[Federal Register Volume 72, Number 16 (Thursday, January 25, 2007)]
[Rules and Regulations]
[Pages 3352-3355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-911]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25328; Directorate Identifier 2006-NM-130-AD; 
Amendment 39-14880; AD 2007-01-08]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
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-8-400 series airplanes. This AD requires 
inspecting for fouling and chafing damage of the outboard brake control 
cable of the main landing gear, replacing the control cable if 
necessary, reworking the control cable cover, and, if applicable, 
manufacturing/installing an offset plate on the control cable cover. 
This AD results from a review of brake control cable operation 
conducted by the manufacturer. We are issuing this AD to prevent 
abrasion and wear of the outboard brake control cable, which could lead 
to cable separation and reduced control of airplane braking.

DATES: This AD becomes effective March 1, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 1, 
2007.

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.

[[Page 3353]]

    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-8-400 series airplanes. That NPRM was published in the 
Federal Register on July 12, 2006 (71 FR 39244). That NPRM proposed to 
require inspecting for fouling and chafing damage of the outboard brake 
control cable of the main landing gear, replacing the control cable if 
necessary, reworking the control cable cover, and, if applicable, 
manufacturing/installing an offset plate on the control cable cover.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Request To Publish Service Information

    One commenter, the Modification and Replacement Parts Association 
(MARPA), requests that we revise our procedures for incorporation by 
reference (IBR) of service information in ADs. MARPA states that, as an 
AD is a public regulatory instrument, it can not rely upon private 
writings. MARPA asserts that such IBR documents lose any original 
proprietary, protected status and become public documents, and, 
therefore, that they must be published in the Docket Management System 
(DMS), keyed to the action that incorporates them. MARPA addresses the 
stated purpose of the Office of the Federal Register (OFR) IBR method, 
brevity, which is intended to relieve the OFR from needlessly 
publishing documents already supplied to affected individuals (owners 
and operators of affected aircraft). MARPA asserts that ``affected 
individuals'' are no longer merely owners and operators, but, since 
most aircraft maintenance is now performed by specialty shops, that a 
new class of affected individuals has emerged. This new class includes 
maintenance and repair organizations, component servicing and repair 
shops, parts purveyors and distributors, and organizations 
manufacturing or servicing alternatively certified parts under section 
21.303 of the Federal Aviation Regulations (14 CFR 21.303). Further, 
MARPA contends that the concept of brevity is now nearly archaic as 
most documents are kept in electronic files. MARPA therefore requests 
that IBR documents be posted in the DMS docket for the applicable AD.
    We understand MARPA's comment concerning incorporation by 
reference. The OFR requires that documents that are necessary to 
accomplish the requirements of the AD be incorporated by reference 
during the final rule phase of rulemaking. This final rule incorporates 
by reference the document necessary for the accomplishment of the 
actions required by this AD. Further, we point out that while documents 
that are incorporated by reference do become public information, they 
do not lose their copyright protection. For that reason, we advise the 
public to contact the manufacturer to obtain copies of the referenced 
service information.
    We are currently in the process of reviewing issues surrounding the 
posting of service bulletins on the DMS as part of an AD docket. Once 
we have thoroughly examined all aspects of this issue and have made a 
final determination, we will consider whether our current practice 
needs to be revised. No change to the final rule is necessary in 
response to this comment.

Request for Policy Changes and Clarification

    MARPA also expresses concern about several perceived 
inconsistencies in current FAA policy regarding parts manufacturing 
approval (PMA) parts. MARPA states that type certificate holders in 
their service documents universally ignore the possible existence of 
PMA parts and that this is especially true with foreign manufacturers 
where the concept may not exist or be implemented in the country of 
origin. Frequently the service document upon which an airworthiness 
directive is based will require the removal of a certain part-numbered 
part and the installation of a different part-numbered part as a 
corrective action. This practice ``runs afoul of 14 CFR 21.303,'' which 
permits development, certification, and installation of alternatively 
certified parts.
    MARPA's statement that ``this practice runs afoul of 14 CFR 
21.303,'' under which the FAA issues PMAs, appears to reflect a 
misunderstanding of the relationship between ADs and the certification 
procedural regulations of part 21 of the Federal Aviation Regulations 
(14 CFR part 21). Those regulations, including 14 CFR 21.203, are 
intended to ensure that aeronautical products comply with applicable 
airworthiness standards. But ADs are issued when, notwithstanding those 
procedures, we become aware of unsafe conditions in these products or 
parts. Therefore, an AD takes precedence over design approvals when we 
identify an unsafe condition, and mandating installation of a certain 
part number in an AD is not at variance with section 21.303.
    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 alternative 
method of compliance (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 AD is necessary in this 
regard.

Request for Agreement on Parts Replacement

    MARPA further states the belief that the practice of requiring an 
AMOC to install a PMA part should be stopped, asserting that this is 
somehow tantamount to illogically stating that all PMA parts are 
inherently defective and require an additional layer of approval when 
the original equipment manufacturer (OEM) part is determined to be 
defective. MARPA states that the FAA personnel who diligently labored 
to certify the PMA part might disagree with such a narrow, OEM-slanted 
view. MARPA states that if the PMA part is defective, it must be deemed 
so in the AD and not simply implied by a catch-all AMOC requirement. 
MARPA states that this is the reason for its repeated

[[Page 3354]]

requests that language be adopted to trap such defective parts and 
suggests the Transport Airplane Directorate adopt the language used by 
the Small Airplane Directorate to accomplish this. MARPA asserts that 
the Small Airplane Directorate has developed a blanket statement that 
resolves this issue as set forth in AD 2006-20-10, amendment 39-14779 
(71 FR 57405, September 29, 2006):

(f) 14 CFR 21.303 allows for replacement parts through parts 
manufacturer approval (PMA). The phrase ``or FAA-approved equivalent 
P/N'' in this AD is intended to allow for the installation of parts 
approved through identicality to the design of the replacement 
parts. Equivalent replacement parts to correct the unsafe condition 
under PMA (other than identicality) may also be installed provided 
they meet current airworthiness standards, which include those 
actions cited in this AD.

    MARPA concludes that, typically, the Engine Directorate and the 
Rotorcraft Directorate avoid the issue by specifying ``airworthy 
parts'' be installed, leaving the determination of exactly which parts 
to the installer. MARPA contends that, because this proposed action 
differs markedly in treatment of this issue from that of the other 
directorates, the mandates contained in Section 1, paragraph (b)(10), 
of Executive Order 12866, which requires that all agencies act 
uniformly on a given issue, are not being met. MARPA therefore requests 
that steps be taken to bring the universe of PMA parts under the 
appropriate scope of this proposed action, both with respect to 
possible defective PMA parts and the use of possible present or future 
approved parts.
    The FAA recognizes the need for standardization on this issue and 
currently is in the process of reviewing it at the national level. 
However, the Transport Airplane Directorate considers that to delay 
this particular 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 AD in this regard.

Request To Comply With Draft FAA Order 8040.2

    MARPA asserts that the NPRM, as written, does not comply with 
proposed FAA Order 8040.2 which states, ``Parts Manufacturer Approval 
(PMA). MCAI (mandatory continuing airworthiness information) that 
require replacement or installation of certain parts could have 
replacement parts approved under 14 CFR 21.303 based on a finding of 
identicality. We have determined that any parts approved under this 
regulation and installed should be subject to the actions of our AD and 
included in the applicability of our AD.''
    The NPRM did not address PMA parts, as provided in draft FAA Order 
8040.2, because the Order was only a draft that was out for comment at 
the time. After issuance of the NPRM, the Order was revised and issued 
as FAA Order 8040.5 with an effective date of September 29, 2006. FAA 
Order 8040.5 does not address PMA parts in ADs. We acknowledge the need 
to ensure that unsafe PMA parts are identified and addressed in MCAI-
related ADs. We are currently examining all aspects of this issue, 
including input from industry. Once we have made a final determination, 
we will consider how our policy regarding PMA parts in ADs needs to be 
revised. No change to the AD is needed in this regard.

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 as proposed.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD, at an average labor rate of $80 per work hour.

                                                 Estimated Costs
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                                       Work               Cost per     Number of U.S.-
               Action                  hours     Parts    airplane   registered airplanes        Fleet cost
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Inspect brake cable................         1       N/A        $80  17...................  $1,360.
Rework cable cover.................         3       N/A        240  17...................  $4,080.
Manufacture/install offset plate,           3      $200        440  Up to 17.............  Up to $7,480.
 as applicable.
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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.

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:

[[Page 3355]]

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):

2007-01-08 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14880. Docket No. FAA-2006-25328; Directorate Identifier 2006-NM-
130-AD.

Effective Date

    (a) This AD becomes effective March 1, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400 series 
airplanes, certificated in any category; having serial numbers 4003, 
4004, 4006, 4008 through 4064 inclusive, 4072, and 4073.

Unsafe Condition

    (d) This AD results from a review of brake control cable 
operation conducted by the manufacturer. We are issuing this AD to 
prevent abrasion and wear of the outboard brake control cable, which 
could lead to cable separation and reduced control of airplane 
braking.

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.

Inspection of Control Cable

    (f) Within 12 months after the effective date of this AD, 
perform a general visual inspection for fouling and chafing damage 
of the outboard brake control cable of the main landing gear, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-53-37, Revision `C,' dated December 5, 2005.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Control Cable Cover Rework Only

    (g) If no fouling or damage is found during the inspection 
required by paragraph (f) of this AD: Within 24 months after the 
accomplishment date of the inspection, rework the control cable 
cover and, as applicable, manufacture/install the offset plate 
assembly; in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-53-37, Revision `C,' dated December 
5, 2005.

Cable Replacement and Control Cable Cover Rework

    (h) If any fouling or damage is found during the inspection 
required by paragraph (f) of this AD: Before further flight, replace 
the control cable with a new control cable, rework the control cable 
cover and, if not already installed, manufacture/install the offset 
plate assembly; in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 84-53-37, Revision `C,' dated 
December 5, 2005.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD in 
accordance with Bombardier Service Bulletin 84-53-37, Revision `A,' 
dated October 17, 2005; or Revision `B,' dated November 24, 2005; 
are considered acceptable for compliance with the corresponding 
actions specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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 Sec.  
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

    (k) Canadian airworthiness directive CF-2006-05, dated March 31, 
2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Bombardier Service Bulletin 84-53-37, Revision 
`C,' dated December 5, 2005, 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 December 26, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-911 Filed 1-24-07; 8:45 am]
BILLING CODE 4910-13-P