This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

48419 

Vol. 77, No. 157 

Tuesday, August 14, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1418; Directorate 

Identifier 2011–NM–187–AD; Amendment 

39–17157; AD 2012–16–10] 

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 chafing on high pressure fuel lines 

due to improper installation of an 

expandable pin on the lower cowl 

assembly. This AD requires installing 

spring clips and repositioning the 

lanyard attachment points at the 

forward end and the forward firefloor of 

the lower cowl. We are issuing this AD 

to prevent chafing of the high pressure 

fuel lines, which if not corrected, could 

cause fuel leakage in a fire zone. 

DATES: This AD becomes effective 

September 18, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 18, 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 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mazdak Hobbi, Aerospace Engineer, 

Propulsion and Services Branch, ANE– 

173, FAA, New York Aircraft 

Certification Office, 1600 Stewart 

Avenue, Suite 410, Westbury, NY 

11590; telephone (516) 228–7330; 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 January 19, 2012 (77 FR 

2658). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

During routine maintenance, an operator 

discovered evidence of chafing on a high 

pressure (HP) fuel line. The source of chafing 

was related to the improper installation of an 

expandable pin on the lower cowl assembly, 

which caused the lanyard to foul against the 

HP fuel line. This condition, if not corrected, 

may cause fuel leakage in a fire zone. 

Bombardier has issued Service Bulletin 

(SB) 84–71–13 to introduce spring clips to 

positively retain and control the lanyards, 

regardless of the installation orientation of 

the expandable pin to rectify this problem. 

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. 

Request To Use Lanyard 

Horizon Air requested the use of parts 

manufacturer approval (PMA) lanyard 

having part having number (P/N) 

QXD671217–001 in lieu of Bombardier 

Service Bulletin 84–71–13, dated May 

19, 2011, or use of the PMA part when 

accomplishing Bombardier Service 

Bulletin 84–71–13, dated May 19, 2011, 

since the NPRM (77 FR 2658, January 

19, 2012) affects the clipping of the 

lanyard only but not the lanyard itself. 

We disagree because the PMA part 

would have to be evaluated for this 

modification and the commenter did not 

submit justifiable data. Therefore, we 

cannot add this PMA part as an 

alternative within the final rule. We 

recommend that the operator request 

approval of an alternative method of 

compliance (AMOC) in accordance with 

the procedures specified in paragraph 

(h)(1) of this AD in order to have the 

PMA part evaluated to the Bombardier 

part currently referenced by Bombardier 

Service Bulletin 84–71–13, dated May 

19, 2011. We have not changed the final 

rule in regard to this issue. 

Conclusion 

We reviewed the available data, 

including the comment 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 2658, 

January 19, 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 2658, 

January 19, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

83 products of U.S. registry. We also 

estimate that it will take about 3 workhours 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 $19 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 $22,742, or 

$274 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 


tkelley on DSK3SPTVN1PROD with RULES
48420 Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulations 

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 2658, 

January 19, 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: 

2012–16–10 Bombardier, Inc.: Amendment 

39–17157. Docket No. FAA–2011–1418; 

Directorate Identifier 2011–NM–187–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective September 18, 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, 4003 through 4354 inclusive; and 4356 

through 4363 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 71: Power Plant. 

(e) Reason 

This AD was prompted by chafing on high 

pressure fuel lines due to improper 

installation of an expandable pin on the 

lower cowl assembly. We are issuing this AD 

to prevent chafing of the high pressure fuel 

lines, which if not corrected, could cause fuel 

leakage in a fire zone. 

(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) Actions 

Within 6,000 flight hours or 36 months 

after the effective date of this AD, whichever 

occurs first, install new or serviceable spring 

clips and re-position the lanyard attachment 

points, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–71–13, dated May 19, 

2011. 

(h) 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, 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. 

(i) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2011–21, dated July 12, 2011; 

and Bombardier Service Bulletin 84–71–13, 

dated May 19, 2011; for related information. 

(j) 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 84–71–13, 

dated May 19, 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, 

Washington. 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 July 31, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–19410 Filed 8–13–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0332; Directorate 

Identifier 2011–NM–130–AD; Amendment 

39–17155; AD 2012–16–08] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 


tkelley on DSK3SPTVN1PROD with RULES