224 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations 

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 

(i) Refer to MCAI EASA Emergency 

Airworthiness Directive 2009–0251–E, dated 

November 25, 2009; and EASA 

Airworthiness Directive 2009–0262, dated 

December 15, 2009; for related information. 

Material Incorporated by Reference 

(j) None. 

Issued in Washington, DC, on December 

28, 2009. 

Kalene C. Yanamura, 

Acting Director, Aircraft Certification Service. 

[FR Doc. E9–31134 Filed 1–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0785; Directorate 

Identifier 2009–NM–125–AD; Amendment 

39–16163; AD 2010–01–06] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. (Type Certificate Previously Held 

by de Havilland, Inc.) Model DHC–8– 

400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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 has been one case reported of failure 

of a shaft (tailstock) on an elevator Power 

Control Unit (PCU), Part Number (P/N) 

390600–1007. Continued actuation of the 

affected PCU caused damage to the 

surrounding structure. * * *

Each elevator surface has three PCUs, 

powered by separate independent hydraulic 

systems, and a single elevator PCU shaft 

failure may remain dormant. Such a dormant 

loss of redundancy, coupled with the 

potential for a failed shaft to produce 

collateral damage, including damage to 

hydraulic lines, could possibly affect the 

controllability of the aircraft. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

February 9, 2010. 

On June 26, 2009 (74 FR 27686, June 

11, 2009), the Director of the Federal 

Register approved the incorporation by 

reference of certain publications listed 

in this AD. 

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 September 4, 2009 (74 FR 

45787), and proposed to supersede AD 

2009–12–13, Amendment 39–15936 (74 

FR 27686, June 11, 2009). That NPRM 

proposed to correct an unsafe condition 

for the specified products. 

When we issued AD 2009–12–13, the 

eventual replacement of all elevator 

power control units identified in 

paragraph (f)(1) of that AD was not 

required. We have now determined that 

further rulemaking is necessary for this 

action, and this AD follows from that 

determination. We are mandating the 

optional terminating action in paragraph 

(f)(3) of AD 2009–12–13 in this AD. 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 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Explanation of Change to Alternative 

Method of Compliance Paragraph 

We have updated paragraph (h)(1) of 

this AD to provide the appropriate 

contact information to use when 

submitting requests for approval of an 

alternative method of compliance 

(AMOC). 

Explanation of Changes Made to This 

AD 

We have revised this AD to identify 

the legal name of the manufacturer as 

published in the most recent type 

certificate data sheet for the affected 

airplane models. 

Conclusion 

We reviewed the available data 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 61 products of U.S. registry. 

The actions that are required by AD 

2009–12–13 and retained in this AD 

take about 3 work-hours per product, at 

an average labor rate of $80 per work 

hour. Based on these figures, the 

estimated cost of the currently required 

actions is $240 per product. 

We estimate that it will take about 13 

work-hours per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $80 per workhour. Required parts will cost about $0 

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 costs. 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 

$63,440, or $1,040 per product. 


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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations 225 

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 

■ 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 

removing Amendment 39–15936 (74 FR 

27686, June 11, 2009) and adding the 

following new AD: 

2010–01–06 Bombardier, Inc. (Type 

Certificate Previously Held by de 

Havilland, Inc.): Amendment 39–16163. 

Docket No. FAA–2009–0785; Directorate 

Identifier 2009–NM–125–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 9, 2010. 

Affected ADs 

(b) This AD supersedes AD 2009–12–13, 

Amendment 39–15936. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

(Type Certificate previously held by de 

Havilland, Inc.) Model DHC–8–400, DHC–8– 

401, and DHC–8–402 airplanes, certificated 

in any category, serial numbers 4135 through 

4149 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There has been one case reported of failure 

of a shaft (tailstock) on an elevator Power 

Control Unit (PCU), Part Number (P/N) 

390600–1007. Continued actuation of the 

affected PCU caused damage to the 

surrounding structure. Subsequent 

investigation determined that the failure was 

the result of a material defect and that the 

shafts installed on a total of 88 suspect PCUs 

* * * may contain a similar defect. 

Each elevator surface has three PCUs, 

powered by separate independent hydraulic 

systems, and a single elevator PCU shaft 

failure may remain dormant. Such a dormant 

loss of redundancy, coupled with the 

potential for a failed shaft to produce 

collateral damage, including damage to 

hydraulic lines, could possibly affect the 

controllability of the aircraft. 

This directive mandates an identification 

check for elevator PCU serial numbers, a 

daily check for correct operation of all 

suspect PCUs and, finally, replacement of all 

suspect PCUs. 

Restatement of Requirements of AD 2009– 

12–13, Without Optional Terminating 

Action: 

(f) Unless already done, do the following 

actions. 

(1) Within 30 days after June 26, 2009 (the 

effective date of AD 2009–12–13), inspect the 

serial number of each of the six installed 

elevator PCUs having P/N 390600–1007. If 

one or more of the six installed elevator 

PCUs, P/N 390600–1007, have any of the 

PCU serial numbers 238, 698, 783 through 

788 inclusive, 790, 793, 795, 802, 806, 807, 

810, 820 through 823 inclusive, 826 through 

828 inclusive, 831, 835, 838, 840, 886 

through 889 inclusive, or 898 through 955 

inclusive; without a suffix ‘‘A’’ after the 

serial number: Within 30 days after June 26, 

2009, perform a check for the correct 

operation of all installed elevator PCUs in 

accordance with the procedures detailed in 

Appendix A, B, or C of Bombardier Q400 All 

Operator Message 217B, dated April 26, 

2007. Repeat the check thereafter before the 

first flight of each day until the replacement 

specified in paragraph (g) of this AD is done. 

The checks in Appendices A and B of 

Bombardier Q400 All Operator Message 

217B, dated April 26, 2007, must be 

performed by the flight crew, while the check 

specified in Appendix C of the all operator 

message must be performed by certificated 

maintenance personnel. 

Note 1: Suffix ‘‘A’’ after the serial number 

indicates that the PCU has already passed a 

magnetic particle inspection and is cleared 

for continued use. 

(2) If incorrect operation of any elevator 

PCU is found during any check required by 

paragraph (f)(1) of this AD, before further 

flight, replace the elevator PCU with a PCU, 

P/N 390600–1007, having a serial number not 

specified in paragraph (f)(1) of this AD; or 

with a PCU, P/N 390600–1007, having the 

suffix ‘‘A’’ after the serial number; in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–27–32, Revision A, dated January 18, 

2008. 

(3) Actions accomplished before June 26, 

2009, according to Bombardier Service 

Bulletin 84–27–32, dated May 1, 2007, are 

considered acceptable for compliance with 

the corresponding action specified in this 

AD. 

New Requirements of This AD 

Actions and Compliance 

(g) Unless already done, within 2,000 flight 

hours or 12 months after the effective date of 

this AD, whichever occurs later, replace all 

PCUs, P/N 390600–1007, having a serial 

number specified in paragraph (f)(1) of this 

AD, and not having suffix ‘‘A’’ after the serial 

number, with PCUs, P/N 390600–1007, 

having a serial number not specified in 

paragraph (f)(1) of this AD; or with PCUs, P/ 

N 390600–1007, having the suffix ‘‘A’’ after 

the serial number; in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–27–32, Revision A, dated 

January 18, 2008. This action terminates the 

requirements of paragraph (f)(1) of this AD. 


srobinson on DSKHWCL6B1PROD with RULES
226 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) 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, 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 ensure 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 

(i) Refer to MCAI Canadian Airworthiness 

Directive CF–2009–16, dated April 20, 2009; 

Bombardier Service Bulletin 84–27–32, 

Revision A, dated January 18, 2008; and 

Bombardier Q400 All Operator Message 

217B, dated April 26, 2007; for related 

information. 

Material Incorporated by Reference 

(j) You must use Bombardier Service 

Bulletin 84–27–32, Revision A, dated January 

18, 2008; and Bombardier Q400 All Operator 

Message 217B, dated April 26, 2007; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Bombardier Service Bulletin 84– 

27–32, Revision A, dated January 18, 2008; 

and Bombardier Q400 All Operator Message 

217B, dated April 26, 2007; on June 26, 2009 

(74 FR 27686, June 11, 2009). 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́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 or 425–227–1152. 

(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 

December 23, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31136 Filed 1–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0690; Airspace 

Docket No. 09–AWP–6] 

Establishment of Class E Airspace; 

Riverside/Rubidoux Flabob Airport, 

Riverside, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will establish 

Class E airspace at Riverside/Rubidoux 

Flabob Airport, Riverside, CA, to 

accommodate aircraft using a new VHF 

Omni-Directional Radio Range (VOR) 

Standard Instrument Approach 

Procedure (SIAP) at Riverside/Rubidoux 

Flabob Airport. This will improve the 

safety of Instrument Flight Rules (IFR) 

aircraft executing the new VOR SIAPs at 

the airport. This action also makes an 

adjustment to the geographic 

coordinates of the airport. 

DATES: Effective 0901 UTC, April 8, 

2010. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On October 14, 2009, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish controlled airspace at 

Riverside/Rubidoux Flabob Airport, 

Riverside, CA (74 FR 52704). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. No comments were received. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace at 

Riverside/Rubidoux Flabob Airport, 

Riverside, CA. Controlled airspace 

extending upward from 700 feet above 

the surface is necessary to accommodate 

IFR aircraft executing new VOR SIAPs 

at Riverside/Rubidoux Flabob Airport. 

This action also adjusts the geographic 

coordinates of the airport to coincide 

with the FAA’s National Aeronautical 

Charting Office. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAAs authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it establishes controlled 


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