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).
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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, Quebec H4S 1Y9,
Canada; telephone 514-855-5000; fax 514-855-7401; e-mail
thd.crj@aero.bombardier.com; 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, Air-
frame 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 Proc-
edures (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 adding the following new AD: