Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74665 

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. 

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 


emcdonald on DSK5VPTVN1PROD with RULES
74666 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 

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 

■ 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: 

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, 


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Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74667 

Mississauga, Ontario, Canada L5S 1V7; 

telephone (905) 405–1371; fax (905) 405– 

1373; email 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0914; Directorate 

Identifier 2010–NM–166–AD; Amendment 

39–16876; AD 2011–24–12] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–200, –200C, –300, 

–400, and –500 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain Model 737–300, –400, and –500 

series airplanes. That AD currently 

requires repetitive external nondestructive inspections to detect cracks 

in the fuselage skin along the chem-mill 

step at stringers S–1 and S–2 right, 

between station (STA) 827 and STA 

847, and repair if necessary. This new 

AD adds inspections for cracking in 

additional fuselage crown skin 

locations, and repair if necessary. This 

new AD also reduces the inspection 

thresholds for certain airplanes, extends 

certain repetitive inspection intervals, 

and adds airplanes to the applicability 

of the existing AD. This AD was 

prompted by reports of additional crack 

findings of the fuselage crown skin at 

the chem-milled steps. We are issuing 

this AD to detect and correct fatigue 

cracking of the fuselage skin panels at 

the chem-milled steps, which could 

result in sudden fracture and failure of 

the fuselage skin panels, and 

consequent rapid decompression of the 

airplane. 

DATES: This AD is effective January 5, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 5, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain other publication listed in 

this AD as of February 16, 2010 (75 FR 

1527, January 12, 2010). 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone (206) 544–5000, 

extension 1; fax (206) 766–5680; Email 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility 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 address for the 

Docket Office (phone: (800) 647–5527) 

is 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 FURTHER INFORMATION CONTACT: 

Wayne Lockett, Aerospace Engineer, 

Airframe Branch, ANM–120S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: (425) 

917–6447; fax: (425) 917–6590; Email: 

wayne.lockett@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2010–01–09, 

Amendment 39–16167 (75 FR 1527, 

January 12, 2010). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

September 1, 2011 (76 FR 54399). That 

NPRM proposed to continue to require 

repetitive external non-destructive 

inspections to detect cracks in the 

fuselage skin along the chem-mill step 

at stringers S–1 and S–2 right, between 

station (STA) 827 and STA 847, and 

repair if necessary. That NPRM also 

proposed to add inspections for 

cracking in additional fuselage crown 

skin locations, and repair if necessary. 

That NPRM also proposed to reduce the 

inspection thresholds for certain 

airplanes, extend certain repetitive 

inspection intervals, and add airplanes 

to the applicability of the existing AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

have considered the comments received. 

Boeing and the National Transportation 

Safety Board support the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Interim Action 

We consider this proposed AD 

interim action. If final action is later 

identified, we might consider further 

rulemaking then. 

Costs of Compliance 

We estimate that this AD affects 654 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Work hours Average labor 

rate per hour Cost per product 

Number of 

U.S.-registered 

airplanes 

Fleet cost 

Inspection in AD 2010–01–09 (75 FR 

1527, January 12, 2010).

2 .............................. $85 $170 per inspection 

cycle.

135 $22,950 per inspection cycle. 


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