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[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74665-74667]
From the Federal Register Online via the Government Printing 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: 
Luke.Walker@faa.gov.

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]
BILLING CODE 4910-13-P
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