[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Rules and Regulations]
[Pages 16023-16025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2960]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20628; Directorate Identifier 2004-NM-51-AD; 
Amendment 39-14529; AD 2006-07-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-301, -311, and -
315 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model DHC-8-301, -311, and -315 airplanes. This AD 
requires replacing the pressure control valve of the Type 1 emergency 
door. This AD results from reports that the pressure control valve of 
the Type 1 emergency door is susceptible to freezing. We are issuing 
this AD to ensure that the pressure control valve does not freeze and 
prevent the door seal from deflating, which could result in the 
inability to open the door in an emergency.

DATES: This AD becomes effective May 4, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 4, 2006.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
room PL-401, Washington, DC.
    Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7320; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Examining the Docket

    You may examine the airworthiness directive (AD) docket on the 
Internet at http://dms.dot.gov or in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model DHC-8-301, -311, and -315 airplanes. That NPRM was published in 
the Federal Register on March 17, 2005 (70 FR 12981). That NPRM 
proposed to require replacing the pressure control valve of the Type 1 
emergency door.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments from the single 
commenter that have been received on the NPRM.

[[Page 16024]]

Request To Reference Parts Manufacturer Approval (PMA) Parts

    The commenter, Modification and Replacement Parts Association 
(MARPA), requests that the language in the NPRM be changed to permit 
installation of PMA equivalent parts.
    We infer that MARPA would like the AD to permit installation of any 
equivalent PMA parts so that it is not necessary for an operator to 
request approval of an alternative method of compliance (AMOC) in order 
to install an ``equivalent'' PMA part. Whether an alternative part is 
``equivalent'' in adequately resolving the unsafe condition can only be 
determined on a case-by-case basis based on a complete understanding of 
the unsafe condition. We are not currently aware of any such parts. Our 
policy is that, in order for operators to replace a part with one that 
is not specified in the AD, they must request an AMOC. This is 
necessary so that we can make a specific determination that an 
alternative part is or is not susceptible to the same unsafe condition.
    The AD provides a means of compliance for operators to ensure that 
the identified unsafe condition is addressed appropriately. For an 
unsafe condition attributable to a part, the AD normally identifies the 
replacement parts necessary to obtain that compliance. As stated in 
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7), 
``Anyone who operates a product that does not meet the requirements of 
an applicable airworthiness directive is in violation of this 
section.'' Unless an operator obtains approval for an AMOC, replacing a 
part with one not specified by the AD would make the operator subject 
to an enforcement action and result in a civil penalty. No change to 
the final rule is necessary in this regard.

Request To Address Defective PMA Parts

    MARPA also requests that the NPRM be changed to identify affected 
defective parts by manufacturer name and part number, as well as by 
Bombardier part number, so that defective PMA parts are also subject to 
the proposed AD. MARPA notes that ``it is possible that alternative 
parts approved under Canadian MOT PDA provisions or FAA PMA (14 CFR 
21.303(a)) provisions may exist.'' MARPA states that PMA manufacturers 
are encouraged to identify PMA parts by alternative designations 
different from the original equipment manufacturer (OEM) parts for 
which they are approved replacements. Therefore, MARPA asserts that a 
regulatory loophole is created if a ``defective'' PMA part is 
installed, because only the OEM part will be identified in the 
manufacturer service information.
    We concur with the MARPA's general request that, if we know that an 
unsafe condition also exists in PMA parts, the AD should address those 
parts, as well as the original parts. However, as we stated previously, 
we are not aware of any such parts relating to this AD. MARPA's remarks 
are timely in that the Transport Airplane Directorate currently is in 
the process of reviewing this issue as it applies to transport category 
airplanes. We acknowledge that there may be other ways of addressing 
this issue to ensure that unsafe PMA parts are identified and 
addressed. Once we have thoroughly examined all aspects of this issue, 
including input from industry, and have made a final determination, we 
will consider whether our policy regarding addressing PMA parts in ADs 
needs to be revised. We consider that to delay this AD action would be 
inappropriate, since we have determined that an unsafe condition exists 
and that replacement of certain parts must be accomplished to ensure 
continued safety. Therefore, no change has been made to the final rule 
in this regard.

Addition of New Service Information

    Since we issued the NPRM, we have received Revision A of Bombardier 
Service Bulletin 8-52-60, dated April 28, 2003. This service bulletin 
was issued to update Material--Price and Availability information and 
to inform operators that Bombardier Drawing 8Z4036, listed as a 
reference, was revised to show a new orientation of one bracket and 
clamp on View C-C. We have revised paragraph (f) of the final rule to 
reference Revision A of the service bulletin, added a new paragraph (g) 
to give operators credit for accomplishing the required actions before 
the effective date of the AD, and re-identified subsequent paragraphs 
accordingly.

Clarification of AMOC Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

Conclusion

    We have carefully 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 have determined that these changes will neither increase the 
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD will affect about 13 airplanes of U.S. registry. The 
required actions will take about 6 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts will cost about 
$700 per airplane. Based on these figures, the estimated cost of the AD 
for U.S. operators is $14,170, or $1,090 per airplane.

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 have 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 that this AD:
    (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) 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. See the ADDRESSES 
section for a location to examine the regulatory evaluation.

[[Page 16025]]

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2006-07-02 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14529. Docket No. FAA-2005-20628; Directorate Identifier 2004-NM-
51-AD.

Effective Date

    (a) This AD becomes effective May 4, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-301, -311, and -
315 airplanes, certificated in any category, serial numbers 100 
through 593 inclusive.

Unsafe Condition

    (d) This AD results from reports that the pressure control valve 
of the Type 1 emergency door is susceptible to freezing. We are 
issuing this AD to ensure that the pressure control valve does not 
freeze and prevent the door seal from deflating, which could result 
in the inability to open the door in an emergency.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replace Pressure Control Valve

    (f) Within 30 months after the effective date of this AD, 
replace the pressure control valve of the Type 1 emergency door by 
incorporating ModSum 8Q101159 in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-52-60, Revision A, 
dated April 28, 2003.

Replacement According to Previous Issue of Service Bulletin

    (g) Replacing the pressure control valve of the Type 1 emergency 
door is also acceptable for compliance with the requirements of 
paragraph (f) of this AD if done before the effective date of this 
AD in accordance the Accomplishment Instructions of Bombardier 
Service Bulletin 8-52-60, dated August 28, 2002.

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.
    (2) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (i) Canadian airworthiness directive CF-2003-04, dated February 
3, 2003, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 8-52-60, Revision 
A, dated April 28, 2003, to perform the actions that are required by 
this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123 
Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of 
this service information. You may review copies at the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street, SW., room PL-401, Nassif Building, Washington, DC; on the 
Internet at http://dms.dot.gov; or at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the 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 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2960 Filed 3-29-06; 8:45 am]
BILLING CODE 4910-13-U