[Federal Register Volume 70, Number 51 (Thursday, March 17, 2005)]
[Rules and Regulations]
[Pages 12963-12966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5139]



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  Federal Register / Vol. 70, No. 51 / Thursday, March 17, 2005 / Rules 
and Regulations  

[[Page 12963]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20631; Directorate Identifier 2005-NM-025-AD; 
Amendment 39-14012; AD 2005-06-04]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to certain Bombardier Model CL-600-2B19 (Regional Jet 
Series 100 & 440) airplanes. The existing AD currently requires 
repetitive inspections of the left and right engine throttle control 
gearboxes for wear, and corrective action if necessary. The existing AD 
was prompted by numerous failures of the engine throttle control 
gearbox, some of which resulted in an in-flight engine shutdown. This 
AD adds airplanes to the applicability of the existing AD. 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 April 1, 2005.
    On July 9, 2004 (69 FR 35239, June 24, 2004), the Director of the 
Federal Register approved the incorporation by reference of Bombardier 
Service Bulletin 601R-76-019, Revision `A,' dated February 19, 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 May 16, 2005.

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.
    For service information identified in this AD, contact Bombardier, 
Inc., Canadair, Aerospace Group, P.O. Box 6087, Station Centre-ville, 
Montreal, Quebec H3C 3G9, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person 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. This docket 
number is FAA-2005-20631; the directorate identifier for this docket is 
2005-NM-025-AD.

Examining the Docket

    You can 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: Richard Beckwith, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, New York 11581; 
telephone (516) 228-7302; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: On June 10, 2004, the FAA issued AD 2004-05-
12 R1, amendment 39-13683 (69 FR 35239, June 24, 2004), for certain 
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. We issued that 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.

Actions Since AD Was Issued

    AD 2004-05-12 R1 was originally issued with a limited applicability 
because Transport Canada Civil Aviation (TCCA), which is Canada's 
aviation authority, did not expect that Bombardier would produce any 
airplanes beyond serial number 7999. Recently, Bombardier has produced 
airplanes with serial numbers 8000 and subsequent.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-76-019, dated August 
21, 2003; and Revision `A', dated February 19, 2004; which provide 
instructions for detailed inspection for wear of the left and right 
engine throttle control gearboxes, and corrective actions if necessary. 
The corrective actions include replacing the gearbox with a new or 
serviceable gearbox. We have determined that accomplishment of the 
actions specified in the service information will adequately address 
the unsafe condition.
    TCCA mandated the service information and issued Canadian 
airworthiness directive CF-2004-01, dated January 21, 2004, to ensure 
the continued airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in Canada and are type

[[Page 12964]]

certificated for operation in the United States under the provisions of 
Sec.  21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the 
applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, TCCA 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, we are issuing this AD to supersede AD 2004-05-12 R1. 
This new AD continues to require repetitive inspections of the left and 
right engine throttle control gearboxes for wear, and corrective action 
if necessary. This AD also applies to additional serial numbered 
airplanes beyond the last serial number listed in the applicability of 
the existing AD. 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 action also requires that operators report the inspection results 
to Bombardier.

Differences 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.
    The service information also does not define the type of inspection 
for wear of the engine throttle control gearboxes. We have clarified 
the inspection requirement contained in the AD as a detailed 
inspection. A note has been added to the AD to define that inspection.

Differences Between the AD and Canadian Airworthiness Directive CF-
2004-01

    TCCA did not anticipate that Bombardier would produce additional 
Model CL-600-2B19 (Regional Jet Series 100 & 440) airplanes beyond 
serial numbers 7003 through 7067 inclusive, and 7069 through 7999 
inclusive. Therefore, Canadian airworthiness directive CF-2004-01, 
dated January 21, 2004, limits the applicability to those serial 
numbers. Because Bombardier has recently produced airplanes with serial 
numbers 8000 and subsequent, this AD applies to Model CL-600-2B19 
(Regional Jet Series 100 & 440) airplanes, serial numbers 7003 through 
7067 inclusive, and 7069 and subsequent. We have coordinated with TCCA 
that we are superseding AD 2004-05-12 R1 to include airplanes having 
serial numbers 8000 and subsequent.

Change to Existing AD

    This AD retains all requirements of AD 2004-05-12 R1. Since AD 
2004-05-12 R1 was issued, the AD format has been revised, and certain 
paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this AD, as listed in the 
following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                          Corresponding  requirement  in
    Requirement in AD 2004-05-12 R1                  this AD
------------------------------------------------------------------------
Paragraph (a)..........................  Paragraph (f).
Paragraph (b)..........................  Paragraph (g).
Paragraph (c)..........................  Paragraph (h).
------------------------------------------------------------------------

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 relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-20631; 
Directorate Identifier 2005-NM-025-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 can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

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.

[[Page 12965]]

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 39-13683 (69 FR 
35239, June 24, 2004), and adding the following new airworthiness 
directive (AD):

2005-06-04 Bombardier, Inc (Formerly Canadair): Amendment 39-14012. 
Docket No. FAA-2005-20631; Directorate Identifier 2005-NM-025-AD.

Effective Date

    (a) This AD becomes effective April 1, 2005.

Affected ADs

    (b) This AD supersedes AD 2004-05-12 R1, amendment 39-13683 (69 
FR 35239, June 24, 2004).

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, serial numbers (S/Ns) 7003 through 
7067 inclusive, and 7069 and subsequent, certificated in any 
category.

Unsafe Condition

    (d) This AD was 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.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Repetitive Inspections

    (f) At the applicable time specified in paragraph (f)(1) or 
(f)(2) of this AD, 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.
    (1) For airplanes having SNs 7003 through 7067 inclusive and 
7069 through 7999 inclusive: Within 1,000 flight hours or 90 days 
after March 25, 2004 (the effective date of AD 2004-05-12), 
whichever is later.
    (2) For airplanes having S/Ns 8000 and subsequent: Within 1,000 
flight hours or 90 days after the effective date of this AD, 
whichever is later.

    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 an 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

    (g) If the wear value found during any inspection required by 
paragraph (f) of this AD is not the same as that specified in 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 (g)(1), (g)(2), or (g)(3) of this AD, at the time 
specified, per the Accomplishment Instructions of the service 
bulletin. Repeat the inspection required by paragraph (f) 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

    (h) At the applicable time specified in paragraph (h)(1) or 
(h)(2) of this AD, 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.
    (1) For Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes, serial numbers 7003 through 7067 inclusive, and 7069 
through 7999 inclusive: Submit a report within 10 days after doing 
the inspection required by paragraph (f) of this AD, or within 10 
days after March 25, 2004, whichever is later.
    (2) For Bombardier Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes, serial numbers 8000 and subsequent: Submit a report 
within 10 days after doing the inspection required by paragraph (f) 
of this AD, or within 10 days after the effective date of this AD, 
whichever is later.

Alternative Methods of Compliance

    (i) 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.

Related Information

    (j) Canadian airworthiness directive CF-2004-01, dated January 
21, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) 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 previously approved the 
incorporation by reference of Bombardier Service Bulletin 601R-76-
019, Revision ``A,'' dated February 19, 2004; on July 9, 2004, (69 
FR 35239, June 24, 2004).
    (2) The Director of the Federal Register previously approved the 
incorporation by

[[Page 12966]]

reference of Bombardier Service Bulletin 601R-76-019, dated August 
21, 2003; on March 25, 2004 (69 FR 11293, March 10, 2004).
    (3) You can get copies of the service information 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.

    Issued in Renton, Washington, on March 8, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-5139 Filed 3-16-05; 8:45 am]
BILLING CODE 4190-13-P