25642 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0422; Directorate 

Identifier 2011–NM–177–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Bombardier, Inc. Model DHC–8 

airplanes. This proposed AD was 

prompted by reports that various 

pushrods had been manufactured with 

tubes having the incorrect heat 

treatment. This proposed AD would 

require replacing the affected pushrod 

assembly. We are proposing this AD to 

prevent loss of rudder control, reduced 

directional control of the airplane on the 

ground, or a jammed nose landing gear 

(NLG) door that could prevent the NLG 

from retracting or extending. 

DATES: We must receive comments on 

this proposed AD by June 15, 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. 

For service information identified in 

this proposed 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. 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 

Operations office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this proposed 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: 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0422; Directorate Identifier 

2011–NM–177–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian AD 

CF–2011–31, dated August 15, 2011 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

It was discovered that various pushrods 

installed on the DHC–8 Series 100/200/300/ 

400 aeroplanes had been manufactured with 

tubes having the incorrect heat treatment, 

using 6061–T4 instead of 6061–T6. The 

incorrect heat treatment appreciably degrades 

the strength of these affected pushrods. 

Failure of these affected pushrods could 

result in a loss of rudder control, reduced 

directional control of the aeroplane on the 

ground or a jammed nose landing gear (NLG) 

door that could prevent the NLG from 

retracting or extending. 

This [TCCA] directive mandates the 

replacement of the affected pushrod 

assembly. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Bombardier has issued the following 

service bulletins. The actions described 

in this service information are intended 

to correct the unsafe condition 

identified in the MCAI. 

• Service Bulletin 8–27–99, dated 

October 10, 2008; 

• Service Bulletin 8–27–100, Revision 

A, dated March 22, 2011; 

• Service Bulletin 8–32–156, dated 

February 26, 2010; 

• Service Bulletin 84–27–21, Revision 

A, dated March 22, 2011; 

• Service Bulletin 84–32–28, dated 

November 27, 2008; and 

• Service Bulletin 84–32–75, dated 

June 1, 2010. 

FAA’s Determination and Requirements 

of This Proposed 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 proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI or Service Information 

For certain actions on the same part, 

the MCAI specified both 3,000 and 

6,000 flight-hour compliance times. To 

reconcile that difference, this proposed 

AD has a compliance time of 3,000 

flight hours after the effective date of the 

AD, for the action in paragraph (k) of 

this proposed AD. We have determined 

this compliance time is necessary to 

address the identified unsafe condition 

in a timely manner. This difference has 

been coordinated with TCCA. 

Costs of Compliance 

Based on the service information, we 

estimate that this proposed AD would 

affect about 171 products of U.S. 

registry. We also estimate that it would 

take about 28 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $6,504 per 

product. Where the service information 

lists required parts costs that are 

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Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 25643 

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 the 

proposed AD on U.S. operators to be 

$1,519,164, or $8,884 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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Bombardier, Inc.: Docket No. FAA–2012– 

0422; Directorate Identifier 2011–NM– 

177–AD. 

(a) Comments Due Date 

We must receive comments by June 15, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Bombardier, Inc. 

airplanes, certificated in any category, as 

identified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) Model DHC–8–102,–103,–106,–201, 

–202,–301,–311, and –315 airplanes, serial 

numbers 413, 443, 450 through 452 inclusive, 

456, 458, 462 through 465 inclusive, 467 

through 470 inclusive, and 473 through 588 

inclusive. 

(2) Model DHC–8–400,–401, and –402 

airplanes, serial numbers 4001, 4003 through 

4006 inclusive, and 4008 through 4197 

inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27: Flight controls; and Code 

32: Landing gear. 

(e) Reason 

This AD was prompted by reports that 

various pushrods had been manufactured 

with tubes having the incorrect heat 

treatment. We are issuing this AD to prevent 

loss of rudder control, reduced directional 

control of the airplane on the ground, or a 

jammed nose landing gear (NLG) door that 

could prevent the NLG from retracting or 

extending. 

(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) Replace Brake Rudder Control Pushrod— 

Model DHC–8–100, –200, –300 

For Model DHC–8–102,–103,–106,–201, 

–202,–301,–311, and –315 airplanes, serial 

numbers 464, 508, 511 through 513 inclusive, 

and 515 through 588 inclusive: Within 3,000 

flight hours after the effective date of this AD, 

replace the affected brake rudder control 

pushrod, part number (P/N) 82710274–001, 

by incorporating Modsum 8Q101334, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

8–27–100, Revision A, dated March 22, 2011. 

(h) Replace NLG Door Pushrod—Model 

DHC–8–200, –300 

For Model DHC–8–201, –202, –301, –311, 

and –315 airplanes, serial numbers 552 

through 588 inclusive: Within 6,000 flight 

hours after the effective date of this AD, 

replace nose landing gear door pushrod, P/ 

N 83232012–001, by incorporating Modsum 

8Q101335, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 8–32–156, dated February 

26, 2010. 

(i) Replace NLG Door Pushrod—Model 

DHC–8–400 

For Model DHC–8–400, –401, and –402 

airplanes, serial numbers 4003 through 4005 

inclusive, 4009 through 4011 inclusive, 4016, 

4017, and 4024 through 4072 inclusive: 

Within 6,000 flight hours after the effective 

date of this AD, replace nose landing gear 

door pushrod, P/N 83232012–001, by 

incorporating Modsum 4–113457, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–32–28, dated November 27, 2008. 

(j) Replace Brake Rudder Control and 

Rudder Control Pushrods—Model DHC–8– 

400 

For Model DHC–8–400, –401, and –402 

airplanes, serial numbers 4001, 4003 through 

4006 inclusive, and 4008 through 4072 

inclusive: Within 3,000 flight hours after the 

effective date of this AD, replace brake 

rudder control pushrod, P/N 82710274–001, 

and rudder control pushrod, P/N 82710028– 

003, by incorporating Modsum 4–113455, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–27–21, Revision A, dated March 22, 2011. 

(k) Replace Rudder Control Pushrod—Model 

DHC–8–100, –200, –300 

For Model DHC–8–102, –103, –106, –201, 

–202, –301, –311, and –315 airplanes, serial 

numbers 413, 443, 450 through 452 inclusive, 

456, 458, 462 through 465 inclusive, 467 

through 470 inclusive, and 473 through 588 

inclusive: Within 3,000 flight hours after the 

effective date of this AD, replace rudder 

control pushrod, P/N 82710028–003, by 

incorporating Modsum 8Q101333, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

8–27–99, dated October 10, 2008. 

(l) Inspect/Replace NLG Landing Gear Door 

Pushrod 

For Model DHC–8–400, –401, and –402 

airplanes, serial numbers 4006, 4008, 4012 

through 4015 inclusive, 4018 through 4023 

inclusive, and 4073 through 4197 inclusive: 

Within 6,000 flight hours after the effective 

date of this AD, inspect the lot number of the 

pushrod, P/N 83232012–001, for the nose 

landing gear door mechanism, in accordance 

with Bombardier Service Bulletin 84–32–75, 

dated June 1, 2010. 

(1) If the lot number of the pushrod does 

not match any of those listed in the table in 

paragraph 3.B.(2) of Bombardier Service 

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25644 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 

Bulletin 84–32–75, dated June 1, 2010, no 

further action is required by this paragraph. 

(2) If the lot number of the pushrod 

matches any of those listed in the table in 

paragraph 3.B.(2) of Bombardier Service 

Bulletin 84–32–75, dated June 1, 2010, before 

further flight, replace the pushrod, in 

accordance with paragraph 3.B., 

Rectification, of Bombardier Service Bulletin 

84–32–75, dated June 1, 2010. 

(m) Parts Installation 

For Model DHC–8–400, –401, and –402 

airplanes, serial numbers 4006, 4008, 4012 

through 4015 inclusive, 4018 through 4023 

inclusive, and 4073 through 4197 inclusive: 

As of the effective date of this AD, no person 

may install a pushrod, P/N 83232012–001, 

with the lot number listed in the table in 

paragraph 3.B.(2) of Bombardier Service 

Bulletin 84–32–75, dated June 1, 2010, on 

any airplane. 

(n) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraphs (g) and (j) of 

this AD, if those actions were performed 

before the effective date of this AD using the 

service bulletins identified in paragraph 

(n)(1) or (n)(2) of this AD. 

(1) Bombardier Service Bulletin 8–27–100, 

dated October 10, 2008 (for paragraph (g) of 

this AD). 

(2) Bombardier Service Bulletin 84–27–21, 

dated October 10, 2008 (for paragraph (j) of 

this AD). 

(o) 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. 

(p) Related Information 

Refer to MCAI Canadian AD CF–2011–31, 

dated August 15, 2011, and the Bombardier 

service bulletins identified in paragraphs 

(p)(1) through (p)(6) of this AD, for related 

information. 

(1) Bombardier Service Bulletin 8–27–99, 

dated October 10, 2008. 

(2) Bombardier Service Bulletin 8–27–100, 

Revision A, dated March 22, 2011. 

(3) Bombardier Service Bulletin 8–32–156, 

dated February 26, 2010. 

(4) Bombardier Service Bulletin 84–27–21, 

Revision A, dated March 22, 2011. 

(5) Bombardier Service Bulletin 84–32–28, 

dated November 27, 2008. 

(6) Bombardier Service Bulletin 84–32–75, 

dated June 1, 2010. 

Issued in Renton, Washington, on April 24, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–10483 Filed 4–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0423; Directorate 

Identifier 2011–NM–095–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede two 

existing airworthiness directives (AD) 

that apply to all Empresa Brasileira de 

Aeronautica S.A. (EMBRAER) Model 

ERJ 170 and ERJ 190 airplanes. The 

existing ADs currently require revising 

the airplane flight manual (AFM) to 

introduce limitations for the use of 

auxiliary power unit (APU) bleed and to 

prohibit dispatch with a failed air 

management system (AMS) controller 

card. Since we issued those ADs, we 

have determined that replacing the 

controller processor modular cards of 

the AMS is necessary. This proposed 

AD would add a requirement for 

replacing the AMS controller processor 

module with one containing new 

software, and would require a new AFM 

revision. We are proposing this AD to 

prevent the possibility of a right-hand 

(RH) engine compressor stall after the 

APU becomes the active bleed source 

for the left side, which may result in an 

engine failure; and to prevent the 

intermittent communication failure 

between the AMS controller cards and 

both secondary power distribution 

assemblies (SPDAs), which could lead 

to the loss of automatic activation of the 

engine inlet ice protection system when 

flying in icing conditions, which could 

result in ice accretion in the engine inlet 

and subsequent dual engine failure. 

DATES: We must receive comments on 

this proposed AD by June 15, 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. 

For service information identified in 

this proposed AD, contact Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER), Technical Publications 

Section (PC 060), Av. Brigadeiro Faria 

Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; 

telephone +55 12 3927–5852 or +55 12 

3309–0732; fax +55 12 3927–7546; 

email distrib@embraer.com.br; Internet 

http://www.flyembraer.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 Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed 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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

227–2768; fax: 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

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