[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63587-63590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28554]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0565; Directorate Identifier 2008-NM-217-AD; 
Amendment 39-16112; AD 2009-24-18]
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), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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.
* * * * *


[[Page 63588]]


We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 8, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rocco Viselli, Aerospace Engineer, 
Airframe and Mechanical Systems, 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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on June 23, 2009 (74 FR 
29632). That NPRM proposed 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

New Note

    We have added Note 1 to this AD to clarify compliance with section 
91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c)).

Updated Contact Information

    We have updated paragraph (g)(1) of this AD to provide the 
appropriate contact information to use when submitting requests for 
approval of an alternative method of compliance (AMOC).

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a Note within the AD.

Costs of Compliance

    We estimate that this AD will affect 377 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the 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 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 this AD:
    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 and placed it in the AD docket.

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 the NPRM, 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.

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 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.

[[Page 63589]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-24-18 Bombardier, Inc. (Formerly Canadair): Amendment 39-16112. 
Docket No. FAA-2009-0565; Directorate Identifier 2008-NM-217-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
8, 2010.

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.

    Note 1:  This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g)(1) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.

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) 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.

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
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                                         Use Canadair
                                          Challenger                                    To the Airworthiness
        For Bombardier model--             Temporary             Dated--              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 2:  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, ANE-170, 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: Program Manager, 
Continuing Operational Safety, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; 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, and the service information identified in 
Table 2 of this AD for related information.

                 Table 2--Referenced Service Information
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                                                    To the Airworthiness
 Canadair Challenger Temporary       Dated--        Limitations section
          Revision--                                        of--
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5-236.........................  July 25, 2008....  Section 5-10-30 of
                                                    Chapter 5 of the
                                                    Canadair Challenger
                                                    Time Limits/
                                                    Maintenance Checks,
                                                    PSP 601-5.

[[Page 63590]]

 
5-236.........................  March 22, 2007...  Section 5-10-30 of
                                                    Chapter 5 of the
                                                    Canadair Challenger
                                                    Time Limits/
                                                    Maintenance Checks,
                                                    PSP 601A-5.
5-2-40........................  July 28, 2008....  Section 5-10-40 of
                                                    Chapter 5 of the
                                                    Canadair Challenger
                                                    CL-604 Time Limits/
                                                    Maintenance Checks.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the applicable service information contained in 
Table 3 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.

               Table 3--Material Incorporated by Reference
------------------------------------------------------------------------
                                                    To the Airworthiness
 Canadair Challenger Temporary       Dated--        Limitations section
          Revision--                                        of--
------------------------------------------------------------------------
5-236.........................  July 25, 2008....  Section 5-10-30 of
                                                    Chapter 5 of the
                                                    Canadair Challenger
                                                    Time Limits/
                                                    Maintenance Checks,
                                                    PSP 601-5.
5-236.........................  March 22, 2007...  Section 5-10-30 of
                                                    Chapter 5 of the
                                                    Canadair Challenger
                                                    Time Limits/
                                                    Maintenance Checks,
                                                    PSP 601A-5.
5-2-40........................  July 28, 2008....  Section 5-10-40 of
                                                    Chapter 5 of the
                                                    Canadair Challenger
                                                    CL-604 Time Limits/
                                                    Maintenance Checks.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this 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.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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 November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28554 Filed 12-3-09; 8:45 am]
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