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[Federal Register: October 7, 2010 (Volume 75, Number 194)]
[Rules and Regulations]               
[Page 61987-61989]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc10-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0643; Directorate Identifier 2010-NM-030-AD; 
Amendment 39-16462; AD 2010-21-02]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model DHC-8 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. 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:

    The landing gear alternate extension system in the cockpit is 
accessible through an access panel located on the cockpit floor. 
There have been reports of failure of the access panel latch 
assembly as a consequence of repeated closure of the access panel 
involving the use of excessive force. Failure of the latch assembly 
can result in the access panel being jammed in the closed position, 
and require mechanical prying to open.
    An undetected or uncorrected latch failure condition in the 
access panel can prevent immediate access to the landing gear 
alternate extension system by the flight crew during an emergency. * 
* *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective November 12, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 12, 
2010.

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: Craig Yates, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, New York Aircraft 
Certification Office, FAA, 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7355; 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 July 1, 2010 (75 FR 
38064). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    The landing gear alternate extension system in the cockpit is 
accessible through an access panel located on the cockpit floor. 
There have been reports of failure of the access panel latch 
assembly as a consequence of repeated closure of the access panel 
involving the use of excessive force. Failure of the latch assembly 
can result in the access panel being jammed in the closed position, 
and require mechanical prying to open.
    An undetected or uncorrected latch failure condition in the 
access panel can prevent immediate access to the landing gear 
alternate extension system by the flight crew during an emergency. 
This Directive requires the replacement of the existing latch 
assembly with a stronger modified latch assembly.
You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier, Inc. issued Service Bulletin 8-32-166, Revision B, 
dated March 2, 2010. We cited Bombardier Service Bulletin 8-32-166, 
Revision A, dated January 29, 2009, in the NPRM. Bombardier Service 
Bulletin 8-32-166, Revision B, dated March 2, 2010, updates the 
References section and adds a Note to the Accomplishment Instructions 
section. We have changed paragraph (g) of this AD to specify Revision B 
of that service bulletin, and added Bombardier Service Bulletin 8-32-
166, Revision A, dated January 29, 2009, to paragraph (h) of this AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received. Air Line Pilots 
Association, International, supports the NPRM. Hawaii Island Air, 
Piedmont Airlines, and Mesa Airlines request that we revise the NPRM to 
refer to Bombardier Service Bulletin 8-32-166, Revision B, dated March 
2, 2010, as described previously.

[[Page 61988]]

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This 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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 198 products of U.S. 
registry. We also estimate that it will take about 3 work-hours 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 $815 
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 $211,860, or $1,070 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 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.

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, 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

0
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:

2010-21-02 Bombardier, Inc.: Amendment 39-16462. Docket No. FAA-
2010-0643; Directorate Identifier 2010-NM-030-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
12, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD, certificated in any category.
    (1) Bombardier, Inc. Model DHC-8-101, -102, -103, -106, -201, -
202, -301, -311, and -315 airplanes, serial numbers 003 through 658 
inclusive.
    (2) Bombardier, Inc. Model DHC-8-400, -401, -402 airplanes, 
serial numbers 4001, 4003, 4004, 4006, and 4008 through 4187 
inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    The landing gear alternate extension system in the cockpit is 
accessible through an access panel located on the cockpit floor. 
There have been reports of failure of the access panel latch 
assembly as a consequence of repeated closure of the access panel 
involving the use of excessive force. Failure of the latch assembly 
can result in the access panel being jammed in the closed position, 
and require mechanical prying to open.
    An undetected or uncorrected latch failure condition in the 
access panel can prevent immediate access to the landing gear 
alternate extension system by the flight crew during an emergency. * 
* *

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.

Actions

    (g) Within 6,000 flight hours or 36 months after the effective 
date of this AD, whichever comes first: Replace the latch assembly 
of the access panel for the alternate extension system for the 
landing gear with a modified latch assembly, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-32-166, 
Revision B, dated March 2, 2010 (for Model DHC-8-100, DHC-8-200, and 
DHC-8-300 series airplanes); or Bombardier Service Bulletin 84-32-
57, Revision A, dated June 15, 2009 (for Model DHC-8-400 series 
airplanes).

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Actions accomplished before the effective date of this AD in 
accordance with the service information identified in Table 1 of 
this AD are considered acceptable for compliance with the 
corresponding actions specified in this AD.

[[Page 61989]]

                                      Table 1--Previous Service Information
----------------------------------------------------------------------------------------------------------------
     Bombardier Service Bulletin--                   Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
8-32-166..............................  Original...........................  April 14, 2008.
8-32-166..............................  A..................................  January 29, 2009.
84-32-57..............................  Original...........................  April 30, 2008.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, ANE-170, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. Send information 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 on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2009-46, 
dated December 14, 2009; Bombardier Service Bulletin 8-32-166, 
Revision B, dated March 2, 2010; and Bombardier Service Bulletin 84-
32-57, Revision A, dated June 15, 2009; for related information.

Material Incorporated by Reference

    (k) You must use Bombardier Service Bulletin 84-32-57, Revision 
A, dated June 15, 2009; or Bombardier Service Bulletin 8-32-166, 
Revision B, dated March 2, 2010; as applicable; 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 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail thd.qseries@aero.bombardier.com; 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 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 September 23, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-25016 Filed 10-6-10; 8:45 am]
BILLING CODE 4910-13-P
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