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[Federal Register Volume 65, Number 211 (Tuesday, October 31, 2000)]
[Proposed Rules]
[Pages 64898-64901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27947]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / 
Proposed Rules

[[Page 64898]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-142-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2B19 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-600-2B19 series airplanes, that currently requires, among other 
actions, certain revisions to the Airplane Flight Manual (AFM); and 
removal of all elevator flutter dampers. That AD also requires 
installation of new elevator flutter dampers, and replacement of shear 
pins and shear links with new improved shear pins and shear links. This 
action would add airplanes to the applicability of the existing AD; and 
would require replacing certain shear pins with new, improved shear 
pins; and, for certain airplanes, inspecting of the maintenance records 
to determine replacement status of the shear pins; and corrective 
actions, if necessary. This proposal is prompted by issuance of 
mandatory continuing airworthiness information by a foreign civil 
airworthiness authority. The actions specified by the proposed AD are 
intended to prevent premature failure of the shear pins of the elevator 
damper, which may increase the likelihood of jamming or restricting 
movement of the elevator and the resultant adverse effect on 
controllability of the airplane.

DATES: Comments must be received by November 30, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-142-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: [email protected]. Comments sent via fax or the Internet must contain 
``Docket No. 2000-NM-142-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 the proposed rule may be 
obtained from Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 
6087 Station A, Montreal, Quebec H3C 3G9, Canada. This information may 
be examined at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington; and at the FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
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:   

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    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 proposed 
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 proposed 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 summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-142-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-142-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On February 12, 1998, the FAA issued AD 98-04-45, amendment 39-
10356 (63 FR 9928, February 27, 1998), applicable to certain Bombardier 
Model CL-600-2B19 series airplanes, to require revisions to the 
Airplane Flight Manual (AFM) to advise the flight crew of the need to 
perform daily checks to verify proper operation of the elevator control 
system, and to restrict altitude and airspeed operations under certain 
conditions.
    That AD also requires removal of all elevator flutter dampers. That 
AD also requires inspections of certain airplanes to detect deformation 
or discrepancies of the flutter damper hinge fittings and lug of the 
horizontal stabilizer, the elevator hinge/damper fitting, and the shear 
pin lugs; and replacement of discrepant parts with serviceable parts. 
That AD also requires installation of new elevator flutter dampers, and 
replacement of shear pins and shear links with new, improved pins and 
links. That action was prompted by reports that the installation of 
certain

[[Page 64899]]

shear pins may jam or restrict movement of the elevator. The 
requirements of that AD are intended to prevent such jamming or 
restricting movement of the elevator and the resultant adverse effect 
on the controllability of the airplane.

Actions Since Issuance of Previous Rule

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has advised the FAA that, in several cases, the 
new shear pins of the elevator flutter dampers have failed. These 
improved shear pins were installed, as required by AD 98-04-45, and 
were intended to have a safe life limit of 20,000 flight cycles. 
However, in three cases, the failed shear pins had all been in service 
between 5,000 and 6,000 flight cycles. Investigation revealed that the 
failed shear pins did not meet the design specifications due to a 
quality control problem (improper hardness of the pins).

Explanation of Relevant Service Information

    The manufacturer has issued Canadair Regional Jet Service Bulletin 
S.B. 601R-27-100, Revision `A,' dated March 10, 2000, which describes 
procedures for the following:
     Part A of the Accomplishment Instructions: For certain 
airplanes, replacement of shear pins of the elevator flutter dampers 
with new, improved shear pins.
     Parts B and C of the Accomplishment Instructions: For 
certain other airplanes, inspection of the maintenance records to 
determine the replacement status of the shear pins of the elevator 
flutter dampers, and replacement of certain shear pins with new, 
improved shear pins.
    The manufacturer also has issued Canadair Regional Jet Temporary 
Revision RJ/68-1, dated February 15, 2000, to the AFM. The temporary 
revision describes procedures for re-introducing additional first-
flight-of-the-day checks of the elevator control system. These checks 
apply to certain airplanes on which the previously described service 
bulletin has not been accomplished.
    TCCA classified the service bulletin as mandatory and issued 
Canadian airworthiness directive CF-2000-10, dated March 23, 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, 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 Proposed 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, the proposed AD would supersede AD 98-04-45 to 
continue to require:
     Revisions to the AFM to advise the flight crew of the need 
to perform daily checks to verify proper operation of the elevator 
control system, and to restrict altitude and airspeed operations under 
certain conditions;
     Removal of all elevator flutter dampers;
     Inspections of certain airplanes to detect deformation or 
discrepancies of the flutter damper hinge fittings and lug of the 
horizontal stabilizer, the elevator hinge/damper fitting, and the shear 
pin lugs;
     Replacement of discrepant parts with serviceable parts; 
and
     Installation of new elevator flutter dampers.
    This new action would require adding airplanes to the applicability 
of the existing AD; replacing certain shear pins with new, improved 
shear pins; and, for certain airplanes, inspecting the maintenance 
records to determine replacement status of the shear pins, and 
corrective actions, if necessary. The actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.

Cost Impact

    There are approximately 214 Bombardier Model CL-600-2B19 series 
airplanes of U.S. registry that would be affected by this proposed AD.
    The removal of the elevator dampers and the AFM revision that are 
currently required by AD 98-04-45, and retained in this AD, take 
approximately 6 hours per airplane to accomplish, at an average rate of 
$60 per work hour. The FAA estimates that all affected U.S. operators 
have previously accomplished these requirements, therefore, the future 
cost impact of these requirements is minimal.
    The inspections that are currently required by AD 98-04-45, and 
retained in this AD, take approximately 26 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact of the inspection requirements of AD 98-
04-05 is estimated to be $1,560 per airplane.
    The installation of flutter dampers that is currently required by 
AD 98-04-45 takes approximately 12 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts would be provided at no cost to the operators by the 
manufacturer. Based on these figures the cost impact of the 
installation currently required AD 98-04-45 is estimated to be $720 per 
airplane.
    The new actions (i.e., replacement of the shear pins, check of 
maintainence records, and AFM revision) that are proposed in this AD 
action would take approximately 21 work hours per airplane to 
accomplish, at an average labor rate of $60 per work hour. Required 
parts are estimated to cost $801. Based on these figures, the cost 
impact of these proposed requirements of this AD on U.S. operators is 
estimated to be $441,054, or $2,061 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this AD were not adopted. The cost impact figures 
discussed in AD rulemaking actions represent only the time necessary to 
perform the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations proposed herein would 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 proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, will not have a significant economic impact, 
positive or negative,

[[Page 64900]]

on a substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. A copy of the draft regulatory evaluation 
prepared for this action is contained in the Rules Docket. A copy of it 
may be obtained by contacting the Rules Docket at the location provided 
under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-10356 (63 FR 
9928, February 27, 1998), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 2000-NM-142-AD. 
Supersedes AD 98-04-45, Amendment 39-10356.

    Applicability: Model CL-600-2B19 series airplanes, having serial 
numbers 7003 through 7357 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 (i) 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 premature failure of the shear pins of the elevator 
damper, which may increase the likelihood of jamming or restricting 
movement of the elevator and the resultant adverse effect on 
controllability of the airplane; accomplish the following:

Restatement of AFM Required by AD 
98-04-45

    (a) For airplanes having serial numbers 7003 through 7054 
inclusive: Within 30 days after January 26, 1994 (the effective date 
of AD 94-01-09, amendment 39-8791), revise the Limitations Section 
of the FAA-approved Airplane Flight Manual (AFM) to include the 
following restrictions of altitude and airspeed operations under 
conditions of single or double hydraulic system failure; and advise 
the flight crew of these revised limits. Revision of the AFM may be 
accomplished by inserting a copy of this AD or AFM Revision 34, 
dated June 12, 1995, in the AFM. Restrictions of altitude and 
airspeed operations under conditions of single or double hydraulic 
system failure are listed in the following tables.

------------------------------------------------------------------------
         Altitude limit  (maximum)            Airspeed limit  (maximum)
------------------------------------------------------------------------
                     Single Hydraulic System Failure
------------------------------------------------------------------------
 
 31,000 feet..............................  0.55 Mach (199 KIAS).
30,000 feet...............................  0.55 Mach (204 KIAS).
28,000 feet...............................  0.55 Mach (213 KIAS).
26,000 feet...............................  0.55 Mach (222 KIAS).
24,000 feet...............................  0.55 Mach (232 KIAS).
22,000 feet...............................  0.55 Mach (241 KIAS).
20,000 feet and below.....................  252 KIAS.
------------------------------------------------------------------------
 
                     Double Hydraulic System Failure
------------------------------------------------------------------------
10,000 feet...............................  200 KIAS.
------------------------------------------------------------------------

    Note 2: The restrictions described in the AFM Temporary Revision 
(TR) RJ/30, dated December 16, 1993, meet the requirements of this 
paragraph. Therefore, inserting a copy of TR RJ/30 in lieu of this 
AD in the AFM is considered an acceptable means of compliance with 
this paragraph.

Restatement of AFM Revision Required by AD 98-04-45

    (b) Within 7 days after December 14, 1994 (the effective date of 
AD 94-24-02, amendment 39-9075), accomplish the requirements of 
paragraph (b)(1) and (b)(2) of this AD.
    (1) Remove the elevator dampers in accordance with Canadair 
Regional Jet Alert Service Bulletin S.B. A601R-27-041, dated October 
28, 1994.
    (2) Revise the Limitations Section of the FAA-approved AFM to 
include the following, which advises the flight crew of daily checks 
to verify proper operation of the elevator control system. Revision 
of the AFM may be accomplished by inserting a copy of this AD or AFM 
Revision 32, dated March 30, 1995, in the AFM.

    Note 3: The daily check described in the AFM TR RJ/40, dated 
October 28, 1994, meets the requirements of this paragraph. 
Therefore, inserting a copy of TR RJ/40 into the AFM in lieu of this 
AD is considered an acceptable means of compliance with this 
paragraph.

``Elevator, Before Engine Start (First Flight of Day)
 
 (1) Elevator....................  Check..........  Travel range (to
                                                     approximately \1/2\
                                                     travel) using each
                                                     hydraulic system in
                                                     turn, with the
                                                     other hydraulic
                                                     systems
                                                     depressurized.''
 

Restatement of Inspections Required by AD 98-04-45

    (c) For airplanes having serial numbers 7003 through 7049 
inclusive: Within 12 months after April 3, 1998 (the effective date 
of AD 98-04-45, amendment 39-10356), perform the actions required in 
paragraphs (c)(1), (c)(2), and (c)(3) of this AD, as applicable, in 
accordance with Section 2.B., Part A, of Canadair Regional Jet 
Service Bulletin S.B. 601R-27-040, Revision `B,' dated September 11, 
1995.
    (1) Remove the shear pins and shear links of the flutter dampers 
and perform a visual inspection to detect any deformation or 
discrepancy of the flutter damper hinge fitting and lug of the 
horizontal stabilizer. Prior to further flight, replace any deformed 
or discrepant part with a serviceable part in accordance with the 
service bulletin.
    (2) Perform a visual inspection to detect any deformation or 
discrepancy of the elevator hinge/damper fitting and shear pin lugs. 
Prior to further flight, replace any discrepant part with a 
serviceable part in accordance with the service bulletin.
    (3) Perform a fluorescent penetrant inspection and a dimensional 
inspection to detect any deformation or discrepancy of the shear pin 
lugs. If any deformation or discrepancy is found on the lugs, prior 
to further flight, replace the elevator with a new or serviceable 
elevator in accordance with the service bulletin.

    Note 4: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (d) For airplanes having serial numbers 7003 through 7054: 
Within 12 months after April 3, 1998 (the effective date of AD 98-
04-45, amendment 39-10356), install new elevator flutter dampers (P/
N 601R75142-7) in accordance with Section 2.B., Part B, of Canadair 
Regional Jet Service Bulletin S.B. 601R-27-040, Revision `B,' dated 
September 11, 1995.

New Requirements of This AD: Installation of Shear Pins

    (e) For airplanes having serial numbers 7003 through 7142 
inclusive, and 7144:
    Within 12 months after the effective date of this AD, install 
new shear pins [part number (P/N) 601R24063-31/S] in accordance with 
Part A of the Accomplishment Instructions of Canadair Regional Jet 
Service Bulletin S.B. 601R-27-100, Revision `A,' dated March 10, 
2000.

[[Page 64901]]

After accomplishment of the installation of new shear pins, Canadair 
Regional Jet TR RJ/68-1, dated February 15, 2000, may be removed 
from the AFM.

Inspection of Maintenance Records Required by This AD

    (f) For airplanes having serial numbers 7143, and 7145 through 
7357 inclusive: Within 14 days after the effective date of this AD, 
perform a one-time inspection of the maintenance records to 
determine the replacement status of the shear pins of the elevator 
flutter dampers, in accordance with Part B of the Accomplishment 
Instructions of Canadair Regional Jet Service Bulletin S.B. 601R-27-
100, Revision `A,' dated March 10, 2000.
    (1) If the maintenance records indicate that all shear pins were 
NOT replaced after delivery of the airplane, or if all shear pins 
were replaced with shear pins having P/N 601R24063-31/S: No further 
action is required by this AD.
    (2) If the maintenance records indicate that any shear pin was 
replaced after delivery of the airplane with a shear pin having P/N 
601R24063-31 or 601R24063-953, or if the maintenance records do not 
verify that all shear pins having P/N 601R24063-31/S are installed: 
Accomplish the requirements of paragraph (g) of this AD at the times 
specified in that paragraph.

AFM Revision and Replacement Required by This AD

    (g) For airplanes on which any shear pin of the elevator flutter 
dampers of the elevators was replaced after delivery of the airplane 
with a shear pin having P/N 601R24063-31 or 601R24063-953, or for 
airplanes on which verification of shear pins having P/N 601R24063-
31/S is not possible: Accomplish the requirements of paragraphs 
(g)(1) and (g)(2) of this AD at the times specified in those 
paragraphs.
    (1) Within 30 days after the effective date of this AD, revise 
the Normal Procedures Section of the AFM by inserting Canadair 
Regional Jet TR RJ/68-1, dated February 15, 2000 in the AFM, which 
advises the flight crew of an additional first-flight-of-the-day 
check of the elevator control system.
    (2) Within 12 months after the effective date of this AD, 
replace the shear pins with new, improved shear pins having P/N 
601R24063-31/S, in accordance with Part C of the Accomplishment 
Instructions of Canadair Regional Jet Service Bulletin S.B. 601R-27-
100, Revision `A,' dated March 10, 2000. After accomplishment of the 
installation of new shear pins, the temporary revision required by 
paragraph (g)(1) of this AD may be removed from the AFM.

Spares

    (h) As of the effective date of this AD, no person shall install 
a shear pin of the elevator flutter dampers having P/N 601R24063-31 
or 601R24063-953 on any airplane.

Alternative Methods of Compliance

    (i) 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 5: 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

    (j) 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.

    Note 6: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2000-10, dated March 23, 2000.

    Issued in Renton, Washington, on October 25, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-27947 Filed 10-30-00; 8:45 am]
BILLING CODE 4910-13-P
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