[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28886]


[[Page Unknown]]

[Federal Register: November 29, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94-NM-219-AD; Amendment 39-9075; AD 94-24-02]

 

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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes an existing airworthiness directive 
(AD), applicable to certain Canadair Model CL-600-2B19 series 
airplanes, that currently requires a revision to the FAA-approved 
Airplane Flight Manual (AFM) to restrict altitude and airspeed 
operations of the airplane under certain conditions of hydraulic system 
failure. This amendment requires the removal of all elevator flutter 
dampers and requires a revision to the AFM that advises the flight crew 
of the need to perform daily checks to verify proper operation of the 
elevator control system.
    This amendment is prompted by reports that the installation of the 
stronger shear pins may jam or restrict movement of the elevator. The 
actions specified in this AD are intended to prevent failure of the 
lugs and/or pins, which may increase the likelihood of jamming or 
restricting movement of the elevator and the resultant adverse affect 
on the controllability of the airplane.

DATES: Effective December 14, 1994. The incorporation by reference of a 
certain publication listed in the regulations is approved by the 
Director of the Federal Register as of December 14, 1994.
    Comments for inclusion in the Rules Docket must be received on or 
before January 30, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103,
Attention: Rules Docket No. 94-NM-219-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, 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 New York Aircraft Certification 
Office, FAA, Engine and Propeller Directorate, 181 South Franklin 
Avenue, Room 202, 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, 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: On January 3, 1994, the FAA issued AD 94-01-
09, amendment 39-8791 (59 FR 1471, January 11, 1994), applicable to 
certain Canadair Model CL-600-2B19 (Regional Jet Series 100) series 
airplanes, to require a revision to the Limitations Section of the FAA-
approved Airplane Flight Manual (AFM) to restrict altitude and airspeed 
operations of the airplane under certain conditions of hydraulic system 
failure.
    Since the issuance of that AD, Bombardier, Inc., developed a 
temporary repair, which involves removing the existing shear pins and 
installing new, stronger shear pins on the elevator flutter dampers, 
and replacing the shear pins at repetitive intervals. Consequently, on 
October 4, 1994, the FAA issued a notice of proposed rulemaking (NPRM) 
that proposed to supersede AD 94-01-09 and require the installation of 
the temporary repair developed by Bombardier, Inc. The proposed actions 
were intended to prevent reduced controllability of the airplane.
    However, since the issuance of that NPRM, Transport Canada 
Aviation, which is the airworthiness authority for Canada, has notified 
the FAA that the shear pins and lugs of the elevator flutter damper 
sheared off of two Model CL-600-2B19 series airplanes. Investigation 
revealed that the shear pins installed in the incident airplanes were 
the stronger pins associated with the ``temporary repair'' developed 
previously by Bombardier. In light of this, the FAA has determined that 
the installation of stronger shear pins and lugs of the elevator 
flutter damper, as proposed by the NPRM, may jam or restrict movement 
of the elevator. Accordingly, the FAA intends to withdraw that NPRM in 
a separate rulemaking action.
    Further investigation indicates that removal of the flutter dampers 
from those airplanes will eliminate the risk of jamming or restricting 
movement of the elevator. The FAA has determined that removal of the 
flutter dampers will not adversely affect controllability of the 
airplane, since AD 94-01-09 requires a revision to the Limitations 
Sections of the FAA-approved Airplane Flight Manual (AFM) that 
restricts altitude and airspeed of the airplane. The FAA finds that 
those restrictions, which are retained in the requirements of this AD, 
will avert flutter conditions.
    Failure of the lugs and/or shear pins of the elevator flutter 
damper, if not corrected, can result in the increased likelihood of 
jamming or restricting the movement of the elevator, which would 
adversely affect the controllability of the airplane.
    Bombardier has issued Canadair ``Regional Jet'' Alert Service 
Bulletin S.B. A601R-27-041, dated October 28, 1994, which describes 
procedures for removal of the flutter dampers. Transport Canada 
Aviation classified this service bulletin as mandatory and issued 
Canadian Airworthiness Directive CF-94-21, dated October 28, 1994, 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 supersedes AD 94-01-09, to require 
removal of all elevator flutter dampers. This action is required to be 
accomplished in accordance with the alert service bulletin described 
previously.
    This AD also requires a revision to the FAA-approved Airplane 
Flight Manual (AFM) that advises the flight crew of the need to perform 
daily checks to verify proper operation of the elevator control system. 
This AD also retains the requirement from AD 94-01-09 to require a 
revision to the AFM that restricts altitude and airspeed operations 
under conditions of single or double hydraulic failure.

    [Note: 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. Under these circumstances, at least one operator appears 
to have incorrectly assumed that its airplane was not subject to an 
AD. On the contrary, 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 added to this final rule to clarify 
this requirement.]

    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 94-NM-219-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:

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.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-8791 (59 FR 
1471, January 11, 1994), and adding the following new airworthiness 
directive (AD) to read as follows:

94-24-02 Bombardier, Inc. (Formerly Canadair): Amendment 39-9075. 
Docket 94-NM-219-AD. Supersedes AD 94-01-09, Amendment 39-8791.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100) 
series airplanes having serial numbers 7003 through 7054 inclusive, 
certified 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 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 lugs and/or pins, which may increase the 
likelihood of jamming or restricting movement of the elevator and 
the resultant adverse affect on controllability of the airplane, 
accomplish the following:
    (a) Within 30 days after January 26, 1994 (the effective date of 
AD 94-01-09, amendment 39-8791), revise the Limitations Section of 
the FAA-approved Airplane Flight Manual (AFM) to include the 
following restrictions of altitude and airspeed operations under 
conditions of single or double hydraulic system failure; and advise 
the flight crew of these revised limits. Revision of the AFM may be 
accomplished by inserting a copy of this AD in the AFM.

    Note 2: The restrictions described in the AFM Temporary Revision 
(TR) RJ/30, dated December 16, 1993, meet the requirements of this 
paragraph. Therefore, inserting a copy of TR RJ/30 in lieu of this 
AD in the AFM is considered an acceptable means of compliance with 
this paragraph.

    Note 3: When TR RJ/30, dated December 16, 1993, 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 revision is identical to that specified in 
TR RJ/30.

                     Single Hydraulic System Failure                    
------------------------------------------------------------------------
      Altitude limit (maximum)             Airspeed limit (maximum)     
------------------------------------------------------------------------
31,000 feet........................  0.55 Mach (199 KIAS).              
30,000 feet........................  0.55 Mach (204 KIAS).              
28,000 feet........................  0.55 Mach (213 KIAS).              
26,000 feet........................  0.55 Mach (222 KIAS).              
24,000 feet........................  0.55 Mach (232 KIAS).              
22,000 feet........................  0.55 Mach (241 KIAS).              
20,000 feet and below..............  252 KIAS.                          
------------------------------------------------------------------------


                     Double Hydraulic System Failure                    
------------------------------------------------------------------------
      Altitude limit (maximum)             Airspeed limit (maximum)     
------------------------------------------------------------------------
10,000 feet........................  200 KIAS.                          
------------------------------------------------------------------------

    (b) Within 7 days after the effective date of this AD, 
accomplish the requirements of paragraphs (b)(1) and (b)(2) of this 
AD.
    (1) Remove all elevator dampers in accordance with Canadair 
Regional Jet Alert Service Bulletin S.B. A601R-27-041, dated October 
28, 1994.
    (2) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following, which advises the 
flight crew of daily checks to verify proper operation of the 
elevator control system. Revision of the AFM may be accomplished by 
inserting a copy of this AD in the AFM.

    ``Elevator, Before Engine Start (First Flight of Day)

(1) Elevator Check  Travel range (to approximately \1/2\ travel) 
using each hydraulic system in turn, with the other hydraulic 
systems depressurized.''

    Note 4: The daily check described in TR RJ/40, dated October 28, 
1994, meets the requirements of this paragraph. Therefore, inserting 
a copy of TR RJ/40 in lieu of this AD in the AFM is considered an 
acceptable means of compliance with this paragraph.

    Note 5: When TR RJ/40, dated October 28, 1994, 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 revision is identical to that specified in 
TR RJ/40.
    (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 6: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.
    (d) The removal shall be done in accordance with Canadair 
Regional Jet Alert Service Bulletin S.B. A601R-27-041, dated October 
28, 1994. 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 Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. Copies may be inspected at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the New York Aircraft Certification Office, FAA, 
Engine and Propeller Directorate, 181 South Franklin Avenue, Room 
202, Valley Stream, New York; or at the Office of the Federal 
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
    (e) This amendment becomes effective on December 14, 1994.

    Issued in Renton, Washington, on November 17, 1994.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 94-28886 Filed 11-28-94; 8:45 am]
BILLING CODE 4910-13-U-M