[Federal Register: February 17, 2005 (Volume 70, Number 32)]
[Rules and Regulations]
[Page 8025-8028]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe05-2]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
[[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