29632 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Boeing: Docket No. FAA–2009–0553; 

Directorate Identifier 2008–NM–199–AD. 

Comments Due Date 

(a) We must receive comments by August 

7, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 747– 

100, 747–100B, 747–200B, 747–200C, 747– 

200F, and 747SR series airplanes, certificated 

in any category; as identified in Boeing Alert 

Service Bulletin 747–53A2751, dated October 

9, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Unsafe Condition 

(e) This AD results from a report of broken 

and cracked frame shear ties, cracks on the 

frame doubler and frame web, and missing 

fasteners in the stringer (S)–10L stringer-tostringer clip joint at the station (STA) 820 

frame. We are proposing this AD to detect 

and correct missing fasteners at the stringerto-stringer clip joints, which could result in 

shear tie and skin cracks and rapid in-flight 

decompression of the airplane. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspection for Missing Fasteners 

(g) Within 3,000 flight cycles after the 

effective date of this AD: Do a one-time 

general visual inspection for missing 

fasteners in the left and right side S–10, S– 

10A, and S–11 stringer-to-stringer clip joints 

at the STA 760 through 940 frames, in 

accordance with the Accomplishment 

Instructions of Boeing Alert Service Bulletin 

747–53A2751, dated October 9, 2008. If any 

fasteners are missing, before further flight, do 

detailed and surface high frequency eddy 

current inspections to detect cracking of the 

adjacent frame and skin structure in 

accordance with the Accomplishment 

Instructions of the service bulletin. Install all 

missing fasteners before further flight. 

(h) If any crack is found during the 

inspection required by paragraph (g) of this 

AD: Before further flight, repair any cracked 

shear ties, frame web, and/or skin in 

accordance with Boeing Service Bulletin 

747–53A2751, dated October 9, 2008. 

(i) If any repair is done in accordance with 

paragraph (h) of this AD, before 20,000 total 

flight cycles or within 3,000 flight cycles 

from the repair installation, whichever 

occurs later: Do a detailed inspection of the 

repair(s) and the adjacent structure within 10 

inches of the repair(s) for cracking. Repeat 

the inspection thereafter at intervals not to 

exceed 3,000 flight cycles. If any crack is 

found during this inspection, before further 

flight, repair using a method approved in 

accordance with the procedures specified in 

paragraph (j) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), 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: Ivan Li, 

Aerospace Engineer, Airframe Branch, ANM– 

120S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6437; fax (425) 917–6590. Or, e-mail 

information to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. 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, in the FAA Flight Standards 

District Office (FSDO), or lacking a principal 

inspector, your local FSDO. The AMOC 

approval letter must specifically reference 

this AD. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

Issued in Renton, Washington, on June 15, 

2009. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–14677 Filed 6–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

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). 

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 Coˆte-Vertu Road West, Dorval, 

Que ́bec H4S 1Y9, Canada; telephone 

514–855–5000; fax 514–855–7401; email 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, 

Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 29633 

Airframe 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 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. 

29634 Federal Register / Vol. 74, No. 119 / Tuesday, June 23, 2009 / Proposed Rules 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Bombardier, Inc. (Formerly Canadair): 

Docket No. FAA–2009–0565; Directorate 

Identifier 2008–NM–217–AD. 

Comments Due Date 

(a) We must receive comments by July 23, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Bombardier 

Model CL–600–2A12 (CL–601) and CL–600– 

2B16 (CL–601–3A, CL–601–3R, and CL–604) 

airplanes, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 76: Engine controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (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) ant 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. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 30 days after the effective date 

of this AD: Revise the Airworthiness 

Limitations section of the Instructions for 

Continued Airworthiness by incorporating 

the applicable task in the TR listed in Table 

1 of this AD. 

TABLE 1—TEMPORARY REVISIONS TO THE AIRWORTHINESS LIMITATIONS SECTION

For Bombardier model— 

Use 

Canadair 

Challenger 

Temporary 

Revision— 

Dated— To the airworthiness limitations section of— 

CL–600–2A12 (CL–601) airplanes ................... 5–236 July 25, 2008 ............................... Section 5–10–30 of Chapter 5 of the 

Canadair Challenger Time Limits/Maintenance Checks, PSP 601–5. 

CL–600–2B16 (CL–601–3A, and CL–601–3R) 

airplanes.

5–236 March 22, 2007 ............................ Section 5–10–30 of Chapter 5 of the 

Canadair Challenger Time Limits/Maintenance Checks, PSP 601A–5. 

CL–600–2B16 (CL–604) airplanes ................... 5–2–40 July 28, 2008 ............................... Section 5–10–40 of Chapter 5 of the 

Canadair Challenger CL–604 Time Limits/ 

Maintenance Checks. 

(2) For the new TLMC tasks identified in 

Canadair Challenger Temporary Revision 5– 

236, dated July 25, 2008; Temporary Revision 

5–2–40, dated July 28, 2008; and Temporary 

Revision 5–236, dated March 22, 2007: Initial 

compliance with the new TLMC tasks must 

be carried out in accordance with the phasein schedule detailed in the Canadair 

Challenger TRs 5–236 and TR 5–2–40, as 

applicable, after the effective date of this AD. 

Thereafter, except as provided by paragraph 

(g)(1) of this AD, no alternative TLMC task 

intervals may be used. 

(3) When information in a TR specified in 

paragraph (f)(1) has been included in the 

general revisions of the applicable 

Airworthiness Limitations section, the TR 

may be removed from that Airworthiness 

Limitations section of the Instruction for 

Continued Airworthiness. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), 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: Rocco 

Viselli, Aerospace Engineer, Airframe 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. 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2008–32R2, dated November 

17, 2008; Canadair Challenger Temporary 

Revision 5–236, dated July 25, 2008; 

Canadair Challenger CL–604 Temporary 

Revision 5–2–40, dated July 28, 2008; and 

Canadair Challenger Temporary Revision 5– 

236, dated March 22, 2007; for related 

information. 

Issued in Renton, WA, on June 15, 2009. 

Dorr M. Anderson, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–14678 Filed 6–22–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 635 

[FHWA Docket No. FHWA–2009–0029] 

RIN 2125–AF31 

Discontinuance of Form FHWA–47 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of proposed rulemaking; 

request for comments. 

SUMMARY: This NPRM proposes to 

eliminate regulations which require