[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74665-74667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30232]
[[Page 74665]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1256; Directorate Identifier 2011-NM-036-AD;
Amendment 39-16874; AD 2011-24-10]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
Bombardier, Inc. Model DHC-8-201 and -202 airplanes with FAA
Supplemental Type Certificate (STC) ST00753NY (Transport Canada Civil
Aviation (TCCA) STC SA97-106) installed. 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:
It has been determined that modifications by DECA Aviation
Engineering Limited on Bombardier Inc. DHC-8 Series * * * 200
aeroplanes with their Cargo Conversion and Abrasion Protection
Systems, Supplemental Type Certificates (STCs) * * * SA97-106,
provide inadequate fire protection and decompression venting means.
This can lead to an uncontrolled cargo fire and structural damage.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective December 16, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 16,
2011.
We must receive comments on this AD by January 17, 2012.
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 W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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 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: Luke Walker, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; phone: (516) 228-7363; fax: (516) 794-5531; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-02, dated February 1, 2011 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
It has been determined that modifications by DECA Aviation
Engineering Limited on Bombardier Inc. DHC-8 Series * * * 200
aeroplanes with their Cargo Conversion and Abrasion Protection
Systems, Supplemental Type Certificates (STCs) * * * SA97-106,
provide inadequate fire protection and decompression venting means.
This can lead to an uncontrolled cargo fire and structural damage.
This [TCCA] directive mandates the removal of these Cargo
Conversion and Abrasion Protection Systems.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
DECA Aviation Engineering Limited has issued Engineer Order EI4394,
Revision 2, dated February 5, 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 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-1256; Directorate
Identifier 2011-NM-036-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
[[Page 74666]]
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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.
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:
2011-24-10 Bombardier, Inc.: Amendment 39-16874. Docket No. FAA-
2011-1256; Directorate Identifier 2011-NM-036-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
16, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-201, and -
202 airplanes; certificated in any category; serial numbers 003 and
subsequent with FAA Supplemental Type Certificate (STC) ST00753NY
(Transport Canada Civil Aviation (TCCA) STC SA97-106) installed.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
It has been determined that modifications by DECA Aviation
Engineering Limited on Bombardier Inc. DHC-8 Series * * * 200
aeroplanes with their Cargo Conversion and Abrasion Protection
Systems, Supplemental Type Certificates (STCs) * * * SA97-106,
provide inadequate fire protection and decompression venting means.
This can lead to an uncontrolled cargo fire and structural damage.
* * * * *
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.
Cargo Conversion System and Combi Abrasion Protection System Removal
(g) Within 60 days after the effective date of this AD: Remove
the DECA Aviation Engineering Limited Combi Abrasion Protection
System configurations previously installed by using FAA STC
ST00753NY (TCCA STC SA97-106), in accordance with the removal
instructions specified in DECA Engineering Order EI4394, Revision 2,
dated February 5, 2011.
Parts Installation
(h) As of the effective date of this AD, no person may install
the DECA Aviation Engineering Limited Combi Abrasion Protection
Systems configurations by using FAA STC ST00753NY (TCCA STC SA97-
106), on any airplane.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(i) Removing the DECA Combi Abrasion Protection System in
accordance with DECA Engineering Order EI4394, Revision 1, dated
January 13, 2011, before the effective date of this AD is acceptable
for compliance with the corresponding removal required by paragraph
(g) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: This FAA AD only applies to Model DHC-8
Series 200 airplanes with Supplemental Type Certificate (STC) FAA
ST00753NY (TCCA STC SA97-106) installed. The FAA has not approved
any STC equivalent to Model DHC-8 series 100 TCCA STC SA00-107.
Other FAA AD Provisions
(j) 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, 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.
Related Information
(k) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Transport Canada Civil Aviation (TCCA), Airworthiness
Directive CF-2011-02, dated February 1, 2011; and DECA Engineering
Order EI4394, Revision 2, dated February 5, 2011; for related
information.
Material Incorporated by Reference
(l) You must use DECA Engineering Order EI4394, Revision 2,
dated February 5, 2011, 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 DECA
Aviation Engineering Limited, 7050 Telford Way Suite 200,
[[Page 74667]]
Mississauga, Ontario, Canada L5S 1V7; telephone (905) 405-1371; fax
(905) 405-1373; email aviation.com">inquiry@deca-aviation.com; Internet http://
www.deca-aviation.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 10, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30232 Filed 11-30-11; 8:45 am]
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