[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Rules and Regulations]
[Pages 65521-65523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30961]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-238-AD; Amendment 39-9465; AD 95-26-07]


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100) Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Bombardier Model CL-600-2B19 series airplanes. 
This action requires revising the Limitations Section of the Airplane 
Flight Manual to provide the flight crew with procedures to check the 
travel range of the aileron. This action also requires inspection for 
damage of the shear pins of the aileron flutter damper and aileron 
hinge fittings, and various follow-on actions. This amendment is 
prompted by reports of failure of shear pins in the aileron flutter 
damper. The actions specified in this 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.

DATES: Effective January 4, 1996.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of January 4, 1996.
    Comments for inclusion in the Rules Docket must be received on or 
before February 20, 1996.
ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-238-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD 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; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Franco Pieri, Aerospace Engineer, 
Airframe Branch, ANE-172, FAA, Engine and Propeller Directorate, New 
York Aircraft Certification Office, 10 Fifth Street, Third Floor, 
Valley Stream, New York 11581; telephone (516) 256-7526; fax (516) 568-
2716.

SUPPLEMENTARY INFORMATION: Transport Canada Aviation, which is the 
airworthiness authority for Canada, recently notified the FAA that an 
unsafe condition may exist on certain Bombardier Model CL-600-2B19 
(Regional Jet Series 100) series airplanes. Transport Canada Aviation 
advises that it has received reports indicating that the shear pins of 
the aileron flutter damper had failed. Investigation revealed that the 
shear pins had sheared off and migrated out, which subsequently damaged 
the aileron hinge fittings. This condition, if not corrected, could 
result in reduced controllability of the airplane.
    Bombardier has issued Canadair Regional Jet Alert Service Bulletin 
S.B. A601R-27-058, Revision ``A,'' dated September 8, 1995, which 
describes procedures for:
    1. A visual inspection to detect damage of the shear link, the 
shear pin, and the aileron attachment fitting;
    2. Repair of the aileron attachment fitting, if necessary;
    3. For airplanes on which any damaged shear pin is found, removal 
of the aileron flutter dampers, the shear links, the pivots, and the 
attaching hardware;
    4. For certain airplanes on which no damaged shear pin is found, 
repetitive visual inspections to detect damage of the shear link, the 
shear pin, and the aileron attachment fitting until the aileron flutter 
dampers are removed. 

[[Page 65522]]

    Transport Canada Aviation classified the alert service bulletin as 
mandatory, and issued Canadian airworthiness directive CF-95-14, dated 
September 11, 1995, in order to assure the continued airworthiness of 
these airplanes in Canada.
    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.
    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 is being issued to prevent damage to the 
aileron hinge fittings due to the failure of the shear pins, which 
could cause subsequent reduced controllability of the airplane. This AD 
requires revising the Limitations Section of the FAA-approved Airplane 
Flight Manual to provide the flight crew with procedures to check the 
travel range of the aileron prior to the first flight of the day. Such 
checks are necessary to verify proper operation of the aileron control 
system. The FAA has determined that these checks may be properly 
performed by pilots because the checks do not require the use of tools, 
precision measuring equipment, training, pilot logbook endorsements, or 
the use of reference to technical data that are not contained in the 
body of the AD.
    This AD also requires 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. This AD also 
requires removal of the aileron flutter dampers, the shear links, the 
pivots, and the attaching hardware for airplanes on which any damage to 
the shear pin is detected. For certain airplanes on which no damaged 
shear pin is found, this AD provides for accomplishment of the visual 
inspections on a repetitive basis until the aileron flutter dampers are 
removed. These actions are required to be accomplished in accordance 
with the alert service bulletin described previously.
    Operators should note that, although the relevant Transport Canada 
Aviation airworthiness directive requires the visual inspection of all 
aileron flutter damper shear pins and aileron hinge fittings within 7 
calendar days or at the next scheduled shear pin replacement, this AD 
requires that inspection to be performed within 30 days. The FAA has 
determined that an interval of 30 days will address the identified 
unsafe condition in a timely manner. In recent communications with 
Transport Canada Aviation and the manufacturer, the FAA finds that the 
unsafe condition was not as urgent as it initially appeared to be. In 
developing an appropriate compliance time for this AD, the FAA 
considered not only the manufacturer's recommendation, but also the 
average utilization of the affected fleet and the time necessary to 
perform the required actions (10 work hours). In light of all these 
factors, the FAA finds 30 days to be an appropriate compliance time for 
initiating the required actions in that it represents the maximum 
interval of time allowable for affected airplanes to continue to 
operate without compromising safety.
    This is considered to be interim action. Once a terminating 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.
    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment 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.
    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 95-NM-238-AD.'' The postcard will be date stamped and 
returned to the commenter.
    The regulations adopted herein will 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    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: 

[[Page 65523]]


PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

95-26-07  Bombardier, Inc. (Formerly Canadair): Amendment 39-9465. 
Docket 95-NM-238-AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100) 
series airplanes, serial numbers 7003 through 7079 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 use the authority 
provided in paragraph (e) of this AD to request approval from the 
FAA. This approval may address either no action, if the current 
configuration eliminates the unsafe condition; or different actions 
necessary to address the unsafe condition described in this AD. Such 
a request should include an assessment of the effect of the changed 
configuration on the unsafe condition addressed by this AD. In no 
case does the presence of any modification, alteration, or repair 
remove any airplane from the applicability of this AD.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent damage to the aileron hinge fittings due to failure 
of the shear pins, which could cause subsequent reduced 
controllability of the airplane; accomplish the following:
    (a) Within 7 days after the effective date of this AD, 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, 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.
    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) 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, and 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 the effective date of the AD.
    (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 the effective date of the AD.
    (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.
    (f) 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 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

    (g) 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.
    (h) The inspections, removal, and repair shall be done in 
accordance with Canadair Regional Jet Alert Service Bulletin S.B. 
A601R-27-058, Revision `A,' dated September 8, 1995. 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 Centreville, Quebec H3C 3G9, 
Canada. Copies may be inspected 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; 
or at the Office of the Federal Register, 800 North Capitol Street 
NW., suite 700, Washington, DC.
    (i) This amendment becomes effective on January 4, 1996.

    Issued in Renton, Washington, on December 13, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-30961 Filed 12-19-95; 8:45 am]
BILLING CODE 4910-13-U