[Federal Register Volume 62, Number 22 (Monday, February 3, 1997)]
[Proposed Rules]
[Pages 4941-4944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2519]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-108-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain Bombardier Model 
CL-600-2B19 (Regional Jet Series 100) series airplanes. That AD 
currently requires revisions to the Airplane Flight Manual (AFM) to 
advise the flight crew of the need to perform daily checks to verify 
proper operation of the elevator control system, and to restrict 
altitude and airspeed operations under certain conditions. That AD also 
requires removal of all elevator flutter dampers. That AD was prompted 
by reports that the installation of certain shear pins may jam or 
restrict movement of the elevator. The actions specified by that AD are 
intended to prevent such jamming or restricting movement of the 
elevator and the resultant adverse effect on the controllability of the 
airplane. This new proposed action would add inspections of certain 
airplanes to detect deformation or discrepancies of the flutter damper 
hinge fittings and lug of the horizontal stabilizer, the elevator 
hinge/damper fitting, and the shear pin lugs; and require replacement 
of discrepant parts with serviceable parts. This proposed action also 
would require installation of new elevator flutter dampers, and 
replacement of shear pins and shear links with new, improved pins and 
links.

DATES: Comments must be received by March 14, 1997.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 96-NM-108-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 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, 181 
South Franklin Avenue, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT: Franco Pieri, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, New York Aircraft 
Certification Office, FAA, Engine and Propeller Directorate, 10 Fifth 
Street, Third Floor, Valley Stream, New York 11581;

[[Page 4942]]

telephone (516) 256-7526; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 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 96-NM-108-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. 96-NM-108-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On November 17, 1994, the FAA issued AD 94-24-02, amendment 39-9075 
(59 FR 60888, November 29, 1994), applicable to certain Bombardier 
Model CL-600-2B19 series airplanes. That AD requires:
    1. the removal of all elevator flutter dampers; and
    2. a revision to the FAA-Approved Airplane Flight Manual (AFM) to 
advise the flight crew of the need to perform daily checks to verify 
proper operation of the elevator control system.
    In addition, that AD retained the requirements from AD 94-01-09, 
amendment 39-8791 (59 FR 1471, January 11, 1994), to revise the AFM to 
restrict altitude and airspeed operations under conditions of single or 
double hydraulic system failure.
    That AD was prompted by reports that the installation of certain 
shear pins may jam or restrict movement of the elevator. The 
requirements of that AD are intended to prevent failure of the lugs 
and/or pins. Such failure could increase the likelihood of jamming or 
restricting movement of the elevator, which could result in an adverse 
effect on the controllability of the airplane.

Actions Since Issuance of Previous Rule

    Since the issuance of that AD, the manufacturer has issued Canadair 
Regional Jet Service Bulletin S.B. 601R-27-040, Revision `B,' dated 
September 11, 1995. For certain airplanes, this service bulletin 
describes procedures for a visual inspection to detect deformation or 
discrepancies of the flutter damper hinge fitting and lug of the 
horizontal stabilizer, and of the elevator hinge/damper fitting and 
shear pin lugs; a fluorescent penetrant inspection and a dimensional 
inspection to detect any deformation or discrepancy of the shear pin 
lugs; and replacement of discrepant parts with serviceable parts. For 
these and other airplanes, this service bulletin also describes 
procedures for installation of a new elevator flutter damper having a 
reduced load capacity, and for replacement of the shear pins and shear 
links with new, improved shear pins and links.
    Accomplishment of the actions described in that service bulletin 
will improve the integrity of the elevator damping system and increase 
the service fatigue life of the flutter damper.
    The manufacturer also has issued two general revisions to the AFM 
for these airplanes:
     Revision 32, dated March 30, 1995, which advises the 
flight crew of the need to perform daily checks to verify proper 
operation of the elevator control system.
     Revision 34, dated June 12, 1995, which specifies certain 
altitude and airspeed restrictions to prevent flight control undamped 
vibration during hydraulic system failure.
    Transport Canada Aviation, which is the airworthiness authority for 
Canada, classified the service bulletin and AFM revisions as mandatory, 
and issued Canadian airworthiness directive CF-94-21R1, dated November 
3, 1995, in order to assure the continued airworthiness of these 
airplanes in Canada.

FAA's Conclusions

    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.

Explanation of Requirements of Proposed Rule

    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 supersede AD 94-24-02. It 
would continue to require the removal of the originally installed 
elevator dampers. It also would continue to require revisions to the 
Limitations Section of the FAA-approved AFM to restrict altitude and 
airspeed operations under conditions of single or double hydraulic 
system failure, and to advise the flight crew of the need to perform 
daily checks to verify proper operation of the elevator control system. 
As stated in this proposal, these revisions could be accomplished by 
inserting a copy of this AD or the new AFM revisions, described 
previously, in the AFM.
    For certain airplanes, this new proposed AD would require 
inspections to detect deformation or discrepancies of the flutter 
damper hinge fitting and lug of the horizontal stabilizer, the elevator 
hinge/damper fitting, and the shear pin lugs; and replacement of 
discrepant parts with serviceable parts. For those and other airplanes, 
the proposed AD also would require installation of new elevator flutter 
dampers, and replacement of shear pins and shear links with new, 
improved pins and links. These actions would be required to be 
accomplished in accordance with the service bulletin described 
previously.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

Difference Between the Proposed AD and the Service Information

    Operators should note that, the effectivity listing of AFM Revision 
32, dated March 30, 1995 (which advises the flight crew of the need to 
perform

[[Page 4943]]

daily checks of the elevator control system), indicates that it applies 
only to those airplanes having serial numbers 7002 through 7054 and on 
which Canadair Regional Jet Service Bulletin S.B. 601R-27-040 (Part A) 
has not been accomplished. However, this proposed AD would require that 
the AFM revision be accomplished for those airplanes, regardless of 
whether or not the procedures specified in the Canadair service 
bulletin have been accomplished. The FAA has been specifically advised 
by Transport Canada Aviation that the accomplishment of the service 
bulletin procedures should not be considered as a ``terminating 
action'' for the AFM revision. Further, the parallel Canadian 
airworthiness directive continues to require this revision of the AFM.
    In light of this, the FAA has determined that, until final action 
addressing the unsafe condition is developed, the revision of the AFM 
must be required in addition to the procedures specified in the 
Canadair Regional Jet service bulletin.

Cost Impact

    There are approximately 21 Bombardier Model CL-600-2B19 (Regional 
Jet Series 100) series airplanes of U.S. registry that would be 
affected by this proposed AD.
    The actions that are currently required by AD 94-24-02, and 
retained in this proposal, take approximately 6 work hours per airplane 
to accomplish, at an average labor rate of $60 per work hour. Based on 
these figures, the cost impact on U.S. operators of the actions 
currently required is estimated to be $7,560, or $360 per airplane. The 
FAA estimates that all affected U.S. operators have previously 
accomplished these requirements, therefore, the future cost impact of 
these requirements is minimal.
    For airplanes that would require the inspections that are proposed 
in this AD, it would take approximately 26 work hours per airplane to 
accomplish them, at an average labor rate of $60 per work hour. Based 
on these figures, the cost impact of the proposed inspections on U.S. 
operators is estimated to be $1,560 per airplane.
    The installations that are proposed in this AD would take 
approximately 12 work hours per airplane to accomplish them, at an 
average labor rate of $60 per work hour. Required parts would be 
provided by the manufacturer at no cost to the operator. Based on these 
figures, the cost impact on U.S. operators of the proposed 
installations is estimated to be $15,120, or $720 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
requirements of this AD action, and that no operator would accomplish 
those actions in the future if this AD were not adopted.

Regulatory Impact

    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.

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. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by removing amendment 39-9075 (59 FR 
60888, November 29, 1994), and by adding a new airworthiness directive 
(AD), to read as follows:

Bombardier, Inc. (Formerly Canadair): Docket 96-NM-108-AD. 
Supersedes AD 94-24-02, Amendment 39-9075.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100) 
series airplanes having serial numbers 7003 through 7054 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 
otherwise 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 request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    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 effect on controllability of the airplane, 
accomplish the following:

Restatement of Requirements of AD 94-01-09

    (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 or AFM Revision 34, 
dated June 12, 1995, in the AFM.

------------------------------------------------------------------------
         Altitude limit (maximum)             Airspeed limit (maximum)  
------------------------------------------------------------------------
                     Single Hydraulic System Failure                    
------------------------------------------------------------------------
31,000 feet..............................  0.55 Mach                    
                                           (199 KIAS).                  
30,000 feet..............................  0.55 Mach                    
                                           (204 KIAS).                  
28,000 feet..............................  0.55 Mach                    
                                           (213 KIAS).                  
26,00 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                    
------------------------------------------------------------------------
10,000 feet..............................  200 KIAS.                    
------------------------------------------------------------------------

    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.

[[Page 4944]]

Restatement of Requirements of AD 94-24-02

    (b) Within 7 days after December 14, 1994 (the effective date of 
AD 94-24-02, amendment 39-9075), accomplish the requirements of 
paragraph (b)(1) and (b)(2) of this AD:
    (1) Until the requirements of paragraph (c)(2) of this AD are 
accomplished, remove the 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 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 or AFM 
Revision 32, dated March 30, 1995, in the AFM.

    Note 3: The daily check described in the AFM Temporary Revision 
(TR)RJ/40, dated October 28, 1994, meets the requirements of this 
paragraph. Therefore, inserting a copy of TR RJ/40 into the AFM in 
lieu of this AD is considered an acceptable means of compliance with 
this paragraph.

    ``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.''     
                                                                        

New Requirements of this AD

    (c) Within 12 months after the effective date of this AD, 
perform the requirements of paragraphs (c)(1) and (c)(2) of this AD, 
as applicable, in accordance with Canadair Regional Jet Service 
Bulletin S.B. 601R-27-040, Revision `B,' dated September 11, 1995.
    (1) For airplanes having serial numbers 7003 through 7049, 
inclusive: Perform the inspections specified in paragraphs 
(c)(1)(i), (c)(1)(ii), and (c)(1)(iii) of this AD in accordance with 
Section 2.B., Part A, of the service bulletin.
    (i) Remove the shear pins and shear links of the flutter dampers 
and perform a visual inspection to detect any deformation or 
discrepancy of the flutter damper hinge fitting and lug of the 
horizontal stabilizer. Prior to further flight, replace any deformed 
or discrepant part with a serviceable part in accordance with the 
service bulletin.
    (ii) Perform a visual inspection to detect any deformation or 
discrepancy of the elevator hinge/damper fitting and shear pin lugs. 
Prior to further flight, replace any discrepant part with a 
serviceable part in accordance with the service bulletin.
    (iii) Perform a fluorescent penetrant inspection and a 
dimensional inspection to detect any deformation or discrepancy of 
the shear pin lugs. If any deformation or discrepancy is found on 
the lugs, prior to further flight, replace the elevator with a new 
or serviceable elevator in accordance with the service bulletin.
    (2) For airplanes having serial numbers 7003 through 7054, 
inclusive: Install new shear pins [part number (P/N) 601R24063-953] 
and new elevator flutter dampers (P/N 601R75142-7) in accordance 
with Section 2.B., Part B, of the service bulletin:
    (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 4: 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.

    Issued in Renton, Washington, on January 27, 1997.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 97-2519 Filed 1-31-97; 8:45 am]
BILLING CODE 4910-13-U