388 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Proposed Rules

(c) For airplanes on which the modification

specified in Boeing Service Bulletin 727–55–

0087, dated June 20, 1986, (terminating

action specified in AD 87–24–03, amendment

39–5769) has been accomplished : Prior to

the accumulation of 1,600 flight hours, or

within 12 months after the effective date of

this AD, whichever occurs later, conduct an

inspection to ensure proper clearance

between the shear plate and the radii of the

rear spar, in accordance with Boeing Service

Bulletin 727–55–0087, Revision 1, dated

March 31, 1994.–

(1) If clearance is within the limits

specified in Part I of the Accomplishment

Instructions of the service bulletin, no further

action is required by this AD.

(2) If clearance is outside the limits

specified in Part I of the Accomplishment

Instructions of the service bulletin, prior to

further flight, reaccomplish the repair in

accordance with Part III of the service

bulletin. After modification, no further action

is required by this AD.–

(d) Modification or repair of the elevator

rear spar in accordance with Part II or Part

III of the Accomplishment Instructions of

Boeing Service Bulletin 727–55–0087,

Revision 1, dated March 31, 1994, constitutes

terminating action for the requirements

required of this AD.

(e) 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, Seattle

Aircraft Certification Office (ACO), FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.–

(f) 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

December 28, 1994.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–60 Filed 1–3–95; 8:45 am]

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14 CFR Part 39

[Docket No. 94–NM–155–AD]

Airworthiness Directives; Canadair

Model CL–600–2B19 (Regional Jet

Series 100) Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Proposed rule; withdrawal.

SUMMARY: This action withdraws a

notice of proposed rulemaking (NPRM)

that proposed a new airworthiness

directive (AD), applicable to certain

Canadair Model CL–600–2B19 series

airplanes. That action would have

required removal of certain shear pins

and installation of stronger shear pins

on the elevator flutter dampers. The

proposed actions were intended to

prevent problems associated with

undampened vibration of the elevators

in normal cruise conditions. Since the

issuance of the NPRM, the Federal

Aviation Administration (FAA) has

issued other rulemaking that positively

addresses the identified unsafe

condition. Accordingly, the proposed

rule is withdrawn.

FOR FURTHER INFORMATION CONTACT:

Franco Pieri, Aerospace Engineer,

Airframe Branch, ANE–172, New York

Aircraft Certification Office, FAA,

Engine and Propeller Directorate, 181

South Franklin Avenue, Room 202,

Valley Stream, New York 11581;

telephone (516) 791–6220; fax (516)

791–9024.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

add a new airworthiness directive (AD),

applicable to certain Canadair Model

CL–600–2B19 series airplanes, was

published as a Notice of Proposed

Rulemaking (NPRM) in the Federal

Register on October 11, 1994 (59 FR

51392). The proposed rule would have

required removal of certain shear pins

from the elevator flutter dampers, and

installation of stronger shear pins. That

action was originally prompted by a

report of sheared-off shear pins found

on one airplane’s elevator dampers. The

proposed actions were intended to

prevent undampened vibration of the

elevators in normal cruise conditions,

resulting from the failure of the shear

pins installed in the elevator flutter

dampers; when combined with

hydraulic system failures, this condition

can result in reduced controllability of

the airplane. –

Since the issuance of that NPRM,

Transport Canada Aviation, which is the

airworthiness authority for Canada, has

notified the FAA that the lugs of the

elevator flutter damper sheared off of

two Model CL–600–2B19 series

airplanes. Investigation revealed that the

shear pins that were installed in the

elevator flutter dampers on these

incident airplanes were the stronger

pins, whose installation would have

been required by the NPRM. The

stronger shear pins caused the loads to

transfer to the lugs of the elevator flutter

damper, which subsequently failed

under the increased loads. –

Consequently, on November 17, 1994,

the FAA issued AD 94–24–02,

amendment 39–9075 (59 FR 60888,

November 29, 1994), applicable to

certain Canadair Model CL–600–2B19

series airplanes, to require the removal

of all elevator flutter dampers. It also

requires revisions to the FAA-approved

Airplane Flight Manual (AFM) that

advise the flight crew of the need to

perform daily checks to verify proper

operation of the elevator control system,

and that restrict altitude and airspeed of

the airplane. –

The FAA has determined that the

actions currently required by AD 94–

24–02 positively address the previously

identified unsafe condition. Removal of

the elevator flutter dampers from these

airplanes and the daily checks of the

elevator control system will ensure that

the risk of jamming or restricting

movement of the elevator is eliminated.

Additionally, the operational limitation

will enable the pilot to avert conditions

of potential flutter. –

In light of the fact that other

rulemaking adequately addresses the

identified unsafe condition, the FAA

finds that the previously proposed

action is unwarranted and hereby

withdraws the NPRM.–

Withdrawal of this NPRM constitutes

only such action, and does not preclude

the agency from issuing another notice

in the future, nor does it commit the

agency to any course of action in the

future.–

Since this action only withdraws a

notice of proposed rulemaking, it is

neither a proposed nor a final rule and

therefore, is not covered under

Executive Order 12866, the Regulatory

Flexibility Act, or DOT Regulatory

Policies and Procedures (44 FR 11034,

February 26, 1979).

List of Subjects in 14 CFR Part 39–

Air transportation, Aircraft, Aviation

safety, Safety.

The Withdrawal–

Accordingly, the notice of proposed

rulemaking, Docket 94–NM–155–AD,

published in the Federal Register on

October 11, 1994 (59 FR 51392), is

withdrawn.

Issued in Renton, Washington, on

December 28, 1994.

S.R. Miller,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–61 Filed 1–3–95; 8:45 am]

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