[Federal Register: June 24, 2004 (Volume 69, Number 121)]
[Rules and Regulations]
[Page 35239-35243]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn04-5]
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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]
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