[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Rules and Regulations]
[Pages 16428-16430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6531]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1088; Directorate Identifier 2011-NM-099-AD; 
Amendment 39-16985; AD 2012-06-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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[[Page 16429]]

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 of difficulties in opening the airstair door. This AD 
requires inspecting the structure and gearbox drain paths for blockages 
by sealant, and removing any blockages. We are issuing this AD to 
detect and correct drain paths blocked by sealant, resulting in an 
airstair door that is unable to be opened, which could hinder 
evacuation in the event of an emergency.

DATES: This AD becomes effective April 25, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 25, 
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 October 19, 2011 (76 
FR 64849), and proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several operators have reported difficulties in opening the 
airstair door. Investigation revealed that the airstair door gearbox 
drain paths were blocked by sealant, causing water to accumulate and 
freeze in the gearbox assembly. An airstair door that is unable to 
be opened could hinder evacuation in the event of an emergency.
    This [Canadian] directive mandates a one-time [general visual] 
inspection [for sealant blockages] and [removal of any] sealant 
interfering with the airstair gearbox drain paths.

    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 considered the comment received. The commenter, Air Line 
Pilots Association, International, supports the NPRM (76 FR 64849, 
October 19, 2011).

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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 64849, October 19, 2011) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 64849, October 19, 2011).

Costs of Compliance

    We estimate that this AD will affect about 83 products of U.S. 
registry. We also estimate that it will take about 2 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. 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 $14,110, or $170 per 
product.
    In addition, we estimate that any necessary follow-on actions would 
take about 3 work-hours and require parts costing $0, for a cost of 
$255. We have no way of determining the number of products that may 
need these actions.

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 proposed 
regulation:
    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 (76 FR 64849, October 19, 
2011), 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

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:

2012-06-04 Bombardier, Inc.: Amendment 39-16985. Docket No. FAA-
2011-1088; Directorate Identifier 2011-NM-099-AD.

[[Page 16430]]

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 25, 
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 4161 
through 4296 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) Reason

    This AD was prompted by reports of difficulties in opening the 
airstair door. We are issuing this AD to detect and correct drain 
paths blocked by sealant, resulting in an airstair door that is 
unable to be opened, which could hinder evacuation in the event of 
an emergency.

(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 600 flight hours after the effective date of this AD, do 
a general visual inspection of the structure and gearbox drain paths 
for blockages by sealant, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-53-48, dated December 
2, 2010. If any blockages are found, before further flight, remove 
blockages, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-53-48, dated December 2, 2010.

(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-2011-06, dated 
April 26, 2011; and Bombardier Service Bulletin 84-53-48, dated 
December 2, 2010; for related information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. 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:
    (i) Bombardier Service Bulletin 84-53-48, dated December 2, 
2010.
    (2) 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 <a href="/cdn-cgi/l/email-protection#b7c3dfd399c6c4d2c5ded2c4f7d6d2c5d899d5d8dad5d6c5d3ded2c599d4d8da"><span class="__cf_email__" data-cfemail="7d091519530c0e180f14180e3d1c180f12531f12101f1c0f1914180f531e1210">[email protected]</span></a>; Internet 
http://www.bombardier.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 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 March 9, 2012.
Ali Bahrami
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6531 Filed 3-20-12; 8:45 am]
BILLING CODE 4910-13-P


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