[Federal Register Volume 72, Number 107 (Tuesday, June 5, 2007)]
[Rules and Regulations]
[Pages 30968-30970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10678]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27755; Directorate Identifier 2006-NM-289-AD; 
Amendment 39-15081; AD 2007-12-03]
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 
revising the Limitations section of the airplane flight manual to 
include procedures for pulling the ``HYD PWR XFER'' circuit breaker in 
the event of the loss of all hydraulic fluid in the No. 1 or No. 2 
hydraulic system. This AD results from reports of fluid loss in the No. 
2 hydraulic system, causing the power transfer unit to overspeed, 
increasing the fluid flow within the No. 1 hydraulic system. We are 
issuing this AD to prevent possible loss of both the No. 1 and No. 2 
hydraulic systems, resulting in the potential loss of several functions 
essential for safe flight and landing of the airplane.

DATES: This AD becomes effective July 10, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of July 10, 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.
    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 April 4, 2007 (72 FR 16289). That NPRM proposed to 
require revising the Limitations section of the airplane flight manual 
(AFM) to include procedures for pulling the ``HYD PWR XFER'' circuit 
breaker in the event of

[[Page 30969]]

the loss of all hydraulic fluid in the No. 1 or No. 2 hydraulic system.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Clarification of Alternative Method of Compliance (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 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.

Interim Action

    We consider this AD interim action. The manufacturer is currently 
developing a modification that will address the unsafe condition 
identified in this AD. Once this modification is developed, approved, 
and available, we might consider additional rulemaking.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

                                                 Estimated Costs
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                                                Average                           Number of U.S.-
              Action                 Work     labor rate     Parts     Cost per      registered     Fleet cost
                                     hours     per hour                airplane      airplanes
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AFM revision.....................        1           $80        $0          $80              21          $1,680
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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:

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):

2007-12-03 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-15081. Docket No. FAA-2007-27755; Directorate Identifier 2006-NM-
289-AD.

Effective Date

    (a) This AD becomes effective July 10, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, DHC-8-401, 
and DHC-8-402 airplanes, certificated in any category; serial 
numbers 4001 and 4003 and subsequent.

Unsafe Condition

    (d) This AD results from reports of fluid loss in the No. 2 
hydraulic system, causing the power transfer unit to overspeed, 
increasing the fluid flow within the No. 1 hydraulic system. We are 
issuing this AD to prevent possible loss of both the No. 1 and No. 2 
hydraulic systems, resulting in the potential loss of several 
functions essential for safe flight and landing of the airplane.

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.

Airplane Flight Manual (AFM) Revision

    (f) Within 14 days after the effective date of this AD, revise 
the Limitations section of the applicable AFM to include the 
information in the applicable Bombardier temporary amendment 
specified in Table 1 of this AD, as specified in the temporary 
amendment. These temporary amendments introduce procedures for 
pulling the ``HYD PWR XFER'' circuit breaker in the event of the 
loss of all hydraulic fluid in the No. 1 or No. 2 hydraulic system. 
Operate the airplane according to the limitations and procedures in 
the applicable temporary amendment.

[[Page 30970]]



                                       Table 1.--AFM Temporary Amendments
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                                    Use
                                Bombardier                                            To Bombardier Dash 8 Q400
         For model--             temporary    Issue--             Dated--              Airplane Flight Manual--
                                amendment--
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DHC-8-400 airplanes..........            13          1  July 14, 2005..............  PSM 1-84-1A.
DHC-8-401 airplanes..........            13          1  July 14, 2005..............  PSM 1-84-1A.
DHC-8-402 airplanes..........            13          1  July 14, 2005..............  PSM 1-84-1A.
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    Note 1: This may be done by inserting a copy of the applicable 
temporary amendment into the applicable AFM. When the applicable 
temporary amendment has been included in general revisions of the 
AFM, the general revisions may be inserted into the AFM, provided 
the relevant information in the general revisions is identical to 
that in the temporary amendment.

Alternative Methods of Compliance (AMOCs)

    (g)(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) 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.

Related Information

    (h) Canadian airworthiness directive CF-2006-08, dated April 26, 
2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use the temporary amendments specified in Table 2 
of this AD, as applicable, 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 these 
documents 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 FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or 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/cfr/ibr-locations.html.

                                  Table 2.--Material Incorporated by Reference
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     Bombardier temporary                                                  To Bombardier Dash 8 Q400  Airplane
         amendment--            Issue--              Dated--                         Flight Manual--
----------------------------------------------------------------------------------------------------------------
13...........................          1  July 14, 2005...............  Model 400 PSM 1-84-1A.
13...........................          1  July 14, 2005...............  Model 401 PSM 1-84-1A.
13...........................          1  July 14, 2005...............  Model 402 PSM 1-84-1A.
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    Issued in Renton, Washington, on May 25, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-10678 Filed 6-4-07; 8:45 am]
BILLING CODE 4910-13-P