[Federal Register Volume 74, Number 119 (Tuesday, June 23, 2009)]
[Proposed Rules]
[Pages 29632-29634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14678]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0565; Directorate Identifier 2008-NM-217-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model CL-600-2A12 (CL-601) 
and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed AD results from mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as:

    [I]ncidents of throttle jam and engine shutdowns, caused by 
premature wear of the rack and pinion mechanism of part number (P/N) 
2100140-005 and -007 Engine Throttle Control Gearbox (ETCG), 
installed on Bombardier CL-601 and 604 aircraft.
* * * * *
    The proposed AD would require actions that are intended to address 
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 23, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec 
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail 
[email protected]; Internet http://www.bombardier.com. You 
may review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer,

[[Page 29633]]

Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7331; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0565; 
Directorate Identifier 2008-NM-217-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2008-32R2, dated November 17, 2008 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There have been various reported incidents of throttle jam and 
engine shutdowns, caused by premature wear of the rack and pinion 
mechanism of part number (P/N) 2100140-005 and -007 Engine Throttle 
Control Gearbox (ETCG), installed on Bombardier CL-601 and 604 
aircraft.
    Bombardier issued service bulletins (SB) 601-0583 (CL601/601-3A, 
-3R) and 604-76-004 (CL 604), introducing periodic inspection of the 
affected ETCG rack and pinion mechanisms for wear.
    Subject inspection requirement tasks have now been incorporated 
into the applicable CL601 and CL604 Time Limits Maintenance Checks 
(TLMCs) through Temporary Revisions (TR), TR 5-236 (for CL601), TR 
5-236 (for CL601-3A & -3R) and TR 5-2-40 (for CL604).

The required action is revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate new 
repetitive functional tests of the ETCG. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision 5-236, dated July 25, 
2008, to Section 5-10-30 of Chapter 5 of the Canadair Challenger Time 
Limits/Maintenance Checks, PSP 601-5; Temporary Revision 5-2-40, dated 
July 28, 2008, to Section 5-10-40 of Chapter 5 of the Canadair 
Challenger CL-604 Time Limits/Maintenance Checks; and Temporary 
Revision 5-236, dated March 22, 2007, to Section 5-10-30 of Chapter 5 
of the Canadair Challenger Time Limits/Maintenance Checks, PSP 601A-5. 
The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 377 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $30,160, or $80 per product.

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 determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 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. 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

[[Page 29634]]

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-0565; 
Directorate Identifier 2008-NM-217-AD.

Comments Due Date

    (a) We must receive comments by July 23, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model CL-600-2A12 (CL-601) 
and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604) airplanes, 
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 76: Engine 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There have been various reported incidents of throttle jam and 
engine shutdowns, caused by premature wear of the rack and pinion 
mechanism of part number (P/N) 2100140-005 and -007 Engine Throttle 
Control Gearbox (ETCG), installed on Bombardier CL-601 and 604 
aircraft.
    Bombardier issued service bulletins (SB) 601-0583 (CL601/601-3A, 
-3R) and 604-76-004 (CL 604), introducing periodic inspection of the 
affected ETCG rack and pinion mechanisms for wear.
    Subject inspection requirement tasks have now been incorporated 
into the applicable CL601 and CL604 Time Limits Maintenance Checks 
(TLMCs) through Temporary Revisions (TR), TR 5-236 (for CL601), TR 
5-236 (for CL601-3A & -3R) ant TR 5-2-40 (for CL604).
The required action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new repetitive functional tests of the ETCG.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 30 days after the effective date of this AD: Revise 
the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness by incorporating the applicable task in the 
TR listed in Table 1 of this AD.

                      Table 1--Temporary Revisions to the Airworthiness Limitations Section
----------------------------------------------------------------------------------------------------------------
                                             Use
                                           Canadair
         For Bombardier model--           Challenger            Dated--                To the airworthiness
                                          Temporary                                  limitations section of--
                                          Revision--
----------------------------------------------------------------------------------------------------------------
CL-600-2A12 (CL-601) airplanes.........        5-236  July 25, 2008.............  Section 5-10-30 of Chapter 5
                                                                                   of the Canadair Challenger
                                                                                   Time Limits/Maintenance
                                                                                   Checks, PSP 601-5.
CL-600-2B16 (CL-601-3A, and CL-601-3R)         5-236  March 22, 2007............  Section 5-10-30 of Chapter 5
 airplanes.                                                                        of the Canadair Challenger
                                                                                   Time Limits/Maintenance
                                                                                   Checks, PSP 601A-5.
CL-600-2B16 (CL-604) airplanes.........       5-2-40  July 28, 2008.............  Section 5-10-40 of Chapter 5
                                                                                   of the Canadair Challenger CL-
                                                                                   604 Time Limits/Maintenance
                                                                                   Checks.
----------------------------------------------------------------------------------------------------------------

    (2) For the new TLMC tasks identified in Canadair Challenger 
Temporary Revision 5-236, dated July 25, 2008; Temporary Revision 5-
2-40, dated July 28, 2008; and Temporary Revision 5-236, dated March 
22, 2007: Initial compliance with the new TLMC tasks must be carried 
out in accordance with the phase-in schedule detailed in the 
Canadair Challenger TRs 5-236 and TR 5-2-40, as applicable, after 
the effective date of this AD. Thereafter, except as provided by 
paragraph (g)(1) of this AD, no alternative TLMC task intervals may 
be used.
    (3) When information in a TR specified in paragraph (f)(1) has 
been included in the general revisions of the applicable 
Airworthiness Limitations section, the TR may be removed from that 
Airworthiness Limitations section of the Instruction for Continued 
Airworthiness.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Rocco Viselli, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7331; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the 
AMOC applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2008-32R2, 
dated November 17, 2008; Canadair Challenger Temporary Revision 5-
236, dated July 25, 2008; Canadair Challenger CL-604 Temporary 
Revision 5-2-40, dated July 28, 2008; and Canadair Challenger 
Temporary Revision 5-236, dated March 22, 2007; for related 
information.

    Issued in Renton, WA, on June 15, 2009.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-14678 Filed 6-22-09; 8:45 am]
BILLING CODE 4910-13-P