[Federal Register Volume 60, Number 195 (Tuesday, October 10, 1995)]
[Rules and Regulations]
[Pages 52622-52624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25031]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-157-AD; Amendment 39-9393; AD 93-16-06 R2]


Airworthiness Directives; Canadair Model CL-215-1A10 and CL 215-
6B11 Series Airplanes That Are Not Equipped With Powered Ailerons

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This amendment revises an existing airworthiness directive 
(AD), applicable to certain Canadair Model CL-215-1A10 series 
airplanes, that currently requires modification of the right aileron 
and aileron tab. That AD originally was prompted by an updated flutter 
analysis performed by the manufacturer, which revealed a potential 
flutter condition on these airplanes. The actions specified in that AD 
are intended to prevent potential flutter of the rudder-aileron 
interconnect tab, which could result in reduced controllability of the 
airplane. This amendment revises the applicability of the rule by 
adding additional airplanes that are subject to the addressed unsafe 
condition, and deleting others that are not subject to it.

DATES: Effective October 25, 1995.
    The incorporation by reference of Canadair Alert Service Bulletin 
215-A435, dated August 14, 1990, listed in the regulations, was 
approved previously by the Director of the Federal Register as of 
October 4, 1993 (58 FR 46766, September 3, 1993).
    Comments for inclusion in the Rules Docket must be received on or 
before December 11, 1995.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-157-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The service information referenced in this AD may be obtained from 
Bombardier, Inc., Canadair, 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 FAA, Engine and Propeller Directorate, New York 
Aircraft Certification Office, 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: Jeff Casale, 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) 791-6220; fax (516) 791-
9024.

SUPPLEMENTARY INFORMATION: On August 13, 1993, the FAA issued AD 93-16-
06, Amendment 39-8663 (58 FR 46766, September 3, 1993), applicable to 
certain Canadair Model CL-215-1A10 series airplanes, to require 
installing weights to the aileron balance weight mounting channel and 
installing washers to the interconnect tab mass balance arms. That 
modification will maintain an aileron control surface mass balance 
within specified limits. That action was prompted by an updated flutter 
analysis, performed by Canadair, which revealed that a potential 
flutter condition affecting the rudder-aileron interconnect tab could 
occur on certain Canadair Model CL-215-1A10 series airplanes. This 
flutter analysis further revealed that, if the rudder-aileron 
interconnect mechanism fails, a flutter condition could occur at 
pressure altitudes above 10,000 feet. The actions required by that AD 
are intended to prevent potential flutter of the rudder-aileron 
interconnect tab, which could result in reduced controllability of the 
airplane.
    AD 93-16-06 was applicable only to Canadair Model CL-215-1A10 
series airplanes that are not equipped with powered ailerons.
    Subsequent to the issuance of that AD, Transport Canada Aviation, 
which is the airworthiness authority for Canada, advised that 
additional airplanes were subject to the same unsafe condition 
addressed by AD 93-16-06. Further analysis had indicated that the 
flutter problems associated with the rudder-aileron interconnect tab 
could occur on all Canadair Model CL-215-1A10 series airplanes, 
including those equipped with powered ailerons. In light of this 
information, the FAA issued AD 93-16-06 R1, amendment 39-8826 (59 FR 
6897, February 14, 1994), which revised the originally issued AD to add 
these additional airplanes to its applicability.
    Recently, Transport Canada Aviation advised the FAA that additional 
review of the flutter analysis revealed that the problematic flutter 
condition can occur only on airplanes that are not equipped with 
powered ailerons. This finding leads to two significant considerations:
    1. The previous analysis indicating that the unsafe condition could 
occur on airplanes equipped with powered ailerons was incorrect. 
Therefore, the applicability of AD 93-16-03 R1 is 

[[Page 52623]]
unnecessarily broad, since it includes Model CL-215-1A10 airplanes that 
are equipped with powered ailerons.
    2. Some Canadair Model CL-215-6B11 series airplanes are not 
equipped with powered ailerons. (The Model CL-215-6B11 is a Model CL-
215-1A10 that has been converted from piston engine power to 
turbopropeller power.) Therefore, these airplanes are subject to the 
addressed unsafe condition.
    Transport Canada Aviation has issued revised Canadian Airworthiness 
Directive CF-90-11R2, dated April 28, 1994, which calls for installing 
weights to the aileron balance weight mounting channel and washers to 
the interconnect tab mass balance arms on all Canadair Model CL-215-
1A10 and CL-215-6B11 series airplanes that are not equipped with 
powered ailerons.
    That revised Canadian Airworthiness Directive references Canadair 
Alert Service Bulletin 215-A435, dated August 14, 1990, as the 
appropriate source of service instructions for all of the affected 
airplanes. (This is the same service bulletin referenced in AD 93-16-06 
and AD 93-16-06 R1.) Canadair has confirmed that, although the Model 
CL-215-6B11 series airplanes are not specified in the effectivity 
listing of that service bulletin, the installation instructions 
described in it are appropriate for these airplanes. (Canadair also has 
indicated that, at this time, it is not planning to revise the service 
bulletin to include the Model CL-215-6B11 in the effectivity listing.)
    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 21.19) 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 revises AD 93-16-06 R1 to require the 
installation of weights to the aileron balance weight mounting channel 
and installation of washers to the interconnect tab mass balance arms. 
However, the applicability of the AD has been revised to include Model 
CL-215-6B11 series airplanes that are not equipped with powered 
ailerons. The applicability has also been revised to exclude Model CL-
215-1A10 series that are equipped with powered ailerons.
    None of the Model CL-215-1A10 or CL-215-6B11 series airplanes 
affected by this action is on the U.S. Register. All airplanes included 
in the applicability of this rule currently are operated by non-U.S. 
operators under foreign registry; therefore, they are not directly 
affected by this AD action. However, the FAA considers that this rule 
is necessary to ensure that the unsafe condition is addressed in the 
event that any of these subject airplanes are imported and placed on 
the U.S. Register in the future.
    Should an affected airplane be imported and placed on the U.S. 
Register in the future, it would require approximately 20 work hours to 
accomplish the required actions, at an average labor charge of $60 per 
work hour. Based on these figures, the total cost impact of this AD 
would be $1,200 per airplane.
    Since this AD action does not affect any airplane that is currently 
on the U.S. register, it has no adverse economic impact and imposes no 
additional burden on any person. Therefore, notice and public 
procedures hereon are unnecessary and the amendment may be made 
effective in less than 30 days after publication in the Federal 
Register.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by notice and 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-157-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.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it 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 USC 106(g), 40101, 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-8826 (59 FR 
6987, February 14, 1994), and by adding 

[[Page 52624]]
a new airworthiness directive (AD), amendment 39-9393, to read as 
follows:

93-16-06 R  Canadair: Amendment 39-9393, Docket 95-NM-157-AD. 
Revises AD 93-16-06 R1, amendment 39-8826.

    Applicability: Model CL-215-1A10 series airplanes that are not 
equipped with powered ailerons; and Model CL-215-6B11 series 
airplanes that are not equipped with powered ailerons; 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 (d) 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 potential flutter of the rudder-aileron interconnect 
tab, which could result in reduced controllability of the airplane, 
accomplish the following:
    (a) For Model CL-215-1A10 series airplanes, serial numbers 1001 
through 1125 inclusive, that are not equipped with powered ailerons: 
Within 12 months after October 4, 1993 (the effective date of AD 93-
16-06, amendment 39-8663), on the right wing install weights to the 
aileron balance weight mounting channel and install washers to the 
interconnect tab mass balance arms, in accordance with Canadair 
Alert Service Bulletin 215-A435, dated August 14, 1990.
    (b) For all other Model CL-215-1A10 series airplanes that are 
not equipped with powered ailerons and are not subject to paragraph 
(a) of this AD: Within 12 months after March 1, 1994 (the effective 
date of AD 93-16-06 R1, amendment 39-8826), on right wing install 
weights to the aileron balance weight mounting channel and install 
washers to the interconnect tab mass balance arms, in accordance 
with Canadair Alert Service Bulletin 215-A435, dated August 14, 
1990.
    (c) For Model CL-215-6B11 series airplanes that are not equipped 
with powered ailerons: Within 12 months after the effective date of 
this AD, on the right wing install weights to the aileron balance 
weight mounting channel and washers to the interconnect tab mass 
balance arms, in accordance with Canadair Alert Service Bulletin 
215-A435, dated August 14, 1990.
    (d) 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.

    (e) 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.
    (f) The installation shall be done in accordance with Canadair 
Alert Service Bulletin 215-A435, dated August 14, 1990. The 
incorporation by reference of this document was approved previously 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR Part 51 as of October 4, 1993 (58 FR 46766, 
September 3, 1993). Copies may be obtained from Bombardier, Inc., 
Canadair, Aerospace Group, P.O. Box 6087, Station A, Montreal, 
Quebec H3C 3G9, Canada. Copies may be inspected at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the FAA, Engine and Propeller Directorate, New 
York ACO, 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.
    (g) This amendment becomes effective on October 15, 1995.

    Issued in Renton, Washington, on October 3, 1995.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 95-25031 Filed 10-6-95; 8:45 am]
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