[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Rules and Regulations]
[Pages 56277-56279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22278]



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  Federal Register / Vol. 76, No. 177 / Tuesday, September 13, 2011 / 
Rules and Regulations  

[[Page 56277]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0381; Directorate Identifier 2010-NM-203-AD; 
Amendment 39-16799; AD 2011-18-17]
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:

    Several reports have been received on failures of the main 
landing gear (MLG) stabilizer extension springs. A landing gear 
audit has confirmed that the MLG may not lock in the down-lock 
position with the absence of both MLG stabilizer extension springs. 
The loss of the locking mechanism could result in the collapse of 
the main landing gear.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 18, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 18, 
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, 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 April 19, 2011 (76 
FR 21820). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Several reports have been received on failures of the main 
landing gear (MLG) stabilizer extension springs. A landing gear 
audit has confirmed that the MLG may not lock in the down-lock 
position with the absence of both MLG stabilizer extension springs. 
The loss of the locking mechanism could result in the collapse of 
the main landing gear.
    This [TCCA] directive is to mandate the incorporation of a new 
maintenance task for the MLG stabilizer extension springs.

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 considered the comment received.

Request to Reference Latest Revision of the Maintenance Review Board 
Report

    Merle Mattson requested that we revise paragraph (g) of the NPRM 
(76 FR 21820, April 19, 2011), to reference the latest permanent 
revision of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, 
PSM 1-84-7, rather than Bombardier Temporary Revision (TR) MRB-45, 
dated October 6, 2009, to Section 1-32, Systems/Powerplant Maintenance 
Program, of Part 1 of the Maintenance Review Board Report of the 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7, for 
Task 320100-213. The commenter suggested an option of adding a note 
allowing the removal of Bombardier TR MRB-45, dated October 6, 2009, 
when it is incorporated into Section 1-32, Systems/Powerplant 
Maintenance Program, of Part 1 of the Maintenance Review Board Report 
of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-
84-7, through a general revision. The commenter stated that the 
proposed NPRM would force operators to go back to the manufacturer for 
a copy of Bombardier TR MRB-45, dated October 6, 2009, because that TR 
was discarded at the incorporation of permanent Revision 7, dated June 
2010, of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, 
PSM 1-84-7.
    We agree with the request to add a note to allow the removal of 
Bombardier TR MRB-45, dated October 6, 2009, when the information in 
that TR is included in the general revision of Part 1 of the 
Maintenance Review Board Report of the Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7. We have added Note 1 to 
this AD to specify that the general revisions may be inserted into 
Section 1-32, Systems/Powerplant Maintenance Program, of Part 1 of 
Maintenance Review Board Report of the Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7, provided the relevant 
information in the general revisions is identical to that in Bombardier 
TR MRB-45, dated October 6, 2009.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We determined that this change 
will not increase the economic burden on any operator or increase the 
scope of the AD.

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.

[[Page 56278]]

    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 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $5,525, or $85 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 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 (76 FR 21820, April 19, 
2011), 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:

2011-18-17 Bombardier, Inc.: Amendment 39-16799. Docket No. FAA-
2011-0381; Directorate Identifier 2010-NM-203-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
18, 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, serial numbers 
4001, 4003 and subsequent.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several reports have been received on failures of the main 
landing gear (MLG) stabilizer extension springs. A landing gear 
audit has confirmed that the MLG may not lock in the down-lock 
position with the absence of both MLG stabilizer extension springs. 
The loss of the locking mechanism could result in the collapse of 
the main landing gear.
* * * * *

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 30 days after the effective date of this AD, revise 
the maintenance program by incorporating Task 320100-213 as 
specified in Bombardier Temporary Revision (TR) MRB-45, dated 
October 6, 2009, to Section 1-32, Systems/Powerplant Maintenance 
Program, of Part 1 of the Maintenance Review Board Report of the 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. 
The initial compliance time for Task 320100-213 is within 600 flight 
hours after the effective date of this AD.

    Note 1: The actions required by paragraph (g) of this AD may be 
done by inserting a copy of Bombardier TR MRB-45, dated October 6, 
2009, into Section 1-32, Systems/Powerplant Maintenance Program, of 
Part 1 of the Maintenance Review Board Report of the Bombardier Q400 
Dash 8 Maintenance Requirements Manual, PSM 1-84-7. When this TR has 
been included in the general revisions of Part 1 of the Maintenance 
Review Board Report of the Bombardier Q400 Dash 8 Maintenance 
Requirements Manual, PSM 1-84-7, the general revisions may be 
inserted in Part 1 of the Maintenance Review Board Report of the 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7, 
provided the relevant information in the general revisions is 
identical to that in Bombardier TR MRB-45, dated October 6, 2009.

No Alternative Actions or Intervals

    (h) After accomplishing the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections) or intervals 
may be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i) 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

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO, ANE-170, FAA, 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 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, notify 
your appropriate principal inspector, or

[[Page 56279]]

lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding 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

    (j) Refer to MCAI Transport Canada Civil Aviation (TCCA) 
Airworthiness Directive CF-2010-22, dated July 20, 2010; and 
Bombardier Temporary Revision MRB-45, dated October 6, 2009, to 
Section 1-32, Systems/Powerplant Maintenance Program, of Part 1 of 
the Maintenance Review Board Report of the Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7; for related 
information.

Material Incorporated by Reference

    (k) You must use Bombardier Temporary Revision MRB-45, dated 
October 6, 2009, to Section 1-32, Systems/Powerplant Maintenance 
Program, of Part 1 of the Maintenance Review Board Report of the 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7, 
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 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 August 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22278 Filed 9-12-11; 8:45 am]
BILLING CODE 4910-13-P