[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Proposed Rules]
[Pages 20746-20747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8221]



[[Page 20746]]

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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]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. 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 
certain Bombardier, Inc. Model CL-600-2B19 (Regional Jet Series 100 & 
440) airplanes. This proposed AD was prompted by reports of jamming/
malfunctioning of the left-hand engine thrust control mechanism. This 
proposed AD would require modifying the left-hand engine upper core-
cowl. We are proposing 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: We must receive comments on this proposed AD by May 21, 2012.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 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; email 
<a href="/cdn-cgi/l/email-protection#7c081418521f0e163c1d190e13521e13111e1d0e1815190e521f1311"><span class="__cf_email__" data-cfemail="fb8f939fd5988991bb9a9e8994d5999496999a899f929e89d5989496">[email protected]</span></a>; 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: 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:

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-2012-0328; 
Directorate Identifier 2011-NM-259-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

    The Transport Canada Civil Aviation, which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-38, dated October 19, 2011 (referred to after this as ``the 
MCAI''), 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.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 601R-71-033, dated 
August 24, 2011. 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 601 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would 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 the proposed AD on 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

[[Page 20747]]

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);
    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 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:

Bombardier, Inc.: Docket No. FAA-2012-0328; Directorate Identifier 
2011-NM-259-AD.

(a) Comments Due Date

    We must receive comments by May 21, 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.


    Issued in Renton, Washington, on March 15, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-8221 Filed 4-5-12; 8:45 am]
BILLING CODE 4910-13-P


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