[Federal Register Volume 76, Number 243 (Monday, December 19, 2011)]
[Rules and Regulations]
[Pages 78522-78523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32019]



[[Page 78522]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0916; Directorate Identifier 2011-NM-127-AD; 
Amendment 39-16895; AD 2011-26-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are superseding an existing airworthiness directive (AD) 
that applies to certain Bombardier, Inc. Model DHC-8-300 series 
airplanes. 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 cases of aileron terminal quadrant support brackets that 
were manufactured using sheet metal have been found cracked on DHC-8 
Series 300 aircraft. Investigation revealed that the failure of the 
support bracket was due to fatigue. Failure of the aileron terminal 
quadrant support bracket could result in an adverse reduction of 
aircraft roll control.
* * * * *

These conditions could result in loss of control of the airplane. We 
are issuing this AD to require actions to correct the unsafe condition 
on these products.

DATES: This AD becomes effective January 23, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 1, 
2011 (75 FR 81420, December 28, 2010).

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: Aziz Ahmed, 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) 228-7329; 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 September 7, 2011 
(76 FR 55296), and proposed to supersede AD 2010-26-13, Amendment 39-
16553 (75 FR 81420, December 28, 2010). That NPRM proposed to revise 
the existing compliance time to include a 33,000 total flight hours 
compliance time. That NPRM proposed to correct an unsafe condition for 
the specified products. 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 (76 FR 55296, September 7, 
2011) 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 about 13 products of U.S. 
registry.
    The actions that are required by AD 2010-26-13, Amendment 39-16553 
(75 FR 81420, December 28, 2010), and retained in this AD take about 72 
work-hours per product, at an average labor rate of $85 per work-hour. 
Required parts cost about $1,080 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 parts. As we do 
not control warranty coverage for affected parties, some parties may 
incur costs higher than estimated here. Based on these figures, the 
estimated cost of the currently required actions is $93,600, or $7,200 
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 55296, September 7, 
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.

[[Page 78523]]

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 removing Amendment 39-16553 (75 FR 
81420, December 28, 2010) and adding the following new AD:

2011-26-05 Bombardier, Inc.: Amendment 39-16895. Docket No. FAA-
2011-0916; Directorate Identifier 2011-NM-127-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
23, 2012.

Affected ADs

    (b) This AD supersedes AD 2010-26-13, Amendment 39-16553 (75 FR 
81420, December 28, 2010).

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-301, -311, 
and -315 airplanes, certificated in any category; having serial 
numbers 100 through 530 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Several cases of aileron terminal quadrant support brackets that 
were manufactured using sheet metal have been found cracked on DHC-8 
Series 300 aircraft. Investigation revealed that the failure of the 
support bracket was due to fatigue. Failure of the aileron terminal 
quadrant support bracket could result in an adverse reduction of 
aircraft roll control.
* * * * *
These conditions could result in loss of control of the airplane.

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.

Restatement of Requirements of AD 2010-26-13, Amendment 39-16553, (75 
FR 81420, December 28, 2010) With Reduced Compliance Time and no New 
Service Information

Actions

    (g) For airplanes with an aileron terminal quadrant support 
bracket having part number (P/N) 85711569: At the applicable times 
specified in paragraph (g)(1) or (g)(2) of this AD, install a new 
aileron input quadrant support bracket by incorporating MODSUM 
8Q101250, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 8-57-43, Revision B, dated October 7, 
2009.
    (1) For airplanes that have accumulated 30,000 total flight 
hours or more as of February 1, 2011 (the effective date of AD 2010-
26-13, Amendment 39-16553 (75 FR 81420, December 28, 2010)): Within 
3,000 flight hours after February 1, 2011.
    (2) For airplanes that have accumulated less than 30,000 total 
flight hours as of February 1, 2011: At the earlier of the times of 
paragraphs (g)(2)(i) and (g)(2)(ii).
    (i) Before the accumulation of 33,000 total flight cycles or 
within 6,000 flight hours after February 1, 2011, whichever occurs 
first.
    (ii) Before the accumulation of 33,000 total flight hours or 
within 6,000 flight hours after the effective date of this AD, 
whichever occurs first.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (h) Doing the installation by incorporating MODSUM 8Q101250 is 
also acceptable for compliance with the requirements of paragraph 
(g) of this AD if done before February 1, 2011, in accordance with 
Bombardier Service Bulletin 8-57-43, dated August 9, 2002; or 
Bombardier Service Bulletin 8-57-43, Revision A, dated January 17, 
2003.

FAA AD Differences

    Note 1: 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 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, notify 
your appropriate principal inspector, or 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 Canadian Airworthiness Directive CF-2009-45, 
dated December 11, 2009; and Bombardier Service Bulletin 8-57-43, 
Revision B, dated October 7, 2009; for related information.

Material Incorporated by Reference

    (k) You must use Bombardier Service Bulletin 8-57-43, Revision 
B, dated October 7, 2009, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Service Bulletin 8-57-43, 
Revision B, dated October 7, 2009, on February 1, 2011 (75 FR 81420, 
December 28, 2010), 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; email [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 December 6, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-32019 Filed 12-16-11; 8:45 am]
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