[Federal Register Volume 72, Number 18 (Monday, January 29, 2007)]
[Rules and Regulations]
[Pages 3928-3930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1200]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25904; Directorate Identifier 2006-NM-077-AD; 
Amendment 39-14883; AD 2007-01-11]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-100, -200, and -
300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to certain Bombardier Model DHC-8-100, -200, and -
300 series airplanes. That AD currently requires modification of the 
flight compartment door; repetitive inspections for wear of the flight 
compartment door hinges following modification; and repair or 
replacement of the hinges with new hinges if necessary. This new AD 
requires using revised procedures for modifying and inspecting the 
flight compartment door and reduces the applicability of the existing 
AD. This AD results from a determination that certain cockpit doors are 
no longer subject to the existing requirements. We are issuing this AD 
to prevent failure of the alternate release mechanism of the flight 
compartment door, which could delay or impede the evacuation of the 
flightcrew during an emergency. This failure also could result in the 
flightcrew not being able to assist passengers in the event of an 
emergency.

DATES: This AD becomes effective March 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of March 5, 
2007.
    On May 12, 1999 (64 FR 16803, April 7, 1999), the Director of the 
Federal Register approved the incorporation by reference of Bombardier 
Service Bulletin S.B. 8-52-39, Revision `C,' dated September 1, 1997; 
and Bombardier Service Bulletin S.B. 8-52-39, Revision `D,' dated 
February 27, 1998.

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 supersedes AD 99-08-04, amendment 39-
11109 (64 FR 16803, April 7, 1999). The existing AD applies to certain 
Bombardier Model DHC-8-100, -200, and -300 series airplanes. That NPRM 
was published in the Federal Register on September 26, 2006 (71 FR 
56070). That NPRM proposed to continue to require modification of the 
flight compartment door; repetitive inspections for wear of the flight 
compartment door hinges following modification; and repair or 
replacement of the hinges with new hinges if necessary. That NPRM also 
proposed to require using revised procedures for modifying and 
inspecting the flight compartment door and to reduce the applicability 
of the existing AD.

Comments

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

Request To Publish Service Information/Incorporate by Reference in NPRM

    The Modification and Replacement Parts Association (MARPA) states 
that ADs are based on service information that originates from the type 
certificate holder or its suppliers. MARPA adds that manufacturer's 
service documents are privately authored instruments, generally having 
copyright protection against duplication and distribution. When a 
service document is incorporated by reference into a public document, 
such as an AD, pursuant to 5 U.S.C. 552(a) and 1 CFR part 51, it loses 
its private, protected status and becomes a public document. MARPA 
notes that if a service document is used as a mandatory element of 
compliance it should not simply be referenced, but should be 
incorporated by reference. MARPA believes that public laws, by 
definition, should be public, which means they cannot rely upon private 
writings for compliance. MARPA adds that the legal interpretation of a 
document is a question of law, not of fact; therefore, unless the 
service document is incorporated by reference, it cannot be considered. 
MARPA is concerned that failure to incorporate essential service 
information could result in a court decision invalidating the AD.
    MARPA points out that in another AD issued from a Directorate other 
than the Transport Airplane Directorate, the FAA advised that documents 
are not incorporated by reference into proposed actions; only in final 
actions. MARPA can point to hundreds, if not thousands, of final rules 
where the documents were not incorporated by reference-either 
intentionally or by oversight. MARPA can also provide hundreds of 
references where the incorporation by reference text has been included 
in the proposed rule; thus there does not seem to be a consistent 
policy from action to action and across all Directorates on how to 
handle this issue.
    MARPA also states that service documents incorporated by reference 
should be made available to the public by publication in the Docket 
Management System (DMS), keyed to the action that incorporates those 
documents. MARPA notes that the stated purpose of the incorporation by 
reference method is brevity, to keep from expanding the Federal 
Register needlessly by publishing documents already in the hands of the 
affected individuals. MARPA adds that, traditionally, ``affected 
individuals'' means aircraft owners and operators, who are generally 
provided service

[[Page 3929]]

information by the manufacturer. MARPA adds that, a new class of 
affected individuals has emerged, since the majority of aircraft 
maintenance is now performed by specialty shops instead of aircraft 
owners and operators. MARPA notes that this new class includes 
maintenance and repair organizations, component servicing, and/or 
servicing alternatively certified parts under section 21.303 
(``Replacement and modification parts'') of the Federal Aviation 
Regulations (14 CFR 21.303). MARPA notes that the concept of brevity is 
now nearly archaic as documents exist more frequently in electronic 
format than on paper. Therefore, MARPA asks that the service documents 
deemed essential to the accomplishment of the NPRM be incorporated by 
reference into the regulatory instrument and published in DMS.
    In conclusion, MARPA notes that ``looking at'' a policy or 
procedure is not exactly the same as implementing it. Therefore, MARPA 
will continue to comment and request until such time as a decision has 
been implemented.
    We do not agree that documents should be incorporated by reference 
during the NPRM phase of rulemaking. The Office of the Federal Register 
(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 
documents 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.
    In regard to MARPA's request to post service bulletins on the 
Department of Transportation's DMS, 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.

Clarification of Paragraph (h) of This AD

    We have changed paragraph (h) of this AD to clarify that the 
modification required by paragraph (f) of this AD is included in the 
inspection requirements in paragraph (h).

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 change described previously. 
We have determined that this change will neither increase the economic 
burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 167 airplanes of U.S. registry. The new 
actions of this AD add no additional economic burden. The current costs 
for this AD are repeated for the convenience of affected operators, as 
follows:
    The modification takes about 4 work hours per airplane, at an 
average labor rate of $80 per work hour. The manufacturer states that 
it will supply required parts to the operators at no cost. Based on 
these figures, the estimated cost of the modification is $53,440, or 
$320 per airplane.
    The inspection takes about 2 work hours per airplane, at an average 
labor rate of $80 per work hour. Based on these figures, the estimated 
cost of the inspection is $26,720, or $160 per airplane, per inspection 
cycle.

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:

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 
removing amendment 39-11109 (64 FR 16803, April 7, 1999) and by adding 
the following new airworthiness directive (AD):

2007-01-11 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14883. Docket No. FAA-2006-25904; Directorate Identifier 2006-NM-
077-AD.

Effective Date

    (a) This AD becomes effective March 5, 2007.

Affected ADs

    (b) This AD supersedes AD 99-08-04.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-100, -200 and -300 
series airplanes, certificated in any category; equipped with a 
flight compartment door installation having part number (P/N) 
82510074-(*), 82510294-(*), 82510310-001, 8Z4597-001, H85250010-(*), 
82510700-(*), or 82510704-(*); except P/Ns 82510704-502 and 
82510704-503.

    Note 1: (*) denotes all dash numbers.

Unsafe Condition

    (d) This AD results from a determination that certain cockpit 
doors are no longer subject to the existing requirements. We are 
issuing this AD to prevent failure of the

[[Page 3930]]

alternate release mechanism of the flight compartment door, which 
could delay or impede the evacuation of the flightcrew during an 
emergency. This failure also could result in the flightcrew not 
being able to assist passengers in the event of 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.

Restatement of Requirements of Ad 99-08-04 With Revised Procedures

Modification

    (f) Except as required by paragraph (g) of this AD: Within 90 
days after May 12, 1999 (the effective date of AD 99-08-04), modify 
the lower hinge assembly and main door latch (Modification 8/2337) 
of the flight compartment door, in accordance with Bombardier 
Service Bulletin S.B. 8-52-39, Revision `D,' dated February 27, 
1998; or Revision `H,' dated September 9, 2004. After the effective 
date of this AD, only Revision `H' may be used for accomplishing the 
modification.
    (g) For airplanes on which the modification required by 
paragraph (f) of this AD was done before the effective date of this 
AD in accordance with Bombardier Service Bulletin S.B. 8-52-39, 
dated August 30, 1996; or Revision `A,' dated October 31, 1996: 
Within 90 days after the effective date of this AD, do the 
modification required by paragraph (f) of this AD in accordance with 
Bombardier Service Bulletin 8-52-39, Revision `H,' dated September 
9, 2004.

Inspection

    (h) Within 800 flight hours after doing the modification 
required by paragraph (f) or (g) of this AD, as applicable: Inspect 
the hinge areas around the hinge pin holes of the flight compartment 
door for wear in accordance with Bombardier Service Bulletin S.B. 8-
52-39, Revision `D,' dated February 27, 1998; or Revision `H,' dated 
September 9, 2004. After the effective date of this AD, only 
Revision `H' may be used for accomplishing the inspection.
    (1) If no wear is detected, or if the wear is less than or equal 
to 0.020 inch in depth, repeat the inspection thereafter at 
intervals not to exceed 800 flight hours.
    (2) If any wear is detected and its dimension around the hinge 
pin holes is less than 0.050 inch and greater than 0.020 inch in 
depth, prior to further flight, perform the applicable corrective 
actions specified in the service bulletin. Repeat the inspection 
thereafter at intervals not to exceed 800 flight hours.
    (3) If any wear is detected and its dimension around the hinge 
pin holes is greater than or equal to 0.050 inch in depth, prior to 
further flight, replace the worn hinges with new hinges in 
accordance with the service bulletin. Repeat the inspection 
thereafter at intervals not to exceed 800 flight hours.

Credit for Actions Accomplished Previously

    (i) Modifications and inspections done before the effective date 
of this AD in accordance with Bombardier Service Bulletin S.B. 8-52-
39, Revision `B,' dated July 4, 1997; Revision `C,' dated August 1, 
1997; Revision `E,' dated May 10, 1999; Revision `F,' dated February 
4, 2000; or Revision `G,' dated May 17, 2001; are considered 
acceptable for compliance with the modification and inspections 
required by 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) AMOCs approved previously in accordance with AD 99-08-04 are 
approved as AMOCs for the corresponding provisions of paragraphs 
(f), (g), (h), and (i) of this AD.
    (3) 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-1996-20R4, dated August 
10, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Bombardier Service Bulletin S.B. 8-52-39, 
Revision `D,' dated February 27, 1998; and Bombardier Service 
Bulletin 8-52-39, Revision `H,' dated September 9, 2004; as 
applicable, to perform the actions that are required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of Bombardier Service Bulletin 8-52-39, 
Revision `H,' dated September 9, 2004, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.
    (2) On May 12, 1999 (64 FR 16803, April 7, 1999), the Director 
of the Federal Register approved the incorporation by reference of 
Bombardier Service Bulletin S.B. 8-52-39, Revision `D,' dated 
February 27, 1998.
    (3) 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. E7-1200 Filed 1-26-07; 8:45 am]
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