[Federal Register Volume 76, Number 229 (Tuesday, November 29, 2011)]
[Rules and Regulations]
[Pages 73481-73483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29805]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0720; Directorate Identifier 2010-NM-252-AD;
Amendment 39-16867; AD 2011-24-03]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC-8-400 series airplanes. This 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 one reported incident where the main landing gear
(MLG) failed to extend during testing of the MLG alternate release
system. Investigation revealed that the door release lever bushing
was worn, causing an increase in the lateral movement of the release
cable system. An increase in free-play within the release cable
system would cause additional wear to the door release lever bushing
and may lead to the turnbuckle fouling against the nacelle frame.
The bushing wear at the door release lever and turnbuckle fouling
could cause a failure in the alternate release system, preventing
the landing gear from extending in the case of a failure of the
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing. We are issuing
this AD to require actions to correct the unsafe condition on these
products.
DATES: This AD becomes effective January 3, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 3,
2012.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7303; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 1, 2011 (76
FR 45713). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
There has been one reported incident where the main landing gear
(MLG) failed to extend during testing of the MLG alternate release
system. Investigation revealed that the door release lever bushing
was worn, causing an increase in the lateral movement of the release
cable system. An increase in free-play within the release cable
system would cause additional wear to the door release lever bushing
and may lead to the turnbuckle fouling against the nacelle frame.
The bushing wear at the door release lever and turnbuckle fouling
could cause a failure in the alternate release system, preventing
the landing gear from extending in the case of a failure of the
normal MLG extension/retraction system.
This [Transport Canada Civil Aviation] directive is to mandate
the incorporation of a new maintenance task to prevent excessive
free-play of the turnbuckle and cable within the alternate release
system.
The unsafe condition is loss of control during landing. You may obtain
further information by examining the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request To Refer to Revision Incorporating Temporary Revision
Horizon Air Industries, Inc. (the commenter) requested that we
revise paragraph (g) of the NPRM (76 FR 45713, August 1, 2011) to
reference Revision 7, dated June 5, 2010, of the Bombardier Q400 Dash 8
Maintenance Requirements Manual (MRM), PSM 1-84-7, instead of
Bombardier Temporary Revision (TR) MRB-46, dated February 4, 2010, to
Section 1-32, Systems/Powerplant Maintenance Program, of the
Maintenance Review Board (MRB) Report Part 1, of the Bombardier Q400
Dash 8 MRM, PSM 1-84-7. The commenter explained that this TR was
removed from this MRM by Revision 7 of this MRM; therefore, this TR
does not exist. The commenter reasoned that referencing Bombardier TR
MRB-46 in the final rule will force operators to request an alternative
method of
[[Page 73482]]
compliance to use Revision 7 of this MRM, because this TR is no longer
included in this MRM. The commenter suggested that, if the AD must
reference the same document as Canadian AD CF-2010-26, dated August 17,
2010, then a paragraph needs to be added to the final rule allowing
operators to remove this TR once it is incorporated into the manual by
the general revision.
We agree that operators should be allowed to remove Bombardier TR
MRB-46 once it is included in the general revision of the Bombardier
MRM. Therefore, we have revised this final rule to add a note following
paragraph (g) of this final rule to allow operators to remove
Bombardier TR MRB-46, dated February 4, 2010, once it has been included
in the general revisions of the Bombardier Q400 Dash 8 MRM. We have
revised the final rule and re-identified subsequent notes accordingly.
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 65 products of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $5,525, 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 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 this AD:
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 and placed it in the AD docket.
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 the NPRM (76 FR 45713, August 1,
2011), 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 adding the following new AD:
2011-24-03 Bombardier, Inc.: Amendment 39-16867. Docket No. FAA-
2011-0720; Directorate Identifier 2010-NM-252-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective January
3, 2012.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes, certificated in any category, having serial
numbers 4001 and subsequent.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
Gear.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
There has been one reported incident where the main landing gear
(MLG) failed to extend during testing of the MLG alternate release
system. Investigation revealed that the door release lever bushing
was worn, causing an increase in the lateral movement of the release
cable system. An increase in free-play within the release cable
system would cause additional wear to the door release lever bushing
and may lead to the turnbuckle fouling against the nacelle frame.
The bushing wear at the door release lever and turnbuckle fouling
could cause a failure in the alternate release system, preventing
the landing gear from extending in the case of a failure of the
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing.
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.
Actions
(g) Within 30 days after the effective date of this AD, revise
the maintenance program by incorporating Task 323400-203 specified
in Bombardier Temporary Revision (TR) MRB-46, dated February 4,
2010, to Section 1-32, Systems/Powerplant Maintenance
[[Page 73483]]
Program, of the Maintenance Review Board (MRB) Report Part 1, of the
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7.
The initial compliance time for the actions specified in Bombardier
TR MRB-46, dated February 4, 2010, is within 6,000 flight hours
after the effective date of this AD. Thereafter, operate the
airplane according to the procedures and compliance times in
Bombardier TR MRB-46, dated February 4, 2010.
Note 1: The revision required by paragraph (g) of this AD may be
done by inserting a copy of Bombardier TR MRB-46, dated February 4,
2010, into Section 1-32, Systems/Powerplant Maintenance Program, of
the Maintenance Review Board (MRB) Report Part 1, of the Bombardier
Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. When
Bombardier TR MRB-46, dated February 4, 2010, has been included in
general revision of the Bombardier Q400 Dash 8 Maintenance
Requirements Manual, the Bombardier Q400 Dash 8 Maintenance
Requirements Manual may be removed from Bombardier TR MRB-46, dated
February 4, 2010, provided that the relevant information in the
general revision is identical to that in Bombardier TR MRB-46, dated
February 4, 2010.
No Alternative Actions, Intervals, and/or Critical Design Configuration
Control Limitations (CDCCLs)
(h) After accomplishing the revision required by paragraph (g)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (i) of this
AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(i) 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, 1600 Stewart Avenue, Suite 410, Westbury, NY
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.
Related Information
(j) Refer to MCAI Canadian Airworthiness Directive CF-2010-26,
dated August 17, 2010; and Bombardier Temporary Revision MRB-46,
dated February 4, 2010, to Section 1-32, Systems/Powerplant
Maintenance Program, of the Maintenance Review Board Report Part 1,
of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM
1-84-7; for related information.
Material Incorporated by Reference
(k) You must use Bombardier Temporary Revision MRB-46, dated
February 4, 2010, to Section 1-32, Systems/Powerplant Maintenance
Program, of the Maintenance Review Board Report Part 1, of the
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7,
to do the actions required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone (416) 375-
4000; fax (416) 375-4539; email [email protected];
Internet http://www.bombardier.com.
(3) You may review copies of the 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.
(4) You may also review copies of the service information that
is incorporated by reference 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.
Issued in Renton, Washington, on November 8, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-29805 Filed 11-28-11; 8:45 am]
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