[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Rules and Regulations]
[Pages 35239-35243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13915]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-18231; Directorate Identifier 2004-NM-94-AD; 
Amendment 39-13683; AD 2004-05-12 R1]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is revising an existing airworthiness directive (AD) 
for certain Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. That AD currently requires repetitive inspections of 
the left and right engine throttle control gearboxes for wear, and 
corrective action if necessary. This AD limits the applicability of the 
existing AD, extends the compliance time for the initial inspection, 
and clarifies the reporting requirement. This AD is prompted by 
numerous failures of the engine throttle control gearbox, some of which 
resulted in an in-flight engine shutdown. We are issuing this AD to 
prevent excessive wear of the gearboxes and subsequent movement or 
jamming of the engine throttle; movement of the throttle towards the 
idle position brings it close to the fuel shut-off position, which 
could result in an in-flight engine shutdown.

DATES: Effective July 9, 2004.
    The incorporation by reference of Bombardier Service Bulletin 601R-
76-019, Revision ``A,'' dated February 19, 2004, listed in the AD, is 
approved by the Director of the Federal Register as of July 9, 2004.
    On March 25, 2004 (69 FR 11293, March 10, 2004), the Director of 
the Federal Register approved the incorporation by reference of 
Bombardier Service Bulletin 601R-76-019, dated August 21, 2003.
    We must receive any comments on this AD by August 23, 2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD:
     DOT Docket web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    You can get the service information identified in this AD from 
Bombardier, Inc., Canadair, Aerospace Group, P.O. Box 6087, Station 
Centre-ville, Montreal, Quebec H3C 3G9, Canada. You may examine this 
information at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    You may examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

[[Page 35240]]

Examining the Dockets

    You may examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

FOR FURTHER INFORMATION CONTACT: James Delisio, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, New York 11581; 
telephone (516) 228-7321; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: On February 25, 2004, we issued AD 2004-05-
12, amendment 39-13507 (69 FR 11293, March 10, 2004). That AD applies 
to all Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. That AD requires repetitive inspections of the left and 
right engine throttle control gearboxes for wear, and corrective action 
if necessary. That AD was prompted by numerous failures of the engine 
throttle control gearbox, some of which resulted in an in-flight engine 
shutdown. The actions specified in that AD are intended to prevent 
excessive wear of the gearboxes and subsequent movement or jamming of 
the engine throttle; movement of the throttle towards the idle position 
brings it close to the fuel shut-off position, which could result in an 
in-flight engine shutdown.

New Relevant Service Information

    Since we issued that AD, Bombardier has issued Service Bulletin 
601R-76-019, Revision `A,' dated February 19, 2004. (AD 2004-05-12 
refers to the original issue of that service bulletin, dated August 21, 
2003, as the appropriate source of service information to use when you 
do the required actions.) The procedures in Revision `A' of the service 
bulletin are similar to those in the original issue. Therefore, we have 
revised paragraphs (a), (b), and (c) of this AD to allow you to use 
Revision `A' of the service bulletin when you do the required actions. 
We have determined that accomplishment of the actions specified in the 
service information will adequately address the unsafe condition.

Comments

    We provided the public the opportunity to submit comments in 
response to AD 2004-05-12. We have considered the comments that were 
submitted.

Request To Limit Applicability

    One commenter states that the difference in applicability between 
AD 2004-05-12 and Canadian airworthiness directive CF-2004-01, dated 
January 21, 2004, which is the Canadian airworthiness directive that 
parallels AD 2004-05-12, is unnecessary and could confuse operators. 
(This difference is noted in the ``Differences Among Canadian 
Airworthiness Directive, Bombardier Service Bulletin, and This AD'' 
section of AD 2004-05-12.) The commenter would like the applicability 
of our AD to include only serial numbers 7003 through 7067 inclusive, 
and 7069 through 7999 inclusive. The commenter explains that one of the 
airplanes included in the applicability of the U.S. AD but not the 
Canadian airworthiness directive has been destroyed and another is a 
prototype used for testing, is not eligible for a standard Certificate 
of Airworthiness, and can't be sold to a commercial operator.
    We agree that making the applicability statement of our AD the same 
as that of the Canadian airworthiness directive will eliminate 
confusion and will not omit any affected airplanes. We have limited the 
applicability of this AD to airplanes having serial numbers 7003 
through 7067 inclusive, and 7069 through 7999 inclusive.

Request To Extend Compliance Time

    Several commenters request that we revise or eliminate the calendar 
time portion of the compliance time in paragraph (a) of AD 2004-05-12 
(which was specified as ``Within 1,000 flight hours or 90 days after 
the effective date of this AD, whichever is first''). The commenters 
assert that this compliance time will not significantly improve safety 
and, for airplanes with a low use rate, may force operators to do the 
required actions much earlier than the actions need to be done to 
ensure safety. One commenter states that many operators use their 
airplanes at a rate of only about 50 flight hours per week, and the 90-
day compliance time would force operators to modify components that 
still have adequate wear margin. Two commenters note that tying the 
compliance time to calendar time is not appropriate because gearbox 
wear is not time dependent, only flight-cycle dependent. One commenter 
also points out that the 90-day compliance time may not allow operators 
sufficient time to plan for corrective actions and to procure parts, so 
airplanes could be grounded due to lack of parts.
    We agree. After further review of the use rates of the affected 
airplanes, we find that an acceptable compliance time is the later of 
1,000 flight hours or 90 days after the effective date of the AD. We 
determine that extending the compliance time in this way will ensure 
that worn gearboxes are removed from the airplane before the wear 
extends beyond specified limits, and won't adversely affect safety. We 
revised paragraph (a) of this AD accordingly.

Request To Include Subject Part Numbers

    One commenter requests that AD 2004-05-12 include the part numbers 
of the current gearbox, as listed in the referenced Bombardier service 
bulletin. The commenter notes that this would prevent the inspection 
requirements of the AD from being incorrectly applied to gearboxes of a 
new design certificated in the future.
    We agree. If we specify the subject part numbers in this AD, you 
will not have to inspect new gearbox designs (with new part numbers) 
certificated in the future, and we will not have to revise this AD or 
approve an Alternative Method of Compliance for this AD. We added the 
subject part numbers to paragraph (a) of this AD.

Request To Clarify Reporting Requirement

    One commenter requests that we revise the reporting requirement 
specified in paragraph (c) of AD 2004-05-12 to clarify what information 
should be reported to the manufacturer. The commenter notes that 
paragraph (c) specifies to send a report of gearbox wear to the 
manufacturer, but also refers to specific paragraphs in the 
Accomplishment Instructions of the service bulletin that instruct 
operators to report incorrect bolt and screw torque values to the 
manufacturer. The commenter states that it isn't clear what data the AD 
requires to be sent to the manufacturer.
    We agree to clarify the reporting requirement. Our intent is for 
you to report data on gearbox wear, not necessarily the incorrect 
torque values mentioned in the service bulletin. The reference to the 
service bulletin was intended to indicate only the fax number to which 
you should send the report. For clarification, we revised paragraph (c) 
of this AD to remove the references to the service bulletin, and to

[[Page 35241]]

specify what information you must report and where you must send the 
report. We have also revised paragraph (c) of this AD to add certain 
boilerplate regulatory language that was omitted from AD 2004-05-12.

Request for Credit for Inspections Done Previously

    One commenter requests that we provide credit for inspections 
already done on affected airplanes. The commenter states that it 
inspected several of its airplanes before we issued the AD. The 
commenter states that not giving credit for previous inspections would 
require it to inspect the airplane again, possibly at a much shorter 
interval than the 1,000-flight-hour repeat interval required by the 
existing AD.
    We find that no change to the AD is necessary to meet the intent of 
the commenter's request. We always give credit for work done 
previously, by means of the phrase in the compliance section of the AD 
that states, ``Required * * * unless accomplished previously.'' If 
you've already done the initial inspection, you must do the next 
inspection within the repetitive interval required by the AD. We have 
not changed the final rule regarding this issue.

Request To Correct Terminology

    Two commenters note that a certain term used in the statement of 
the unsafe condition throughout AD 2004-05-12 is incorrect. Where the 
unsafe condition refers to ``fuel shut-off switch,'' the correct term 
is ``fuel shut-off position.'' This is the term used in the referenced 
service information and the airplane maintenance manuals. We agree with 
the commenters and have corrected the term in this AD.

Request To Revise Note 1

    One commenter requests that we revise Note 1 of AD 2004-05-12 to 
refer to Trans Digm, Inc., AeroControlex Group, Service Bulletin 
2100140-007-76-04, dated July 22, 2003. (Note 2 of AD 2004-05-12 refers 
to that service bulletin as an additional source of service 
information.) The commenter is concerned that Note 1 does not 
adequately define the necessary inspection. The commenter states that 
the inspection procedures in the Trans Digm, Inc., AeroControlex Group, 
service bulletin are more thorough.
    We do not agree that any change is necessary. Paragraph (a) of AD 
2004-05-12 specifies ``doing all the actions per Part A, paragraphs A., 
B., and C.(1) through C.(4), of the Accomplishment Instructions of 
Bombardier Service Bulletin 601R-76-019 * * *.'' The inspection 
definition in Note 1 of the AD is a standard inspection definition that 
we use in all AD actions that specify a detailed inspection. Note 1 
does not relieve the requirement, specified in paragraph (a) of this 
AD, to accomplish the inspection per the Accomplishment Instructions of 
the service bulletin. We made no change related to this comment.

Request To Revise Paragraph (b)

    One commenter requests that we revise paragraph (b) of AD 2004-05-
12 to delete paragraphs (b)(1), (b)(2), and (b)(3). The commenter is 
concerned that repeating the verbiage of the service bulletin may 
confuse operators. The commenter notes that the procedures are fully 
described in the service bulletin, so there is no need to repeat the 
procedure in our AD.
    We do not agree. We acknowledge that paragraph (b) could have been 
written at a higher level with less detail. However, the information 
specified in those paragraphs is technically accurate, and paragraph 
(b) requires that the applicable actions in paragraphs (b)(1), (b)(2), 
and (b)(3) must be done per the Accomplishment Instructions of the 
referenced service bulletin. We have made no change related to this 
comment.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in Canada and are 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 Civil Aviation 
(TCCA), which is Canada's airworthiness authority, has kept us informed 
of the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for products of this type design that are certificated for 
operation in the United States.
    Therefore, this AD is being issued to revise AD 2004-05-12. We are 
revising that AD to continue to require repetitive inspections of the 
left and right engine throttle control gearboxes for wear, and 
corrective action if necessary. This AD limits the applicability of the 
existing AD, extends the compliance time for the initial inspection, 
and clarifies the reporting requirement. This AD requires you to use 
the Bombardier service information described previously to perform 
these actions, except as discussed under ``Difference Between the AD 
and Service Information.'' This AD also requires that operators report 
the inspection results to Bombardier.

Difference Between the AD and Service Information

    Although the Bombardier service information recommends returning 
discrepant gearboxes to the parts manufacturer, this AD does not 
contain that requirement.

Interim Action

    We consider this AD to be interim action. The reports that you are 
required to submit will enable the manufacturer to obtain better 
insight into the nature, cause, and extent of the wear of the engine 
throttle control gearbox, and eventually to develop final action to 
address the unsafe condition. Once final action has been identified, we 
may consider further rulemaking.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any written relevant 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2004-18231; 
Directorate Identifier 2004-NM-94-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the

[[Page 35242]]

Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications with you. You can get more information about plain 
language at http://www/faa.gov/language and http://www.plainlanguage.gov.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect 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.
    For the reasons discussed above, I certify that the 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. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 
39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-13507 (69 FR 
11293, March 10, 2004) and adding the following new AD:

2004-05-12 R1 Bombardier, Inc. (Formerly Canadair): Amendment 39-
13683. Docket No. FAA-2004-18231; Directorate Identifier 2004-NM-94-
AD.

    Applicability: Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes, certificated in any category, serial numbers 7003 through 
7067 inclusive, and 7069 through 7999 inclusive.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent excessive wear of the gearboxes and subsequent 
movement or jamming of the engine throttle (movement of the throttle 
towards the idle position brings it close to the fuel shut-off 
position, which could result in an in-flight engine shutdown), 
accomplish the following:

Repetitive Inspections

    (a) Within 1,000 flight hours or 90 days after March 25, 2004 
(the effective date AD 2004-05-12, amendment 39-13507), whichever is 
later: Do a detailed inspection for wear of the left and right 
engine throttle control gearboxes having part number (P/N) 2100140-
005 or 2100140-007 by doing all the actions per Part A, paragraphs 
A., B., and C.(1) through C.(4), of the Accomplishment Instructions 
of Bombardier Service Bulletin 601R-76-019, dated August 21, 2003; 
or Revision ``A,'' dated February 19, 2004. If the wear value is the 
same as that specified in Part A, paragraph B.(8), of the 
Accomplishment Instructions of the service bulletin, repeat the 
inspection thereafter at intervals not to exceed 1,000 flight hours.

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive visual examination of a specific structural area, 
system, installation, or assembly to detect damage, failure, or 
irregularity. Available lighting is normally supplemented with a 
direct source of good lighting at intensity deemed appropriate by 
the inspector. Inspection aids such as mirror, magnifying lenses, 
etc., may be used. Surface cleaning and elaborate access procedures 
may be required.''

Corrective Action

    (b) If the wear value found during any inspection required by 
paragraph (a) of this AD is not the same as that specified Part A, 
paragraph B.(8), of the Accomplishment Instructions of Bombardier 
Service Bulletin 601R-76-019, dated August 21, 2003; or Revision 
``A,'' dated February 19, 2004: Do the applicable actions required 
by paragraph (b)(1), (b)(2), or (b)(3) of this AD, at the time 
specified, per the Accomplishment Instructions of the service 
bulletin. Repeat the inspection required by paragraph (a) of this AD 
thereafter at intervals not to exceed 1,000 flight hours.
    (1) If the wear value on one or both of the gearboxes is the 
same as that specified in Part A, paragraph B.(5), of the 
Accomplishment Instructions of the service bulletin: Before further 
flight, replace the affected gearbox with a new or serviceable 
gearbox, by doing all the actions per Part B, paragraphs D. through 
F.(7), of the Accomplishment Instructions of the service bulletin.
    (2) If the wear value on both the left and right gearboxes is 
the same as that specified in Part A, paragraph B.(6), of the 
Accomplishment Instructions of the service bulletin: Before further 
flight, replace the gearbox having the higher wear value with a new 
or serviceable gearbox, by doing all the actions per Part B, 
paragraphs D. through F.(7), of the Accomplishment Instructions of 
the service bulletin. Within 1,000 flight hours after doing the 
replacement, replace the other gearbox.
    (3) If the wear value on only one gearbox is the same as that 
specified in Part A, paragraph B.(7), and the wear value on the 
other gearbox is the same as that specified in Part A, paragraph 
B.(8), of the Accomplishment Instructions of the service bulletin: 
Within 1,000 flight hours after the inspection, replace the gearbox 
with the wear value that is the same as that specified in Part A, 
paragraph B.(7), with a new or serviceable gearbox. Do the 
replacement by doing all the actions per Part B, paragraphs D. 
through F.(7), of the Accomplishment Instructions of the service 
bulletin.

Additional Service Information

    Note 2: Bombardier Service Bulletin 601R-76-019, dated August 
21, 2003; and Revision ``A,'' dated February 19, 2004; reference 
Trans Digm, Inc., AeroControlex Group, Service Bulletin 2100140-007-
76-04, dated July 22, 2003, as an additional source of service 
information for accomplishment of the inspections and replacement.

Reporting Requirement

    (c) Within 10 days after doing the inspection required by 
paragraph (a) of this AD, or within 10 days after March 25, 2004, 
whichever is later: Submit a report of gearbox wear to Bombardier 
Aerospace, In-Service Engineering (Engine Group); fax (514) 855-
7708. The report must include the airplane serial number, the number 
of flight hours on the airplane, and the number of flight hours on 
each gearbox (if different than the number of flight hours on the 
airplane). Under the provisions of the Paperwork Reduction Act of 
1980 (44 U.S.C. 3501 et seq.), the Office of Management and Budget 
(OMB) has approved the information collection requirements contained 
in this AD and has assigned OMB Control Number 2120-0056.

Alternative Methods of Compliance

    (d) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve alternative methods of compliance 
(AMOCs) for this AD, if requested using the procedures found in 14 
CFR 39.19.

Material Incorporated by Reference

    (e) You must use Bombardier Service Bulletin 601R-76-019, dated 
August 21, 2003; or Bombardier Service Bulletin 601R-76-019, 
Revision ``A,'' dated February 19, 2004; to perform the actions that 
are required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Bombardier Service Bulletin 601R-76-
019, Revision ``A,'' dated February 19, 2004; in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Service Bulletin 601R-76-
019, dated August 21, 2003; on March 25, 2004 (69 FR 11293, March 
10, 2004).

[[Page 35243]]

    (3) You can get copies of the documents from Bombardier, Inc., 
Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada. You can review copies at the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC; or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2004-01, dated January 21, 2004.

Effective Date

    (f) This amendment becomes effective on July 9, 2004.

    Issued in Renton, Washington, on June 10, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-13915 Filed 6-23-04; 8:45 am]
BILLING CODE 4910-13-P