[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50371-50372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20172]



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  Federal Register / Vol. 77, No. 162 / Tuesday, August 21, 2012 / 
Rules and Regulations  

[[Page 50371]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0328; Directorate Identifier 2011-NM-259-AD; 
Amendment 39-17162; AD 2012-16-15]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. 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 certain 
Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 440) 
airplanes. This AD was prompted by reports of jamming/malfunctioning of 
the left-hand engine thrust control mechanism. This AD requires 
modifying the left-hand engine upper core-cowl. We are issuing this AD 
to prevent jamming/malfunctioning of the left-hand engine thrust 
control mechanism, which could lead to loss of control of the airplane.

DATES: This AD becomes effective September 25, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
25, 2012.

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: Mazdak Hobbi, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Westbury, NY 11590; 
telephone (516) 228-7330; 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 April 6, 2012 (77 FR 
20746). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    There have been several reported incidents of jamming/
malfunctioning of the left hand (L/H) engine thrust control 
mechanism on the affected aeroplanes. The investigation has shown 
that an improperly stowed or dislodged upper core-cowl-door Hold 
Open Rod, can impede a Fuel Control Unit (FCU) function by 
obstructing the movement of the FCU actuating lever arm, hence 
rendering the L/H engine thrust control inoperable.
    Due to the engine's orientation, the subject FCU fouling is 
limited only to the L/H engine installation on the affected twin 
engine powered aeroplanes; however the potential hazard of any in-
flight engine shut down caused by jammed engine fuel control lever 
is a safety concern that warrants mitigating action.
    In order to help alleviate the possibility of an in-flight 
engine shut down due to the subject fouling of the FCU lever by the 
core-cowl-door Hold Open Rod, Bombardier has issued a Service 
Bulletin (SB) to install a new bracket at the L/H engine upper core-
cowl-door location. This [Canadian] directive is issued to mandate 
the incorporation of the SB 601R-71-033 on the affected aeroplanes.

    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 (77 FR 20746, April 6, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 20746, April 6, 2012) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 20746, April 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 601 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $54 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $134,624, or $224 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 that this AD:

[[Page 50372]]

    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 (77 FR 20746, April 6, 2012), 
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

    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.


Sec.  39.13  [Amended]

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

2012-16-15 Bombardier, Inc.: Amendment 39-17162. Docket No. FAA-
2012-0328; Directorate Identifier 2011-NM-259-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
25, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2B19 (Regional 
Jet Series 100 & 440) airplanes, certificated in any category; 
serial numbers 7003 through 7067 inclusive, 7069 through 7990 
inclusive, and 8000 through 8112 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 71: Powerplant.

(e) Reason

    This AD was prompted by reports of jamming/malfunctioning of the 
left-hand engine thrust control mechanism. We are issuing this AD to 
prevent jamming/malfunctioning of the left-hand engine thrust 
control mechanism, which could lead to loss of control of the 
airplane.

(f) Compliance

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

(g) Actions

    Within 36 months or 6,000 flight hours after the effective date 
of this AD, whichever occurs first: Modify the left-hand engine 
upper core-cowl, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 601R-71-033, dated August 24, 2011.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the New York ACO, send it to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590; telephone 516-228-7300; 
fax 516-794-5531. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding 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.

(i) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-38, dated 
October 19, 2011; and Bombardier Service Bulletin 601R-71-033, dated 
August 24, 2011; for related information.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 601R-71-033, dated August 24, 
2011.
    (ii) Reserved.
    (3) For Bombardier 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; email [email protected]; Internet http://www.bombardier.com.
    (4) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, 
call 425-227-1221.
    (5) 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 an NARA facility, 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 August 9, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-20172 Filed 8-20-12; 8:45 am]
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