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

9302

Vol. 60, No. 33

Friday, February 17, 1995

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

[Summary Notice No. PR–95–1]

Petition for Rulemaking: Summary of

Petitions Received; Dispositions of

Petitions

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of petitions for

rulemaking received and of dispositions

of prior petitions.

SUMMARY: Pursuant to FAA’s rulemaking

provisions governing the application,

processing, and disposition of petitions

for rulemaking (14 CFR part 11), this

notice contains a summary of certain

petitions requesting the initiation of

rulemaking procedures for the

amendment of specified provisions of

the Federal Aviation Regulations and of

denials or withdrawals of certain

petitions previously received. The

purpose of this notice is to improve the

public’s awareness of, and participation

in, this aspect of FAA’s regulatory

activities. Neither publication of this

notice nor the inclusion or omission of

information in the summary is intended

to affect the legal status of any petition

or its final disposition.

DATES: Comments on petitions received

must identify the petition docket

number involved and must be received

April 18, 1995.

ADDRESSES: Send comments on any

petition in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attn: Rules Docket No.

llllll, 800 Independence

Avenue, SW., Washington, D.C. 20591.

The petition, any comments received,

and a copy of any final disposition are

filed in the assigned regulatory docket

and are available for examination in the

Rules Docket (AGC–200), Room 915G,

FAA Headquarters Building (FOB 10A),

800 Independence Ave., SW.,

Washington, D.C. 20591; telephone

(202) 267–3132.

FOR FURTHER INFORMATION CONTACT: Mr.

D. Michael Smith, Office of Rulemaking

(ARM–1), Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, D.C. 20591;

telephone (202) 267–7470.

This notice is published pursuant to

paragraphs (b) and (f) of § 11.27 of Part

11 of the Federal Aviation Regulations

(14 CFR Part 11).

Issued in Washington, D.C. on February 6,

1995.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

Petitions for Rulemaking

Docket No.: 27956

Petitioner: Air Line Pilots Association

Regulations Affected: 14 CFR

appendixes I and J, part 121

Description of Rulechange Sought: To

add procedural safeguards, including

notice and hearing requirements, for

pilots and other airline employees

accused of conduct that would bar

them from continuing in their

occupations.

Petitioner’s Reason for the Request: The

petitioner feels that the FAA’s

permanent ban regulation fails to

provide due process of law and

should be modified to provide at least

the process accorded in a certificate

revocation proceeding.

[FR Doc. 95–4074 Filed 2–16–95; 8:45 am]

BILLING CODE 4910–13–M

14 CFR Part 39

[Docket No. 94–NM–239–AD]

Airworthiness Directives; Bombardier

Model CL–600–1A11 (CL–600), –2A12

(CL–601), –2B16 (CL–601–3A, –3R),

and –2B19 (Regional Jet Series 100)

Series Airplanes, Equipped with

Sundstrand Air Driven Generator

(ADG) Uplock Assembly

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

certain Bombardier Model CL–600–

1A11, –2A12, –2B16, and –2B19 series

airplanes. This proposal would require

an inspection to verify the proper

operation of the uplock latch of the air

driven generator (ADG), and

replacement of the uplock latch with a

serviceable part, if necessary. This

proposal would also require replacing

the uplock assembly with a modified

uplock assembly, and performing a

rigging inspection. This proposal is

prompted by a report indicating that,

upon operation of the manual release

system, the ADG did not deploy due to

failure of the shaft pin. The actions

specified by the proposed AD are

intended to prevent failure of the shaft

pin, which could lead to the inability of

the pilot to manually deploy the ADG

when necessary (i.e., when an airplane’s

primary electrical power sources are lost

and the ADG fails to deploy

automatically).

DATES: Comments must be received by

March 31, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 94–NM–

239–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, Montreal, 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, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream New York.

FOR FURTHER INFORMATION CONTACT:

Wing Chan, Electronics Engineer,

Systems and Equipment Branch, ANE–

173, FAA, Engine and Propeller

Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7511; fax

(516) 568–2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9303

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 94–NM–239–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.

94–NM–239–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

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–600–1A11 (CL–

600), –2A12 (CL–601), –2B16 (CL–601–

3A, –3R), and –2B19 (Regional Jet Series

100) series airplanes, equipped with a

certain Sundstrand air driven generator

(ADG) uplock assembly. Transport

Canada Aviation advises that, upon

operation of the manual release system,

the air driven generator (ADG) did not

deploy. Investigation has revealed that

the cause of this failure has been

attributed to a broken shaft pin in the

ADG uplock assembly. Failure of the

shaft pin could lead to the inability of

the pilot to manually deploy the ADG

when necessary (i.e., when an airplane’s

primary electrical power sources are lost

and the ADG fails to deploy

automatically). If this were to occur, all

electrical power on the airplane would

be lost.

Bombardier has issued Canadair

Regional Jet Alert Service Bulletin S.B.

A1601R–24–019, Revision ‘A’, dated

August 9, 1994 (for Model CL–600–2B19

series airplanes); Canadair Challenger

Service Bulletin 600–0638, dated April

25, 1994 (for Model CL–600–1A11 series

airplanes); and Canadair Challenger

Service Bulletin 601–0430, dated April

25, 1994 (for Model CL–600–2A12 and

–2B16 series airplanes). These service

bulletins describe procedures for a onetime inspection to verify the proper

operation of the uplock latch of the

ADG, and replacement of the uplock

latch with a serviceable part, if the

uplock latch cannot be activated. These

service bulletins also describe

procedures for replacing the uplock

assembly with a modified uplock

assembly, and performing a rigging

inspection. Transport Canada Aviation

classified these service bulletins as

mandatory and issued Canadian

airworthiness directive CF–94–14, dated

September 7, 1994 (for Model CL–600–

2B19 series airplanes); and Canadian

airworthiness directive CF–94–13, dated

September 1, 1994 (for Model CL–600–

1A11, –2A12, and –2B16 series

airplanes); 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,

the Transport Canada Aviation has kept

the FAA informed of the situation

described above. The FAA has

examined the findings of the 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, the proposed AD would require

a one-time inspection to verify the

proper operation of the uplock latch of

the ADG, and replacement of the uplock

latch with a serviceable part, if the

uplock latch cannot be activated. The

proposed AD would also require

replacing the uplock assembly with a

modified uplock assembly, and

performing a rigging inspection. The

actions would be required to be

accomplished in accordance with the

service bulletins described previously.

As a result of recent communications

with the Air Transport Association

(ATA) of America, the FAA has learned

that, in general, some operators may

misunderstand the legal effect of AD’s

on airplanes that are identified in the

applicability provision of the AD, but

that have been altered or repaired in the

area addressed by the AD. The FAA

points out that all airplanes identified in

the applicability provision of an AD are

legally subject to the AD. If an airplane

has been altered or repaired in the

affected area in such a way as to affect

compliance with the AD, the owner or

operator is required to obtain FAA

approval for an alternative method of

compliance with the AD, in accordance

with the paragraph of each AD that

provides for such approvals. A note has

been included in this notice to clarify

this requirement.

The FAA estimates that 194 airplanes

of U.S. registry would be affected by this

proposed AD, that it would take

approximately 6 work hours per

airplane to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would be supplied by the manufacturer

at no cost to the operators. Based on

these figures, the total cost impact of the

proposed AD on U.S. operators is

estimated to be $69,840, or $360 per

airplane.

The total cost impact figure discussed

above is 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 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.’’
9304 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

Bombardier Inc. (Formerly Canadair):

Docket 94–NM–239–AD.

Applicability: Model CL–600–1A11 (CL–

600) series airplanes, serial numbers 1004

through 1085 inclusive; Model CL–600–2A12

(CL–601) series airplanes, serial numbers

3001 through 3066 inclusive; Model CL–600–

2B16 (CL–601–3A, –3R) series airplanes,

serial numbers 5001 through 5150 inclusive;

Model CL–500–2B19 (Regional Jet Series 100)

series airplanes, serial numbers 7003 through

7040 inclusive; equipped with Sundstrand

air driven generator (ADG) uplock assembly

having part number 721863, 721863A, or

721863B; 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 (c) 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 failure of the shaft pin, which

could lead to the inability of the pilot to

manually deploy the air driven generator

(ADG) when necessary (i.e., when an

airplane’s primary electrical power sources

are lost and the ADG fails to deploy

automatically), accomplish the following:

(a) For Model CL–600–2B19 (Regional Jet

Series 100) series airplanes equipped with

Sundstrand ADG uplock assembly having P/

N 721863B: Accomplish paragraphs (a)(1),

(a)(2), and (a)(3), in accordance with

Canadair Alert Service Bulletin S.B. 1601R–

24–019, Revision ‘A’, dated August 9, 1994.

(1) Within 600 flight hours after the

effective date of this AD, perform an

inspection to verify the proper operation of

the uplock latch of the ADG, in accordance

with the Accomplishment Instructions of the

service bulletin. If the uplock latch cannot be

activated, prior to further flight, replace the

uplock latch with a serviceable part in

accordance with the service bulletin.

(2) Within 12 months after the effective

date of this AD, replace the uplock assembly

with a modified uplock assembly, in

accordance with the Accomplishment

Instructions of the service bulletin.

(3) After accomplishment of paragraph

(a)(1) or (a)(2) of this AD, perform a rigging

inspection in accordance with the

Accomplishment Instructions of the service

bulletin.

(b) For Model CL–600–2A12, CL–2B16,

and CL–600–1A11 series airplanes:

Accomplish paragraphs (b)(1), (b)(2), and

(b)(3), in accordance with Canadair Service

Bulletin 600–0638, dated April 25, 1994 (for

Model CL–600–1A11 series airplanes), or

Canadair Service Bulletin 601–0430, dated

April 25, 1994 (for Model CL–600–2A12 and

–2B15 series airplanes), as applicable.

(1) Within 150 flight hours after the

effective date of this AD, perform an

inspection to verify the proper operation of

the uplock latch of the ADG, in accordance

with the Accomplishment Instructions of the

applicable service bulletin. If the uplock

latch cannot be activated, prior to further

flight, replace the uplock latch with a

serviceable part, in accordance with the

applicable service bulletin.

(2) Within 12 months after the effective

date of this AD, replace the uplock assembly

with a modified uplock assembly, in

accordance with the Accomplishment

Instructions of the applicable service

bulletin.

(3) After accomplishment of paragraph

(b)(1) or (b)(2) of this AD, perform a rigging

inspection in accordance with the

Accomplishment Instructions of the

applicable service bulletin.

(c) 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 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(d) 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 February

13, 1995.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–4002 Filed 2–16–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 39

[Docket No. 94–NM–189–AD]

Airworthiness Directives; Jetstream

Model 4101 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

certain Jetstream Model 4101 airplanes.

This proposal would require an

inspection to determine if a travel stop

(screw) is installed at the flight control

assembly, and various follow-on

actions. This proposal is prompted by a

report of failure of the travel stop, which

allowed the elevator and aileron

disconnect handles to rotate within the

housing due to migration of the travel

stop from its position. The actions

specified by the proposed AD are

intended to prevent such migration,

which could result in the elevator and

aileron disconnect system resetting

without the use of the reset button; this

condition could lead to jamming of the

disconnect handles.

DATES: Comments must be received by

March 31, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 94–NM–

189–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

Jetstream Aircraft, Inc., P.O. Box 16029,

Dulles International Airport,

Washington, DC 20041–6029. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT: Sam

Grober, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,