[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Rules and Regulations]
[Pages 68174-68177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27611]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1041; Directorate Identifier 2010-NM-198-AD; 
Amendment 39-16493; AD 2010-23-04]
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.

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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:

    Several reports have been received of cracked nacelle attachment 
fittings. The preliminary investigation determined the cause to be 
stress corrosion. Stress corrosion cracking could compromise the 
structural integrity of the nacelle attachment fitting and could 
adversely affect the safe landing of the aeroplane.

Failure of the fitting could result in collapse of the landing gear. 
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective November 22, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 22, 
2010.
    We must receive comments on this AD by December 20, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 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: Craig Yates, 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) 228-7355; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-30R1, dated September 21, 2010 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    Several reports have been received of cracked nacelle attachment 
fittings. The preliminary investigation determined the cause to be 
stress corrosion. Stress corrosion cracking could compromise the 
structural integrity of the nacelle attachment fitting and could 
adversely affect the safe landing of the aeroplane.
    This [Canadian] directive, as an interim, mandates a detailed 
visual inspection [for cracking] and conductivity check of each of 
the four (4) nacelle attachment fittings.
    Revision 1 of this [Canadian] directive is issued to update the 
aircraft serial number (S/N) applicability based on the latest crack 
findings and also to revise the acceptable conductivity values in 
Part I.A. In addition, Part II. has been added to provide 
instructions for newly affected aircraft and aircraft that have 
replaced nacelle attachment fittings.

Failure of the fitting could result in collapse of the landing gear. 
Required actions include repetitive detailed inspections and 
replacement of the fittings, depending on inspection findings. You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-54-14, Revision J, dated 
September 17, 2010. For certain airplanes, this service bulletin 
describes procedures for a conductivity inspection and a repetitive 
detailed inspection for cracking of the nacelle attachment fittings. If 
the inspections find cracking, this service bulletin specifies 
replacement of the fitting, or if the inspection finds certain 
conductivity results, a daily repetitive detailed inspection until 
replacement of the fitting is accomplished. For certain other 
airplanes, this service bulletin describes repetitive detailed 
inspections for cracking of the nacelle attachment fittings and 
replacement of the fitting if any cracking is found. For all airplanes, 
this service bulletin specifies that replacement of the fitting extends 
the compliance time for the first repetitive detailed inspection on 
that fitting. 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.

[[Page 68175]]

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 there 
is a possibility that stress corrosion cracking of the fitting, if 
undetected, could adversely affect safe landing. Therefore, we 
determined that notice and opportunity for public 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-2010-1041; Directorate 
Identifier 2010-NM-198-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

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:

2010-23-04 Bombardier, Inc.: Amendment 39-16493. Docket No. FAA-
2010-1041; Directorate Identifier 2010-NM-198-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November 
22, 2010.

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 54: 
Nacelles/Pylons.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    Several reports have been received of cracked nacelle attachment 
fittings. The preliminary investigation determined the cause to be 
stress corrosion. Stress corrosion cracking could compromise the 
structural integrity of the nacelle attachment fitting and could 
adversely affect the safe landing of the aeroplane.

Failure of the fitting could result in collapse of the landing gear.

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

Inspection and Conductivity Inspection of the Nacelle Attachment 
Fitting Assembly, Part Number 85414663, for Certain Airplanes

    (g) For airplanes having serial numbers 4001 through 4304 
inclusive, 4314, and 4315: Within 100 flight hours after the 
effective date of this AD, do a detailed inspection for cracking, 
and a conductivity inspection on each of the 4 nacelle attachment 
fittings, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-54-14, Revision J, dated September 
17, 2010. Repeat the detailed inspection at intervals not to exceed 
300 flight hours, except as provided by paragraph (j) of this AD.
    (1) If any nacelle attachment fitting is found cracked, before 
further flight, replace the fitting with a new fitting in accordance 
with paragraph (3) of Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-54-14, Revision J, dated September 
17, 2010.
    (2) If the conductivity of any test points on any fitting is 
found to be greater than 45.0 percent International Annealed Copper 
Standard (IACS) or if the conductivity of any test points on any 
fitting is found to be less than 38.0 percent IACS, do the actions 
required by paragraphs (g)(2)(i) and (g)(2)(ii) of this AD.
    (i) Within 24 hours after accomplishing the conductivity 
inspection specified in paragraph (g) of this AD, do a detailed 
inspection of the nacelle attachment fitting for cracking, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-54-14, Revision J, dated September 17, 2010, and 
repeat thereafter at intervals not to exceed 24 hours. If cracking 
is found, before further flight, replace the fitting with a new 
fitting in accordance with the requirements of paragraph (g)(2)(ii) 
of this AD. Replacement of the fitting terminates the daily detailed 
inspection requirements of this paragraph.
    (ii) Except as required by paragraph (g)(2)(i) of this AD: 
Within 300 flight hours after accomplishing the conductivity 
inspection specified in paragraph (g) of this AD, replace the 
fitting with a new fitting in accordance with paragraph (3) of Part 
A of the Accomplishment Instructions of Bombardier Service Bulletin 
84-54-14, Revision J, dated September 17, 2010.

[[Page 68176]]

Inspection Reports

    (h) Submit a report of the findings (both positive and negative) 
of the conductivity inspection required by paragraph (g) of this AD 
to Bombardier, at the applicable time specified in paragraph (h)(1) 
or (h)(2) of this AD, in accordance with Bombardier Service Bulletin 
84-54-14, Revision J, dated September 17, 2010. The report must 
include the inspection results, a description of any discrepancies 
found, the airplane serial number, and the number of flight cycles 
and flight hours on the airplane.
    (1) If the inspection was done on or after the effective date of 
this AD: Submit the report within 14 days after the inspection.
    (2) If the inspection was accomplished prior to the effective 
date of this AD: Submit the report within 14 days after the 
effective date of this AD.

Inspection of the Nacelle Attachment Fitting Assembly, Part Number 
85414663, for Certain Other Airplanes

    (i) For airplanes having serial numbers 4305 through 4313 
inclusive, and 4316 and subsequent: Within 1,200 flight hours after 
the effective date of this AD, do a detailed inspection for cracking 
on each of the 4 nacelle attachment fittings, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, 
Revision J, dated September 17, 2010. If any nacelle attachment 
fitting is found cracked, before further flight, replace the fitting 
with a new fitting in accordance with paragraph (3) of Part A of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, 
Revision J, dated September 17, 2010. Thereafter, repeat the 
detailed inspection at intervals not to exceed 300 flight hours, 
except as provided by paragraph (j) of this AD.

Initial Inspection Compliance Time for New Fittings

    (j) For any fitting that is replaced in accordance with 
paragraph (3) of Part A of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-54-14, Revision J, dated September 
17, 2010, as specified in paragraph (g) or (i) of this AD: Within 
1,200 flight hours after replacing the fitting, do a detailed 
inspection of that replaced fitting as specified in paragraph (g) or 
(i) of this AD, and repeat the detailed inspection thereafter at 
intervals not to exceed 300 flight hours.

Credit for Replacing the Fitting Using Previous Service Information

    (k) Accomplishing the replacement of the nacelle fittings in 
accordance with any Bombardier service bulletin identified in Table 
1 of this AD before the effective date of this AD is also acceptable 
for compliance with the fitting replacements specified in paragraphs 
(g) and (i) of this AD.

                                     Table 1--Acceptable Service Information
----------------------------------------------------------------------------------------------------------------
    Bombardier Service Bulletin--                 Revision--                              Dated--
----------------------------------------------------------------------------------------------------------------
84-54-14............................  Original..........................  April 16, 2010.
84-54-14............................  A.................................  April 22, 2010.
84-54-14............................  B.................................  June 11, 2010.
84-54-14............................  C.................................  June 30, 2010.
84-54-14............................  D.................................  July 5, 2010.
84-54-14............................  E.................................  August 19, 2010.
84-54-14............................  F.................................  August 20, 2010.
84-54-14............................  G.................................  September 9, 2010.
84-54-14............................  H.................................  September 10, 2010.
----------------------------------------------------------------------------------------------------------------

Credit for Inspections Accomplished in Accordance With Previous Service 
Information

    (l) Accomplishment of the inspections required by paragraphs (g) 
and (i) of this AD before the effective date of this AD in 
accordance with any Bombardier service bulletin identified in Table 
1 of this AD is acceptable for compliance with the corresponding 
actions required by paragraphs (g) and (i) of this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: Although the MCAI does not state a requirement for 
submitting inspection reports, this AD requires inspection reports 
to be submitted to the manufacturer so the manufacturer can gather 
information on the extent of the problem and develop corrective 
actions. Based on the results of these reports, we might determine 
that further rulemaking is warranted. This difference has been 
coordinated with TCCA.

Other FAA AD Provisions

    (m) 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. 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

    (n) Refer to MCAI Canadian Airworthiness Directive CF-2010-30R1, 
dated September 21, 2010; and Bombardier Service Bulletin 84-54-14, 
Revision J, dated September 17, 2010; for related information.

Material Incorporated by Reference

    (o) You must use Bombardier Service Bulletin 84-54-14, Revision 
J, dated September 17, 2010, 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 <a href="/cdn-cgi/l/email-protection#becad6da90cfcddbccd7dbcdfedfdbccd190dcd1d3dcdfccdad7dbcc90ddd1d3"><span class="__cf_email__" data-cfemail="c0b4a8a4eeb1b3a5b2a9a5b380a1a5b2afeea2afada2a1b2a4a9a5b2eea3afad">[email protected]</span></a>; 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.


[[Page 68177]]


    Issued in Renton, Washington, on October 18, 2010.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-27611 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-13-P


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