[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Proposed Rules]
[Pages 64960-64963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26550]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 /
Proposed Rules
[[Page 64960]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-1039; Directorate Identifier 2010-NM-002-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. 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:
There has been numerous reported failures of the Regional Jet
engine TCGB [throttle control gearbox] P/Ns: 2100140-003, 2100140-
005 & 2100140-007. Some of these failures have resulted in in-flight
engine shutdowns. Post incident investigations revealed that
excessive wear within the engine TCGB could alter the rigging
position or cause the throttle to jam. With the rigging position
altered, movement of the throttle lever towards the idle position
can result in throttle moving too close to the fuel shut-off
position, which potentially, can cause the engine to flame out.
* * * * *
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 December 6,
2010.
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.
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, Senior Aviation Safety
Engineer, Avionic & Flight Test Branch, ANE-172, 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-2010-1039;
Directorate Identifier 2010-NM-002-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
On March 8, 2005, we issued AD 2005-06-04, Amendment 39-14012 (70
FR 12963, March 17, 2005). That AD required actions intended to address
an unsafe condition on the products listed above.
Since we issued AD 2005-06-04, the inspection for the throttle
control gearbox (TCGB) required by that AD has been transcribed in a
new certification maintenance requirement (CMR) task. This NPRM
proposes to mandate the incorporation of the new CMR task into the CL-
600-2B19 maintenance requirements manual (MRM) as introduced by the MRM
temporary revision 2A-47. Transport Canada Civil Aviation, which is the
aviation authority for Canada, has issued Canadian Airworthiness
Directive CF-2004-01R2, dated September 29, 2009 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
There has been numerous reported failures of the Regional Jet
engine TCGB P/Ns: 2100140-003, 2100140-005 & 2100140-007. Some of
these failures have resulted in in-flight engine shutdowns. Post
incident investigations revealed that excessive wear within the
engine TCGB could alter the rigging position or cause the throttle
to jam. With the rigging position altered, movement of the throttle
lever towards the idle position can result in throttle moving too
close to the fuel shut-off position, which potentially, can cause
the engine to flame out.
Bombardier issued Service Bulletin (SB) 601R-76-019 dated 21
August 2003, to introduce an inspection of, and if required,
replacement of the throttle control gearbox with a serviceable unit.
AD CF-2004-01 was originally issued to mandate the subject
inspection requirement as per SB 601R-76-019 and subsequent
revisions.
The subject TCGB inspection requirements mandated as per the
earlier versions of this AD, are now transcribed in a new
Certification Maintenance Requirement (CMR) task. This revision is
issued to
[[Page 64961]]
mandate the incorporation of the new CMR task into the CL-600-2B19
Maintenance Requirements Manual (MRM), as introduced by the MRM
Temporary Revision (TR) 2A-47.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Bombardier has issued Service Bulletin 601R-76-019, Revision B,
dated February 16, 2005; and Service Bulletin 601R-76-019, Revision C,
dated July 5, 2007. Bombardier has also issued Temporary Revision 2A-
47, dated May 27, 2009, to Appendix A--Certification Maintenance
Requirements, of Part 2 of the Bombardier CL-600-2B19 Maintenance
Requirements Manual. 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 638 products of U.S. registry.
The actions that are required by AD 2005-06-04 and retained in this
proposed AD take about 7 work-hours per product. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
the requirements retained in this proposed AD on U.S. operators to be
$379,610, or $595 per product
We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the new basic requirements in this proposed AD on U.S.
operators to be $54,230, or $85 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-14012 (70 FR
12963, March 17, 2005) and adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2010-1039; Directorate Identifier
2010-NM-002-AD.
Comments Due Date
(a) We must receive comments by December 6, 2010.
Affected ADs
(b) The AD supersedes AD 2005-06-04, Amendment 39-14012.
Applicability
(c) This AD applies to Bombardier, Inc. Model CL-600-2B19
(Regional Jet Series 100 & 440) airplanes, certificated in any
category, having an engine throttle control gearbox (TCGB) with part
number 2100140-003, 2100140-005, or 2100140-007 installed.
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 (m)(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 has been numerous reported failures of the Regional Jet
engine TCGB P/Ns: 2100140-003, 2100140-005 & 2100140-007. Some of
these failures have resulted in in-flight engine shutdowns. Post
incident investigations revealed that excessive wear within the
engine TCGB could alter the rigging position or cause the throttle
to jam.
[[Page 64962]]
With the rigging position altered, movement of the throttle lever
towards the idle position can result in throttle moving too close to
the fuel shut-off position, which potentially, can cause the engine
to flame out.
Bombardier issued Service Bulletin (SB) 601R-76-019 dated 21
August 2003, to introduce an inspection of, and if required,
replacement of the throttle control gearbox with a serviceable unit.
AD CF-2004-01 was originally issued to mandate the subject
inspection requirement as per SB 601R-76-019 and subsequent
revisions.
The subject TCGB inspection requirements mandated as per the
earlier versions of this AD, are now transcribed in a new
Certification Maintenance Requirement (CMR) task. This revision is
issued to mandate the incorporation of the new CMR task into the CL-
600-2B19 Maintenance Requirements Manual (MRM), as introduced by the
MRM Temporary Revision (TR) 2A-47.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of Requirements of AD 2005-06-04, With New Service
Information
Inspection
(g) For airplanes having serial numbers (S/Ns) 7003 through 7067
inclusive, and 7069 and subsequent: At the applicable time specified
in paragraph (g)(1) or (g)(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; Revision `A,' dated February 19,
2004; Revision B, dated February 16, 2005; or Revision C, dated July
5, 2007. If the wear value is 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; Revision `A,'
dated February 19, 2004; Revision B, dated February 16, 2005; or
Revision C, dated July 5, 2007: Repeat the inspection thereafter at
intervals not to exceed 1,000 flight hours. As of the effective date
of this AD, only Bombardier Service Bulletin 601R-76-019, Revision
C, dated July 5, 2007, may be used. Doing the inspection required by
paragraph (k) of this AD terminates the requirement in this
paragraph.
(1) For airplanes having S/Ns 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 April 1, 2005 (the effective date of
AD 2005-06-04), whichever is later.
Note 2: 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
(h) If the wear value found during any inspection required by
paragraph (g) 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; Revision `A,'
dated February 19, 2004; Revision B, dated February 16, 2005; or
Revision C, dated July 5, 2007: Do the applicable actions required
by paragraph (h)(1), (h)(2), or (h)(3) of this AD, at the time
specified, per the Accomplishment Instructions of Bombardier Service
Bulletin 601R-76-019, dated August 21, 2003; Revision `A,' dated
February 19, 2004; Revision B, dated February 16, 2005; or Revision
C, dated July 5, 2007. Repeat the inspection required by paragraph
(g) of this AD thereafter at intervals not to exceed 1,000 flight
hours. As the effective date of this AD, only Bombardier Service
Bulletin 601R-76-019, Revision C, dated July 5, 2007, may be used.
Doing the inspection required by paragraph (k) of this AD terminates
the inspection requirements of this paragraph.
(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 Bombardier Service Bulletin 601R-76-
019, dated August 21, 2003; Revision `A,' dated February 19, 2004;
Revision B, dated February 16, 2005; or Revision C, dated July 5,
2007: 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
Bombardier Service Bulletin 601R-76-019, dated August 21, 2003;
Revision `A,' dated February 19, 2004; Revision B, dated February
16, 2005; or Revision C, dated July 5, 2007. As the effective date
of this AD, only Bombardier Service Bulletin 601R-76-019, Revision
C, dated July 5, 2007, may be used.
(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 Bombardier
Service Bulletin 601R-76-019, dated August 21, 2003; Revision `A,'
dated February 19, 2004; Revision B, dated February 16, 2005; or
Revision C, dated July 5, 2007: 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 Bombardier Service
Bulletin 601R-76-019, dated August 21, 2003; Revision `A,' dated
February 19, 2004; Revision B, dated February 16, 2005; or Revision
C, dated July 5, 2007. Within 1,000 flight hours after doing the
replacement, replace the other gearbox. As the effective date of
this AD, only Bombardier Service Bulletin 601R-76-019, Revision C,
dated July 5, 2007, may be used.
(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 Bombardier Service
Bulletin 601R-76-019, dated August 21, 2003; Revision `A,' dated
February 19, 2004; Revision B, dated February 16, 2005; or Revision
C, dated July 5, 2007: 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 Bombardier Service Bulletin 601R-76-019, dated
August 21, 2003; Revision `A,' dated February 19, 2004; Revision B,
dated February 16, 2005; or Revision C, dated July 5, 2007. As the
effective date of this AD, only Bombardier Service Bulletin 601R-76-
019, Revision C, dated July 5, 2007, may be used.
Additional Guidance
Note 3: Bombardier Service Bulletin 601R-76-019, dated August
21, 2003; Revision `A,' dated February 19, 2004; Revision B, dated
February 16, 2005; or Revision C, dated July 5, 2007; reference
Trans Digm, Inc., AeroControlex Group, Service Bulletin 2100140-007-
76-04, dated July 22, 2003, as an additional source of guidance for
accomplishment of the inspections and replacement.
Reporting Requirement
(i) At the applicable time specified in paragraph (i)(1) or
(i)(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 (g) 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 (g)
of this AD, or within 10 days after April 1, 2005 (the effective
date of AD 2005-06-04), whichever is later.
New Requirements of This AD
Actions
(j) For all airplanes: Within 30 days as the effective date of
this AD, revise the Airworthiness Limitations (AWL) section of the
Instructions for Continued Airworthiness to include the information
in Bombardier
[[Page 64963]]
Temporary Revision 2A-47, dated May 27, 2009, to Appendix A--
Certification Maintenance Requirements, of Part 2 of the Bombardier
CL-600-2B19 Maintenance Requirements Manual.
Note 4: The actions required by paragraph (j) of this AD may be
done by inserting a copy of Bombardier Temporary Revision 2A-47,
dated May 27, 2009, into the AWL section of Appendix A--
Certification Maintenance Requirements, of Part 2 of the Bombardier
CL-600-2B19 Maintenance Requirements Manual. When this temporary
revision has been included in the limitation section of the general
revisions of the document, the general revisions may be inserted in
the document, provided the relevant information in the general
revision is identical to that in Bombardier Temporary Revision 2A-
47, dated May 27, 2009.
(k) For the task identified in Bombardier Temporary Revision 2A-
47, dated May 27, 2009, do the initial inspection within 1,000
flight hours after the effective date of this AD. Doing the initial
inspection required by this paragraph terminates the requirements of
paragraph (g) of this AD and the inspection requirements of
paragraph (h) of this AD.
(l) Thereafter, except as provided by paragraph (m) of this AD,
no alternative intervals may be approved for the task indentified in
Bombardier Temporary Revision 2A-47, dated May 27, 2009, which
requires a special detailed inspection of the throttle control
gearbox for gear and rack teeth wear.
FAA AD Differences
Note 5: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(m) 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. Send information 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 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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(n) Refer to MCAI Canadian Airworthiness Directive CF-2004-01R2,
dated September 29, 2009; Bombardier Service Bulletin 601R-76-019,
Revision C, dated July 5, 2007; and Bombardier Temporary Revision
2A-47, dated May 27, 2009, to Appendix A--Certification Maintenance
Requirements, of Part 2 of the Bombardier CL-600-2B19 Maintenance
Requirements Manual; for related information.
Issued in Renton, Washington, on October 13, 2010.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-26550 Filed 10-20-10; 8:45 am]
BILLING CODE 4910-13-P