Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12245 

Effective Date 

(a) This airworthiness directive (AD) is 

effective April 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 767– 

200 and 767–300 series airplanes, certificated 

in any category; as identified in Boeing Alert 

Service Bulletin 767–53A0147, dated August 

16, 2007. 

Unsafe Condition 

(d) This AD results from analysis that 

indicates fatigue cracks of the web lap splice, 

tear strap splice, or super tear strap splice of 

the aft bulkhead are expected to occur on 

certain Boeing Model 767–200 and 767–300 

series airplanes. We are proposing this AD to 

detect and correct fatigue cracks of the aft 

pressure bulkhead, which could result in 

rapid decompression of the passenger 

compartment and possible damage or 

interference with airplane control systems 

that penetrate the bulkhead, and consequent 

loss of controllability of the airplane. 

Compliance 

(e) Comply with this AD within the 

compliance times specified, unless already 

done. 

Inspections and Applicable Related 

Investigative and Corrective Actions 

(f) Except as provided by paragraphs (f)(1) 

and (f)(2) of this AD: At the applicable 

compliance time and repeat intervals listed 

in Tables 1 and 2 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, do detailed inspections of the aft 

pressure bulkhead for damage, midfrequency eddy current (MFEC) and low 

frequency eddy current (LFEC) inspections of 

radial web lap splices, tear strap splices, and 

super tear strap splices for cracking, and 

applicable corrective actions, by 

accomplishing all the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. 

(1) Where Table 1 of paragraph 1.E., 

‘‘Compliance,’’ of Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, specifies a compliance time after the 

date on that service bulletin, this AD requires 

compliance within the specified compliance 

time after the effective date of this AD. 

(2) Where Boeing Alert Service Bulletin 

767–53A0147, dated August 16, 2007, 

specifies a compliance time of ‘‘As given by 

Boeing’’ or to contact Boeing for the 

appropriate action, this AD requires, before 

further flight, inspections of the area of repair 

and repair of any damaged/cracked part, as 

applicable, using a method approved in 

accordance with the procedures specified in 

paragraph (g) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(g)(1) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, ATTN: 

Tamara L. Anderson, Aerospace Engineer, 

Airframe Branch, ANM–120S, 1601 Lind 

Avenue, SW., Renton, Washington telephone 

(425) 917–6421; fax (425) 917–6590; has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Seattle ACO, to 

make those findings. For a repair method to 

be approved, the repair must meet the 

certification basis of the airplane and the 

approval must specifically refer to this AD. 

(4) Inspections of repaired areas approved 

as an AMOC for the inspection requirements 

of this AD are also approved as an AMOC to 

the inspections for the repaired areas only as 

required by paragraph (d) of AD 2003–18–10. 

Material Incorporated by Reference 

(h) You must use Boeing Alert Service 

Bulletin 767–53A0147, dated August 16, 

2007, 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 Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1, fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.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 March 

12, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5961 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1361; Directorate 

Identifier 2008–NM–140–AD; Amendment 

39–15858; AD 2009–06–21] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model DHC–8–102, –103, and –106 

Airplanes, and Model DHC–8–200, 

–300, and –400 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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: 

A fuselage spoiler cable disconnect sensing 

device was installed in production on later 

DHC–8 Series 100/200/300 aircraft, and on 

all DHC–8 Series 400 aircraft. On earlier 

DHC–8 Series 100/200/300 aircraft, its 

installation was mandated by [Canadian] 

Airworthiness Directive CF–2006–13 [which 

corresponds to FAA AD 2007–21–16]. 

However, several incorrectly assembled 

spoiler cable disconnect sensing devices have 

recently been discovered on in-service 

aircraft. A pulley and plastic spacer had been 

inadvertently interchanged during assembly 

of the device in production, resulting in the 

spoiler cable sliding on the spacer rather than 

on the pulley, as designed. 

Continued operation with an incorrectly 

assembled spoiler cable disconnect sensing 

device could result in impaired operation of 

the sensing device and/or an eventual 

fuselage spoiler cable disconnect, with 

possible reduced 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 April 

28, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 28, 2009. 

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. 

mstockstill on PROD1PC66 with RULES

12246 Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Dan 

Parrillo, Aerospace Engineer, Airframe 

and Propulsion Branch, ANE–171, FAA, 

New York Aircraft Certification Office, 

1600 Stewart Avenue, Suite 410, 

Westbury, New York 11590; telephone 

(516) 228–7305; 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 January 12, 2009 (74 FR 

1164). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

A fuselage spoiler cable disconnect sensing 

device was installed in production on later 

DHC–8 Series 100/200/300 aircraft, and on 

all DHC–8 Series 400 aircraft. On earlier 

DHC–8 Series 100/200/300 aircraft, its 

installation was mandated by [Canadian] 

Airworthiness Directive CF–2006–13 [which 

corresponds to FAA AD 2007–21–16]. 

However, several incorrectly assembled 

spoiler cable disconnect sensing devices have 

recently been discovered on in-service 

aircraft. A pulley and plastic spacer had been 

inadvertently interchanged during assembly 

of the device in production, resulting in the 

spoiler cable sliding on the spacer rather than 

on the pulley, as designed. 

Continued operation with an incorrectly 

assembled spoiler cable disconnect sensing 

device could result in impaired operation of 

the sensing device and/or an eventual 

fuselage spoiler cable disconnect, with 

possible reduced controllability of the 

aircraft. 

Required actions include inspecting 

the fuselage spoiler cable disconnect 

sensing device and, if necessary, 

inspecting components for wear and 

damage, replacing worn or damaged 

components, and correctly reassembling the sensing device. 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. 

Change to the NPRM 

We clarified the DHC–8 model 

designation in paragraph (f)(2) of the 

AD. That designation was missing in the 

NPRM. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change 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 

145 products of U.S. registry. We also 

estimate that it will take 1 work-hour 

per product to comply with the basic 

requirements of this AD. The average 

labor rate is $80 per work-hour. Based 

on these figures, we estimate the cost of 

this AD to the U.S. operators to be 

$11,600, or $80 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 

■ 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: 

2009–06–21 Bombardier, Inc. (Formerly de 

Havilland, Inc.): Amendment 39–15858. 

Docket No. FAA–2008–1361; Directorate 

Identifier 2008–NM–140–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 28, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

Bombardier Model DHC–8 airplanes, 

certificated in any category. 

(1) Model DHC–8–102, –103, –106, –201, 

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

serial numbers 003 through 644 inclusive. 

mstockstill on PROD1PC66 with RULES

Federal Register / Vol. 74, No. 55 / Tuesday, March 24, 2009 / Rules and Regulations 12247 

(2) Model DHC–8–400, –401 and –402 

series airplanes, serial numbers 4003, 4004, 

4006, and 4008 through 4164 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 27: Flight controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

A fuselage spoiler cable disconnect sensing 

device was installed in production on later 

DHC–8 Series 100/200/300 aircraft, and on 

all DHC–8 Series 400 aircraft. On earlier 

DHC–8 Series 100/200/300 aircraft, its 

installation was mandated by [Canadian] 

Airworthiness Directive CF–2006–13 [which 

corresponds to FAA AD 2007–21–16]. 

However, several incorrectly assembled 

spoiler cable disconnect sensing devices have 

recently been discovered on in-service 

aircraft. A pulley and plastic spacer had been 

inadvertently interchanged during assembly 

of the device in production, resulting in the 

spoiler cable sliding on the spacer rather than 

on the pulley, as designed. 

Continued operation with an incorrectly 

assembled spoiler cable disconnect sensing 

device could result in impaired operation of 

the sensing device and/or an eventual 

fuselage spoiler cable disconnect, with 

possible reduced controllability of the 

aircraft. 

Required actions include inspecting the 

fuselage spoiler cable disconnect sensing 

device and, if necessary, inspecting 

components for wear and damage, replacing 

worn or damaged components, and correctly 

re-assembling the sensing device. 

Actions and Compliance 

(f) Unless already done, do the following. 

(1) For Bombardier Model DHC–8–102, 

–103, –106, –201, –202, –301, –311, and –315 

series airplanes, serial numbers 003 through 

561 inclusive: Do the actions required by 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as 

applicable, in accordance with paragraph 

3.B., Part A, of Bombardier Service Bulletin 

8–27–107, dated October 16, 2007. 

(i) For airplanes on which fuselage spoiler 

cable disconnect sensing device, Modsum 

8Q100898, has been installed as of the 

effective date of this AD: Within 1,000 flight 

hours after the effective date of this AD, 

inspect the fuselage spoiler cable disconnect 

sensing device for correct assembly. 

(ii) For airplanes on which fuselage spoiler 

cable disconnect sensing device, Modsum 

8Q100898, has not been installed as of the 

effective date of this AD: Concurrently with 

the installation of Modsum 8Q100898, 

inspect the fuselage spoiler cable disconnect 

sensing device for correct assembly. 

Note 1: AD 2007–21–16, amendment 39– 

15234, requires the installation of Modsum 

8Q100898. 

(2) For Bombardier Model DHC–8–102, 

–103, –106, –201, –202, –301, –311, and –315 

series airplanes, serial numbers 562 through 

644 inclusive: Within 1,000 flight hours after 

the effective date of this AD, inspect the 

fuselage spoiler cable disconnect sensing 

device for correct assembly in accordance 

with paragraph 3.B., Part A, of Bombardier 

Service Bulletin 8–27–107, dated October 16, 

2007. 

Note 2: The fuselage spoiler cable 

disconnect sensing device was installed in 

production on the airplanes identified in 

paragraph (f)(2) of this AD. 

(3) For Bombardier Model DHC–8–400, 

–401, and –402 series airplanes, serial 

numbers 4003, 4004, 4006, and 4008 through 

4164 inclusive: Within 1,000 flight hours 

after the effective date of this AD, inspect the 

fuselage spoiler cable disconnect sensing 

device for correct assembly in accordance 

with paragraph 3.B., Part A, of Bombardier 

Service Bulletin 84–27–34, dated October 3, 

2007. 

Note 3: The fuselage spoiler cable 

disconnect sensing device was installed in 

production on the airplanes identified in 

paragraph (f)(3) of this AD. 

(4) For all airplanes: If an incorrectly 

assembled sensing device is detected during 

any inspection required by paragraph (f)(1), 

(f)(2), or (f)(3) of this AD, before further flight, 

inspect the components, replace worn or 

damaged components, and correctly reassemble the sensing device. Do the actions 

in accordance with paragraph 3.B., Part B, of 

Bombardier Service Bulletin 8–27–107, dated 

October 16, 2007; or Bombardier Service 

Bulletin 84–27–34, dated October 3, 2007; as 

applicable. 

FAA AD Differences 

Note 4: This AD differs from the MCAI 

and/or service information as follows: No 

difference. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office, 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: Dan Parrillo, 

Aerospace Engineer, Airframe and 

Propulsion Branch, ANE–171, FAA, New 

York Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, New 

York 11590; telephone (516) 228–7305; fax 

(516) 794–5531. Before using any approved 

AMOC on any airplane to which the AMOC 

applies, notify your appropriate principal 

inspector (PI) in the FAA Flight Standards 

District Office (FSDO), or lacking a PI, your 

local FSDO. 

(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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Canadian Airworthiness 

Directive CF–2008–28, dated July 10, 2008; 

Bombardier Service Bulletin 84–27–34, dated 

October 3, 2007; and Bombardier Service 

Bulletin 8–27–107, dated October 16, 2007; 

for related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 8–27–107, dated October 16, 2007; 

and Bombardier Service Bulletin 84–27–34, 

dated October 3, 2007; 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 Co ́teVertu 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 March 

12, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–5964 Filed 3–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1327; Directorate 

Identifier 2008–NM–161–AD; Amendment 

39–15859; AD 2009–06–22] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

mstockstill on PROD1PC66 with RULES