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.

Proposed Rules Federal Register

18302

Vol. 62, No. 72

Tuesday, April 15, 1997

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).

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 Centreville, 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
Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules 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.

§ 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
18304 Federal Register / Vol. 62, No. 72 / Tuesday, April 15, 1997 / Proposed Rules

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–36–AD]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–7 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all de

Havilland Model DHC–7 series

airplanes. This proposal would require

revising the Airplane Flight Manual

(AFM) to prohibit positioning of the

power levers below the flight idle stop

while the airplane is in flight, and to

provide a statement of the consequences

of positioning the power levers below

the flight idle stop. This proposal is

prompted by incidents and accidents