier Service Bulletin 601R–57–029,

dated May 30, 2000, constitutes terminating

action for the requirements of paragraphs (a)

and (b) of this AD.

Reporting Requirements

(d) Within 10 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 1A21.197 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

(g) The actions shall be done in accordance

with Bombardier Alert Service Bulletin

A601R–57–027, Revision C, dated May 30,

2000; and Bombardier Service Bulletin 601R–

57–029, dated May 30, 2000. 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. 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.

Note 4: The subject of this AD is addressed

in Canadian airworthiness directive CF–

2000–15, dated June 6, 2000.

Effective Date

(h) This amendment becomes effective on

March 1, 2001.

Issued in Renton, Washington, on February

6, 2001.

Vi L. Lipski,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 01–3563 Filed 2–13–01; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ACE–34]

Amendment to Class E Airspace;

Algona, IA

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This document confirms the

effective date of a direct final rule which

revises Class E airspace at Algona, IA.

EFFECTIVE DATE: 0901 UTC, March 22,

2001.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division,

Airspace Branch, ACE–520C, DOT

Regional Headquarters Building, Federal

Aviation Administration, 901 Locust,

Kansas City, MO 64106; telephone:

(816) 329–2525.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with a

request for comments in the Federal

Register on November 20, 2000 (65 FR

69662). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

believes that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, were received

within the comment period, the

regulation would become effective on

March 22, 2001. No adverse comments

were received, and thus this notice

confirms that this direct final rule will

become effective on that date.

Issued in Kansas City, MO on January 22,

2001.

Richard L. Day,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 01–3650 Filed 2–13–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8924]

RIN 1545–AY63

Liabilities Assumed in Certain

Corporate Transactions; Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to temporary and

final regulations.

SUMMARY: This document contains a

correction to temporary and final

regulations that were published in the

Federal Register on January 4, 2001 (66

FR 723). This document relates to the

assumption of liabilities in certain

corporate transactions under section 301

of the Internal Revenue Code.

DATES: This correction is effective

January 4, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary Dean (202) 622–7550 (not a tollfree number).

SUPPLEMENTARY INFORMATION:

Background

The temporary and final regulations

that are the subject of this correction are

under section 301 of the Internal

Revenue Code.

Need for Correction

As published, these temporary and

final regulations (TD 8924) contain an

error that may prove to be misleading

and is in need of clarification.

Correction of Publication

Accordingly, the publication of the

temporary and final regulations (TD

8924), which were the subject of FR

Doc. 01–200, is corrected as follows:

On page 723, column 3, in the

preamble under the paragraph heading

‘‘A. State of the Law Before the

Miscellaneous Trade and Technical

Corrections Act of 1999’’, line 6, the

language ‘‘distribution shall be reduced

(but now’’ is corrected to read

‘‘distribution shall be reduced (but not’’.

Cynthia E. Grigsby,

Chief, Regulations Unit, Office of Special

Counsel (Modernization and Strategic

Planning).

[FR Doc. 01–3775 Filed 2–13–01; 8:45 am]

BILLING CODE 4830–01–P