Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 54093 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. 

fact. Cents/kg. 

5512210010 ...... 0.0326 0.0412 

5512210020 ...... 0.0326 0.0412 

5512210030 ...... 0.0326 0.0412 

5512210040 ...... 0.0326 0.0412 

5512210060 ...... 0.0326 0.0412 

5512210070 ...... 0.0326 0.0412 

5512210090 ...... 0.0326 0.0412 

* * * * * 

Authority: 7 U.S.C. 2101–2118. 

Dated: August 22, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–22159 Filed 8–30–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0910; Directorate 

Identifier 2011–NM–151–AD; Amendment 

39–16797; AD 2011–18–15] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model DHC–8–400 Series 

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 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: 

There have been three in-service reports of 

cracked barrel nuts found at the front spar 

locations of the wing-to-fuselage attachment 

joints. Additionally, three operators have 

reported finding a loose washer in the barrel 

nut assembly. Failure of the barrel nuts could 

compromise the structural integrity of the 

wing-to-fuselage attachments. 

* * * * * 

The unsafe condition could result in 

separation of the wing from the airplane 

during flight. This AD requires actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

September 15, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of September 15, 2011. 

We must receive comments on this 

AD by October 17, 2011. 

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: Aziz 

Ahmed, 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) 228–7329; fax 

(516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

Transport Canada Civil Aviation 

(TCCA), which is the aviation authority 

for Canada, has issued Canadian 

Emergency Airworthiness Directive CF– 

2011–24, dated July 21, 2011 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

There have been three in-service reports of 

cracked barrel nuts found at the front spar 

locations of the wing-to-fuselage attachment 

joints. Additionally, three operators have 

reported finding a loose washer in the barrel 

nut assembly. Failure of the barrel nuts could 

compromise the structural integrity of the 

wing-to-fuselage attachments. 

Preliminary investigation determined that 

these cracks are due to hydrogen 

embrittlement. 

This [TCCA airworthiness] directive 

mandates an initial and repetitive [torque 

checks to determine if the bolt pre-load is 

correct and, if necessary], detailed inspection 

of the barrel nuts [and cradle for cracking, 

pitting, and corrosion; and replacement of 

hardware if necessary]. 

The unsafe condition could result in 

separation of the wing from the airplane 

during flight. 

Relevant Service Information 

Bombardier has issued Alert Service 

Bulletin A84–57–25, dated July 20, 

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. 

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 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because failure of the wing-tofuselage attachments could result in 

separation of the wing from the airplane 

during flight. Therefore, we determined 

that notice and opportunity for public 


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54094 Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

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–2011–0910; 

Directorate Identifier 2011–NM–151– 

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 

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: 

2011–18–15 Bombardier, Inc.: Amendment 

39–16797. Docket No. FAA–2011–0910; 

Directorate Identifier 2011–NM–151–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 15, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model DHC–8–400, -401, and -402 airplanes, 

certificated in any category, serial numbers 

4001 and subsequent. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

There have been three in-service reports of 

cracked barrel nuts found at the front spar 

locations of the wing-to-fuselage attachment 

joints. Additionally, three operators have 

reported finding a loose washer in the barrel 

nut assembly. Failure of the barrel nuts could 

compromise the structural integrity of the 

wing-to-fuselage attachments. 

The unsafe condition could result in 

separation of the wing from the airplane 

during flight. 

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. 

Initial and Repetitive Inspections 

(g) At the applicable time specified in 

paragraph (g)(1) or (g)(2) of this AD: Do a 

torque check to determine if the bolt preload 

is correct, and if the preload is correct, before 

further flight, do a detailed inspection of 

each barrel nut and cradle for cracking, 

pitting or corrosion, in accordance with 

paragraph 3.B., part A, of the 

Accomplishment Instructions of Bombardier 

Alert Service Bulletin A84–57–25, dated July 

20, 2011. Repeat the torque check and, as 

applicable, the inspection thereafter at 

intervals not to exceed 2,000 flight hours or 

12 months, whichever occurs first. 

(1) For airplanes that have accumulated 

1,900 or more total flight hours as of the 

effective date of this AD, or for which it has 

been 12 months or more since the date of 

issuance of the original Canadian 

airworthiness certificate or the date of 

issuance of the original Canadian export 

certificate of airworthiness as of the effective 

date of this AD: Within 100 flight hours or 

10 days after the effective date of this AD, 

whichever occurs first. 

(2) For airplanes that have accumulated 

less than 1,900 total flight hours as of the 

effective date of this AD, and for which it has 

been less than 12 months since the date of 

issuance of the original Canadian 

airworthiness certificate or the date of 

issuance of the original Canadian export 

certificate of airworthiness as of the effective 

date of this AD: Prior to the accumulation of 

2,000 total flight hours or within 12 months 

since the date of issuance of the original 

Canadian standard airworthiness certificate 

or the date of issuance of the original 

Canadian export certificate of airworthiness, 

whichever occurs first. 

Corrective Actions 

(h) If any bolt preload is found to be 

incorrect (i.e., the ring can be rotated during 

any torque check required by this AD), before 

further flight, replace all hardware at that 

location (except the saddle washer and 

retainer) in accordance with paragraph 3.B., 

part B, of the Accomplishment Instructions 

of Bombardier Alert Service Bulletin A84– 

57–25, dated July 20, 2011. 

(i) If any crack, pitting, or corrosion of the 

barrel nut or cradle is found during any 

inspection required by this AD, before further 

flight, replace all hardware at that location 

(except the saddle washer and retainer) in 

accordance with paragraph 3.B., part B, of the 

Accomplishment Instructions of Bombardier 

Alert Service Bulletin A84–57–25, dated July 

20, 2011. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(j) Accomplishment of torque checks, 

initial inspections, or replacements before 

the effective date of this AD, in accordance 

with Bombardier Alert Service Bulletin A84– 

57–19, dated February 1, 2008; Revision A, 


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Federal Register / Vol. 76, No. 169 / Wednesday, August 31, 2011 / Rules and Regulations 54095 

dated February 6, 2008; Revision B, dated 

March 6, 2008; or Revision C, dated August 

20, 2008; is acceptable for compliance with 

the corresponding requirements of 

paragraphs (g) and (h) of this AD. However, 

the repetitive inspections required by 

paragraph (g) of this AD must be continued 

at the time specified. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Special Flight Permits 

(k) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), may be issued to operate the 

airplane to a location where the requirements 

of this AD can be accomplished, but 

concurrence by the Manager, New York 

Aircraft Certification Office (ACO), FAA, is 

required prior to issuance of the special flight 

permit. Before using any approved special 

flight permits, notify your principal 

maintenance inspector (PMI) or principal 

avionics inspector (PAI), as appropriate, or 

lacking a principal inspector, your local 

Flight Standards District Office (FSDO). 

Operators must request a repair drawing from 

Bombardier which provides 

recommendations for a one-time special 

flight permit. The repair drawing will be 

applicable to the operator’s aircraft serial 

number only. Special flight permits may be 

permitted provided that the conditions 

specified in paragraphs (k)(1), (k)(2), (k)(3), 

(k)(4), and (k)(5) of this AD are met. 

(1) Only one barrel nut out of four is 

cracked, one cradle is cracked, or one washer 

is loose; all other strut bolt locations must be 

free of damage. 

(2) The airplane must operate with reduced 

airspeed not to exceed 180 KIAS [knots 

indicated air speed]. No passengers and no 

cargo are onboard. 

(3) The airplane must not operate in known 

or forecast turbulence, other than light 

turbulence. 

(4) The airplane descent rate on landing 

flare-out is not to exceed 5 feet per second. 

(5) Heavy braking or hard turning of the 

airplane upon landing is to be avoided if 

possible. 

Other FAA AD Provisions 

(l) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, ANE–170, New York 

Aircraft Certification Office (ACO), 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 

(m) Refer to MCAI Canadian Emergency 

Airworthiness Directive CF–2011–24, dated 

July 21, 2011; and Bombardier Alert Service 

Bulletin A84–57–25, dated July 20, 2011; for 

related information. 

Material Incorporated by Reference 

(n) You must use Bombardier Alert Service 

Bulletin A84–57–25, dated July 20, 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 Bombardier, Inc., Q-Series 

Technical Help Desk, 123 Garratt Boulevard, 

Toronto, Ontario M3K 1Y5, Canada; 

telephone 416–375–4000; fax 416–375–4539; 

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 

August 19, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–22013 Filed 8–30–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 61, 91, 141, and 142 

[Docket No.: FAA–2008–0938; Amendment 

Nos. 61–128, 91–324, 141–15, and 142–7] 

RIN 2120–AJ18 

Pilot in Command Proficiency Check 

and Other Changes to the Pilot and 

Pilot School Certification Rules 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

FAA’s regulations concerning pilot, 

flight instructor, and pilot school 

certification. This rule will require 

pilot-in-command (PIC) proficiency 

checks for pilots who act as PIC of 

turbojet-powered aircraft except for 

pilots of single seat experimental jets 

and pilots of experimental jets who do 

not carry passengers. It allows pilot 

applicants to apply concurrently for a 

private pilot certificate and an 

instrument rating and permits pilot 

schools and provisional pilot schools to 

apply for a combined private pilot 

certification and instrument rating 

course. In addition, the rule will: Allow 

pilot schools to use internet-based 

training programs without requiring 

schools to have a physical ground 

training facility; revise the definition of 

‘‘complex airplane;’’ and allow the use 

of airplanes with throwover control 

wheels for expanded flight training. The 

final rule also amends the FAA’s 

regulations concerning pilot certificates 

to allow the conversion of a foreign pilot 

license to a U.S. pilot certificate under 

the provisions of a Bilateral Aviation 

Safety Agreement (BASA) and 

Implementing Procedures for Licensing 

(IPL). The FAA has determined these 

amendments are needed to enhance 

safety, respond to changes in the 

aviation industry, and reduce 

unnecessary regulatory burdens. 

DATES: These amendments become 

effective October 31, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule contact Gregory French, Airman 

Certification and Training Branch, 

General Aviation and Commercial 

Division, AFS–810, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone (202) 493–5474; e-mail 

Gregory.French@faa.gov. For legal 

questions concerning this final rule 

contact Michael Chase, Esq., Office of 

Chief Counsel, AGC–240, Regulations 


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