Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 56989 

revision 2, dated March 28, 2012, for related 

information. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

dated October 24, 2011; 

(ii) Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

revision 1, dated February 3, 2012; and 

(iii) Piaggio Aero Industries S.p.A. 

Mandatory Service Bulletin No. 80–0318, 

revision 2, dated March 28, 2012. 

(3) For PIAGGIO AERO INDUSTRIES S.p.A 

service information identified in this AD, 

contact Piaggio Aero Industries S.p.A— 

Airworthiness Office, Via Luigi Cibrario, 4– 

16154 Genova-Italy; phone: +39 010 6481353; 

fax: +39 010 6481881; email: 

airworthiness@piaggioaero.it; Internet: http:// 

www.piaggioaero.com/#/en/aftersales/ 

service-support. 

(4) You may view this service information 

at FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. For 

information on the availability of this 

material at the FAA, call (816) 329–4148. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Kansas City, Missouri, on August 

29, 2012. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–22542 Filed 9–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0267; Directorate 

Identifier 2011–NM–174–AD; Amendment 

39–17192; AD 2012–18–15] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Bombardier Inc. Model DHC–8–400 

series airplanes. This AD was prompted 

by reports that the automatic de-icing 

mode became unavailable due to a 

failure of the timer and monitor unit 

(TMU). This AD requires replacing the 

TMU. We are issuing this AD to prevent 

loss of the automatic de-icing mode and 

consequent increased workload for the 

flightcrew, which, depending on 

additional failures, could lead to loss of 

control of the airplane. 

DATES: This AD becomes effective 

October 22, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of October 22, 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: 

Cesar Gomez, 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– 

7318; 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 March 20, 2012 (77 FR 

16191). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

There have been multiple reports of inservice incidents where the automatic 

deicing mode became unavailable due to a 

failure of the Timer and Monitor Unit (TMU). 

Investigation has revealed that the failures 

were attributed to overstressed capacitors 

installed in the circuit board of the TMU 

‘‘Module 300’’ power supply. The failure of 

the capacitors leads to failure of the TMU 

‘‘Module 300’’ power supply and subsequent 

loss of the automatic deicing mode. 

This [Transport Canada Civil Aviation 

(TCCA)] directive mandates the replacement 

of the TMU, part number (P/N) 4100S018–06, 

with a new improved unit, P/N 4100S018– 

07. 

The unsafe condition is loss of the 

automatic de-icing mode and 

consequent increased workload for the 

flightcrew, which, depending on 

additional failures, could lead to loss of 

control of the airplane. 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 

have considered the comments received. 

Support for the NPRM (77 FR 16191, 

March 20, 2012) 

The Air Line Pilots Association, 

International (ALPA) supports the intent 

of the NPRM (77 FR 16191, March 20, 

2012). 

Request To Withdraw the NPRM (77 FR 

16191, March 20, 2012) 

Katherine Carpenter, a private citizen, 

stated that it seems unnecessary to 

require a law for replacing a faulty part, 

and that common sense indicates that 

companies should replace the parts to 

limit their liability in case of an 

accident. 

We infer that the commenter was 

requesting that we withdraw the NPRM 

(77 FR 16191, March 20, 2012). 

According to section 39.1 

(‘‘Airworthiness Directives’’) of the 

Federal Aviation Regulations (14 CFR 

39.1), we issue an AD based on our 

finding that an unsafe condition exists 

and is likely to exist or develop in 

products of the same type design. We 

have the responsibility, placed on us by 

the Federal Aviation Act (49 U.S.C. 

App. 1301 et seq.), to make an unsafe 

condition—whether resulting from 

maintenance, design defect, or 

otherwise—the subject of an AD, and to 

issue an AD when that unsafe condition 

is likely to exist or develop on other 

products of the same type design. 

Further, it is within our authority to 

issue ADs to require corrective actions 

to address unsafe conditions that are not 

being addressed (or not addressed 

adequately) by operators’ normal 

maintenance procedures. An AD is the 

appropriate means for mandating this 

action. As a result, we are issuing this 

AD to eliminate the identified unsafe 

condition by requiring replacement of 

the TMU. 

Request To Reduce Compliance Time 

ALPA requested that the compliance 

time be reduced from 3,000 flight hours 

or 18 months, to 1,000 flight hours or 6 

months, in order to reduce the operating 

exposure of the affected airplanes to two 

winter seasons. 

We disagree to reduce the compliance 

time for two reasons. First, the DEICE 

PRESS or DEICE TIMER caution lights 

annunciate a failure to the flightcrew; 

the airplane flight manual (AFM) 

provides procedures to address this 

failure and instructs the flightcrew to 

use the manual mode of the pneumatic 

ice protection system and to exit icing 

conditions as soon as possible. While an 


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56990 Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 

increased pilot workload is classified as 

‘‘major’’ in a fictional hazard 

assessment, the actual number of these 

events decreases that probability to a 

‘‘medium’’ safety risk. Second, the 

manufacturer indicated that the mean 

time between TMU replacements has 

been 3,000 flight hours, consistent with 

the compliance time for this AD action. 

For these reasons, we determined that 

the compliance time is justified, and we 

have not changed the final rule in this 

regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

16191, March 20, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 16191, 

March 20, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

about 81 products of U.S. registry. We 

also estimate that it will take about 3 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 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 this AD 

to the U.S. operators to be $20,655, or 

$255 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 that 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); 

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 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 (77 FR 16191, 

March 20, 2012), 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2012–18–15 Bombardier, Inc.: Amendment 

39–17192. Docket No. FAA–2012–0267; 

Directorate Identifier 2011–NM–174–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective October 22, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Bombardier, Inc. Model 

DHC–8–400, –401, and –402 airplanes, 

certificated in any category, serial numbers 

4001 and subsequent, equipped with Aerazur 

timer and monitor unit(TMU), part number 

(P/N) 4100S018–06. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 30: Ice and rain protection. 

(e) Reason 

This AD was prompted by reports that the 

automatic de-icing mode became unavailable 

due to a failure of the TMU. We are issuing 

this AD to prevent loss of the automatic deicing mode and consequent increased 

workload for the flightcrew, which, 

depending on additional failures, 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) Replacement of the TMU 

Within 3,000 flight hours or 18 months 

after the effective date of this AD, whichever 

occurs first: Replace TMU P/N 4100S018–06 

with new TMU P/N 4100S018–07, by 

incorporating Bombardier ModSum 4– 

126525, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–30–14, dated May 20, 

2011. 

(h) Parts Installation Prohibition 

As of the effective date of this AD, no 

person may install a TMU, P/N 4100S018–06, 

on any airplane. 

(i) 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 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, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations 56991 

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. 

(j) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–34, dated August 16, 

2011; and Bombardier Service Bulletin 84– 

30–14, dated May 20, 2011; for related 

information. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the following service information 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) Bombardier Service Bulletin 84–30–14, 

dated May 20, 2011. 

(ii) Reserved. 

(3) 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 thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) 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 an NARA facility, 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 

September 4, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–22335 Filed 9–14–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0816; Directorate 

Identifier 2011–CE–022–AD; Amendment 

39–17180; AD 2012–18–04] 

RIN 2120–AA64 

Airworthiness Directives; Costruzioni 

Aeronautiche Tecnam srl Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Costruzioni Aeronautiche Tecnam srl 

Model P2006T airplanes. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

issued 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 cracking, bulging, 

deformation, or oil leakage in the lower 

lid of the landing gear emergency 

accumulator, which could result in 

decreasing the airplane’s structural 

integrity and jeopardizing the landing 

gear emergency extension in case of 

system failure in normal mode. We are 

issuing this AD to require actions to 

address the unsafe condition on these 

products. 

DATES: This AD is effective October 22, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of October 22, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

For service information identified in 

this AD, contact Costruzioni 

Aeronautiche TECNAM Airworthiness 

Office, Via Maiorise—81043 Capua (CE) 

Italy; telephone: +39 0823 620134; fax: 

+39 0823 622899; email: 

m.oliva@tecnam.com or 

g.paduano@tecnam.com; Internet: 

www.tecnam.com. You may review 

copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

FOR FURTHER INFORMATION CONTACT: 

Albert Mercado, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 

Locust, Room 301, Kansas City, 

Missouri 64106; phone: (816) 329–4119; 

fax: (816) 329–4090; email: 

albert.mercado@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (SNPRM) to 

amend 14 CFR part 39 to include an AD 

that would apply to the specified 

products. That SNPRM was published 

in the Federal Register on June 13, 2012 

(77 FR 35304). That SNPRM proposed to 

correct an unsafe condition for the 

specified products. The MCAI states: 

During a pre-flight inspection of a P2006T 

aeroplane, the lower skin of the fuselage aft 

tail cone was found damaged. This damage 

was caused by the lower lid of the LG 

emergency accumulator, which had detached 

from the LG emergency accumulator, 

violently hitting the lower skin of the 

fuselage aft tail cone and damaging the 

accumulator cylinder. 

This condition, if not detected and 

corrected, could impair the aeroplane 

structural integrity and jeopardize the LG 

emergency extension in case of system failure 

in normal mode. 

For the reasons described above, EASA 

issued Emergency AD 2011–0063–E to 

require a one-time inspection of the LG 

emergency accumulator cylinder for cracks, 

deformation or oil leakage and, depending on 

findings, the accomplishment of the 

applicable corrective actions. 

After that AD was issued, Costruzioni 

Aeronautiche TECNAM developed a 

modification (MOD 2006–108) and published 

Service Bulletin (SB) SB–048–CS Revision 1, 

dated 06 July 2011, that contained the 

instructions for that modification. Prompted 

by this development, EASA issued PAD 11– 

070 for consultation until 16 August 2011, 

proposing to require incorporation of this 

modification on all affected aeroplanes, and 

to require certain post-modification repetitive 

inspections. 

During the consultation period of PAD 11– 

070, an operator who had applied 

Costruzioni Aeronautiche TECNAM SB–048– 

CS on his aeroplane, reported finding 

abnormal deformation of the emergency 

accumulator, to such an extent that it would 

jeopardize the LG emergency extension in 

case of system failure in normal mode. To 

address this additional safety concern, 

Costruzioni Aeronautiche TECNAM issued 

SB–068–CS which contains instructions to 

inspect post-modification aeroplanes. 

For the reasons described above, EASA AD 

2011–0153–E retained the requirements of 

EASA AD 2011–0063–E, which was 

superseded, and required modification of the 

landing gear emergency accumulator by 

installation of safety rings and repetitive 

inspections after modification. In addition, 


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