[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Rules and Regulations]
[Pages 50403-50405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20141]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules 
and Regulations  

[[Page 50403]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0470; Directorate Identifier 2010-NM-190-AD]; 
Amendment 39-16768; AD 2011-17-04]
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.

-----------------------------------------------------------------------

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:

    One in-service incident has been reported on [a] DHC-8 Series 
400 aeroplane in which the right hand main landing gear (MLG) failed 
to extend using the alternate gear extension system. * * * Failure 
of [the] MLG to extend and lock could adversely affect the safe 
landing of the aeroplane.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 19, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
19, 2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 12, 2011 (76 FR 
27615). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    One in-service incident has been reported on [a] DHC-8 Series 
400 aeroplane in which the right hand main landing gear (MLG) failed 
to extend using the alternate gear extension system. Investigation 
determined that the tread on the outboard tire was catching on the 
bumper plate located on the outboard MLG door that prevented the MLG 
door to open following an extension attempt via the alternate 
extension system. Failure of [the] MLG to extend and lock could 
adversely affect the safe landing of the aeroplane.
    To prevent the potential jam condition between the bumper plate 
and the MLG tires, Bombardier Aerospace has developed a modification 
to trim the edge of the bumper plate to eliminate the possibility of 
interference [Bombardier Modsum 4-113645].

The Modsum includes performing a detailed visual inspection for damage 
or cracks of the bumper plate and base fitting and replacing any 
damaged or cracked part with a new part, if necessary. You may obtain 
further information by examining the MCAI in the AD docket.

Comments

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

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This 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 our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 65 products of U.S. registry. 
We also estimate that it will take about 8 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $479 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these costs. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of the AD on U.S. operators to 
be $75,335, or $1,159 per product.

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

[[Page 50404]]

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.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    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:

2011-17-04 Bombardier, Inc.: Amendment 39-16768. Docket No. FAA-
2011-0470; Directorate Identifier 2010-NM-190-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 19, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category, having serial 
numbers 4001 through 4247 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing 
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    One in-service incident has been reported on [a] DHC-8 Series 
400 aeroplane in which the right hand main landing gear (MLG) failed 
to extend using the alternate gear extension system. * * * Failure 
of [the] MLG to extend and lock could adversely affect the safe 
landing of the aeroplane.
* * * * *

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

    (g) Within 2,000 flight hours after the effective date of this 
AD: Incorporate Bombardier Modsum 4-113645, including performing a 
detailed visual inspection for damage or cracks of the bumper plate 
and base fitting and replacing any damaged or cracked part, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-74, Revision A, dated May 17, 2010. Do all 
applicable replacements before further flight.
    (h) For airplanes on which a bumper plate having part number 
85424082-101 or 85424082-103 is installed that has been reworked in 
accordance with Bombardier Repair Drawing 8/4-54-553: Within 1,000 
flight hours after the effective date of this AD, reidentify the 
bumper plate, in accordance with paragraph 3.B., step (8) of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-32-74, 
Revision A, dated May 17, 2010.

    Note 1:  Bombardier Service Bulletin 84-32-74, Revision A, dated 
May 17, 2010, includes an operational check of the alternate 
extension system of the MLG. If the check fails, guidance on doing 
corrective actions can be found in the Bombardier Q400 Dash 8 
Aircraft Maintenance Manual.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (i) Incorporation of Bombardier Modsum 4-113645 before the 
effective date of this AD in accordance with Bombardier Service 
Bulletin 84-32-74, dated December 23, 2009, is considered acceptable 
for compliance with the modification in paragraph (h) of this AD, 
provided the action in paragraph (h) of this AD is done within the 
compliance time specified in paragraph (h) of this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the New York ACO, send it 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.

Related Information

    (k) Refer to MCAI Canadian Airworthiness Directive CF-2010-23, 
dated July 21, 2010; and Bombardier Service Bulletin 84-32-74, 
Revision A, dated May 17, 2010; for related information.

Material Incorporated by Reference

    (l) You must use Bombardier Service Bulletin 84-32-74, Revision 
A, dated May 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 [email protected]; 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

[[Page 50405]]

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.

    Issued in Renton, Washington, on July 29, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-20141 Filed 8-12-11; 8:45 am]
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