[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Proposed Rules]
[Pages 18302-18304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9594]


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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. 62, No. 72 / Tuesday, April 15, 1997 / 
Proposed Rules

[[Page 18302]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97-NM-48-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100) 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 AD currently requires revising the 
Limitations Section of the Airplane Flight Manual (AFM) to provide the 
flight crew with procedures to check the travel range of the aileron. 
It also requires inspection for damage of the shear pins of the aileron 
flutter damper and aileron hinge fittings, and various follow-on 
actions. This action would add a requirement for accomplishment of an 
installation that eliminates the need for the AFM revision. This action 
also would add airplanes to the applicability of the existing AD. This 
proposal is prompted by reports of failure of shear pins in the aileron 
flutter damper. The actions specified by the proposed AD are intended 
to prevent damage to the aileron hinge fittings due to failed shear 
pins, and consequent reduced controllability of the airplane.

DATES: Comments must be received by May 23, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 97-NM-48-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.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Canadair Aerospace Group, P.O. Box 
6087, Station Centre-ville, 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, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT: Franco Pieri, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581; telephone (516) 
256-7526; fax (568) 258-2716.

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.
    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 97-NM-48-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-103, Attention: Rules 
Docket No. 97-NM-48-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On December 13, 1995, the FAA issued AD 95-26-07, amendment 39-9465 
(60 FR 65521, December 20, 1995), applicable to certain Bombardier 
Model CL-600-2B19 series airplanes. That AD requires the following 
actions:
    1. Revising the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to provide the flight crew with procedures to check 
the travel range of the aileron.
    2. A visual inspection to detect damage of the shear link, the 
shear pin, and the aileron attachment fitting; and repair of the 
aileron attachment fitting, if necessary.
    3. Removal of the aileron flutter dampers, the shear links, the 
pivots, and the attaching hardware.
    Additionally, for certain airplanes on which no damaged shear pin 
is found, that AD provides for accomplishment of the visual inspections 
on a repetitive basis until the aileron flutter dampers are removed.
    That action was prompted by reports of failure of shear pins in the 
aileron flutter damper. The requirements of that AD are intended to 
prevent damage to the aileron hinge fittings due to failed shear pins, 
which subsequently could cause reduced controllability of the airplane.

Actions Since Issuance of Previous Rule

    In the preamble to AD 95-26-07, the FAA specified that the actions 
required by that AD were considered ``interim action'' and that once a 
terminating modification is developed, approved, and available, the FAA 
may consider additional rulemaking action. The manufacturer now has 
developed such a modification, and the FAA has determined that further 
rulemaking action is indeed necessary; this proposed AD follows from 
that determination.

Issuance of New Service Information

    The manufacturer has issued Canadair Regional Jet Service Bulletin 
S.B. 601R-27-065, dated September 16, 1996. This

[[Page 18303]]

service bulletin describes procedures for the installation of 
redesigned aileron flutter damper shear pins and shear links, the 
aileron flutter dampers, pivots, and new shear link assemblies. 
Accomplishment of this installation will provide increased reliability 
for the aileron system. Accomplishment of the installation eliminates 
the need for the AFM revision.
    The manufacturer also has released Temporary Revision (TR) RJ/45-2, 
dated April 30, 1996, of the AFM. That TR adds airplanes to its 
effectivity. The TR indicates that the daily checks to verify proper 
operation of the aileron control system must be performed on these 
additional airplanes.
    Transport Canada Aviation, which is the airworthiness authority for 
Canada, classified this service information as mandatory, and issued 
Canadian airworthiness directive CF-95-14R1, dated November 13, 1996, 
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, Transport Canada Aviation has kept 
the FAA informed of the situation described above. The FAA has examined 
the findings of Transport Canada Aviation, 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 95-26-07. It 
would continue to require the following:
    1. Revision of the Limitations Section of the AFM that advises the 
flight crew of the need to perform daily checks to check the travel 
range of the aileron control system;
    2. Visual inspection to detect damage of the shear link, the shear 
pin, and the aileron attachment fitting, and repair of the aileron 
attachment fitting, if necessary;
    3. Removal of the aileron flutter dampers, the shear links, the 
pivots, and the attaching hardware.
    Additionally, for certain airplanes on which no damaged shear pin 
is found, that AD provides for accomplishment of the visual inspections 
on a repetitive basis until the aileron flutter dampers are removed.
    This new proposed AD would revise the applicability of the existing 
AD to add certain airplanes that are subject to the currently required 
AFM revision. This proposed AD also would require installation of 
redesigned aileron flutter damper shear pins and shear links, aileron 
flutter dampers, pivots, and new shear link assemblies. Accomplishment 
of the installation constitutes terminating action for the AFM 
revision.
    The actions would be required to be accomplished in accordance with 
the service bulletin and AFM TR described previously.

Cost Impact

    There are approximately 41 Bombardier Model CL-600-2B19 series 
airplanes of U.S. registry that would be affected by this proposed AD.
    The actions that are currently required by AD 95-26-07 take 
approximately 10 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 currently required actions on U.S. operators is estimated 
to be $24,600, or $600 per airplane.
    The new actions that are proposed in this AD action would take 
approximately 7 work hours per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would be supplied by 
the manufacturer at no cost to the operators. Based on these figures, 
the cost impact of the proposed requirements of this AD on U.S. 
operators is estimated to be $17,220, or $420 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would not have substantial direct 
effects 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, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    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, 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 39-9465 (60 FR 
65521, December 20, 1995), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 97-NM-48-AD. Supersedes 
AD 95-26-07, Amendment 39-9465.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100) 
series airplanes, serial numbers 7003 through 7134 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 
otherwise 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 damage to the aileron hinge fittings due to failure 
of the shear pins, and

[[Page 18304]]

consequent reduced controllability of the airplane, accomplish the 
following:

Restatement of Requirements of AD 95-26-07:

    (a) For airplanes having serial numbers 7003 through 7079 
inclusive: Within 7 days after January 4, 1996 (the effective date 
of AD 95-26-07, amendment 39-9465), revise the Limitations Section 
of the FAA-approved Airplane Flight Manual (AFM) to include the 
following. This may be accomplished by inserting a copy of this AD 
in the AFM.
    ``Before engine start, prior to the first flight of each day, 
the flight crew or certificated maintenance personnel shall perform 
a check of the travel range of the aileron as follows:

Aileron--Check travel range (to approx 1/2 travel) using each 
hydraulic system in turn, with the other hydraulic systems 
depressurized.''

    Note 2: This AFM revision may also be accomplished by inserting 
a copy of Temporary Revision RJ/45, dated September 7, 1995, or 
Temporary Revision RJ/45-2, dated April 30, 1996, in the AFM. When 
these temporary revisions have been incorporated into general 
revisions of the AFM, the general revisions may be inserted in the 
AFM, provided the information contained in the general revisions is 
identical to that specified in Temporary Revision RJ/45 or RJ/45-2.
    Note 3: Operators should note that operation of the aircraft 
remains restricted to the altitude and airspeed limits currently 
specified in the FAA-approved AFM, Revision 34, Chapter 5, Abnormal 
Procedures, Section 13, Hydraulic Power, Paragraphs ``A'' through 
``C'' and ``M'' through ``O.''
    (b) For airplanes having serial numbers 7003 through 7079 
inclusive: Perform a visual inspection to detect damage of the shear 
link, the shear pin, and the aileron attachment fitting, in 
accordance with Canadair Regional Jet Alert Service Bulletin S.B. 
A601R-27-058, Revision 'A,' dated September 8, 1995, at the time 
specified in paragraph (b)(1) or (b)(2) of this AD, as applicable.
    (1) For airplanes having serial numbers 7003 through 7054 
inclusive: Inspect at the next scheduled shear pin replacement, but 
no later than 30 days after January 4, 1996.
    (2) For airplanes having serial numbers 7055 through 7079 
inclusive: Inspect at the next scheduled shear pin replacement, but 
no later than 400 flight hours after January 4, 1996.
    (c) If no shear pin is found to be damaged during the inspection 
required by paragraph (b) of this AD, accomplish the requirements of 
either paragraph (c)(1) or (c)(2), as applicable, at the times 
specified:
    (1) For airplanes having serial numbers 7003 through 7054 
inclusive: At the next scheduled shear pin replacement, but no later 
than 400 flight hours after accomplishing the inspection specified 
in paragraph (b) of this AD, remove the aileron flutter dampers, 
shear link, and pivot, in accordance with Canadair Regional Jet 
Alert Service Bulletin S.B. A601R-27-058, Revision `A,' dated 
September 8, 1995. Following removal of the flutter dampers, the 
shear pin replacement in accordance with the FAA-approved 
maintenance program is not required.
    (2) For airplanes having serial numbers 7055 through 7079 
inclusive: Repeat the inspection required by paragraph (b) of this 
AD at intervals not to exceed 400 flight hours. At the next 
scheduled shear pin replacement, but no later than 1,500 landings 
after accomplishing the initial inspection specified in paragraph 
(b) of this AD, remove the aileron flutter dampers, shear link, and 
pivot, in accordance with Canadair Regional Jet Alert Service 
Bulletin S.B. A601R-27-058, Revision `A,' dated September 8, 1995. 
Following removal of the flutter dampers, the shear pin replacement 
in accordance with the FAA-approved maintenance program is not 
required.
    (d) If any shear pin is found to be damaged during the 
inspection required by paragraph (b) of this AD, prior to further 
flight, remove the aileron flutter dampers, shear link, and pivot, 
in accordance with Canadair Regional Jet Alert Service Bulletin S.B. 
A601R-27-058, Revision `A,' dated September 8, 1995. Following 
removal of the flutter dampers, shear pin replacement in accordance 
with the FAA-approved maintenance program is not required.
    (e) If any aileron hinge fitting is found to be damaged during 
the inspection required by paragraph (b) of this AD, prior to 
further flight, repair in accordance with Canadair Regional Jet 
Alert Service Bulletin S.B. A601R-27-058, Revision `A,' dated 
September 8, 1995.

New Requirements of this AD

    (f) For airplanes having serial numbers 7080 through 7134 
inclusive: Within 7 days after the effective date of this AD, revise 
the Limitations Section of the FAA-approved AFM to include the 
following. This may be accomplished by inserting a copy of this AD 
in the AFM.

    ``Before engine start, prior to the first flight of each day, 
the flight crew or certificated maintenance personnel shall perform 
a check of the travel range of the aileron as follows:

Aileron--Check travel range (to approx 1/2 travel) using each 
hydraulic system in turn, with the other hydraulic systems 
depressurized.''

    Note 4: This AFM revision may also be accomplished by inserting 
a copy of Temporary Revision RJ/45-2, dated April 30, 1996, in the 
AFM. When this temporary revision has been incorporated into general 
revisions of the AFM, the general revisions may be inserted in the 
AFM, provided the information contained in the general revisions is 
identical to that specified in Temporary Revision RJ/45-2.
    Note 5: Operators should note that operation of the aircraft 
remains restricted to the altitude and airspeed limits currently 
specified in the FAA-approved AFM, Revision 34, Chapter 5, Abnormal 
Procedures, Section 13, Hydraulic Power, Paragraphs ``A'' through 
``C'' and ``M'' through ``O.''

    (g) For airplanes having serial numbers 7003 through 7134 
inclusive: Within 18 months after the effective date of this AD, 
install redesigned aileron flutter damper shear pins and shear 
links, aileron flutter dampers, pivots, and new shear link 
assemblies; in accordance with Canadair Service Bulletin S.B. 601R-
27-065, dated September 16, 1996. Accomplishment of this 
installation constitutes terminating action for the AFM revisions 
required by paragraphs (a) and (f) of this AD.
    (h) As of the effective date of this AD, no person shall install 
an aileron flutter damper assembly, part number 600-10179-1, on any 
airplane.
    (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, Engine and Propeller Directorate. 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 6: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

    (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.

    Issued in Renton, Washington, on April 8, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-9594 Filed 4-14-97; 8:45 am]
BILLING CODE 4910-13-U