[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Rules and Regulations]
[Pages 4646-4648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1993]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0037; Directorate Identifier 2012-NM-003-AD; 
Amendment 39-16935; AD 2012-02-12]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes. This AD 
requires an inspection of a certain alternating current (AC) power wire 
bundle for damage, and repair if necessary. Additionally, this AD 
requires segregating the wire bundle into two wire bundles and 
installing Teflon tubing. This AD was prompted by multiple reports of 
the loss of certain AC systems caused by a burnt AC power wire bundle. 
We are issuing this AD to prevent the loss of ice protection systems 
for the angle of attack vanes, pitot probes, engine inlets, and 
windshields, and consequent loss of or misleading airspeed indication 
and increased workload for the flight crew, which could lead to loss of 
control of the airplane.

DATES: This AD becomes effective February 15, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of February 15, 
2012.
    We must receive comments on this AD by March 16, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.

[[Page 4647]]

     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this AD, 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.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7301; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-46, dated December 20, 2011 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There have been several reports of the loss of certain 
Alternating Current (AC) systems along with the tripping of 
associated circuit breakers. During maintenance troubleshooting, the 
same AC power wire bundle was found burnt. All AC systems and AC 
Generators could be affected by damage to this AC power wire bundle 
resulting in the loss of ice protection systems for the angle of 
attack vanes, pitot probes, engine inlets or windshields. In icing 
conditions, the loss of the ice protection systems could affect 
continued safe flight.
    This [TCCA] Airworthiness Directive (AD) mandates the detailed 
inspection [for damage] of the AC power wire bundle [and repair if 
necessary] and segregation of the wires within the affected AC power 
wire bundle to prevent a dual system loss [and installing Teflon 
tubing].

The detailed inspection for damage includes inspecting for any foreign 
object damage (FOD), damage due to sharp bends and kinking or 
deterioration, insulation cracking, evidence of heat damage to the 
insulation, and chafing. The unsafe condition is the loss of ice 
protection systems for the angle of attack vanes, pitot probes, engine 
inlets, and windshields, and consequent loss of or misleading airspeed 
indication and increased workload for the flight crew, which could lead 
to loss of control of the airplane. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-24-52, dated November 22, 
2011. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Differences Between the AD and the MCAI

    Although the MCAI recommends accomplishing the actions within 600 
flight hours or 90 days, whichever occurs first, after the effective 
date of the MCAI, this AD requires accomplishment within 400 flight 
hours or 60 days, whichever occurs first, after the effective date of 
this AD. We find that a compliance time of 600 flight hours or 90 days, 
whichever occurs first, would not address the unsafe condition soon 
enough to maintain an adequate level of safety for the affected fleet. 
In developing an appropriate compliance time for this AD, we considered 
the degree of urgency associated with addressing the unsafe condition, 
the upcoming inclement weather conditions, and the maximum interval of 
time allowable for all affected airplanes to continue to operate 
without compromising safety. We find that 400 flight hours or 60 days, 
whichever occurs first, after the effective date of this AD, to be an 
appropriate compliance time to complete these actions. This difference 
has been coordinated with TCCA.

FAA's Determination and Requirements of This AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because there 
have been several reports of the loss of certain AC systems along with 
the tripping of associated circuit breakers. During maintenance 
troubleshooting, the same AC power wire bundle was found burnt. All AC 
systems and AC Generators could be affected by damage to this AC power 
wire bundle resulting in the loss of ice protection systems for the 
angle of attack vanes, pitot probes, engine inlets or windshields. In 
icing conditions, the loss of the ice protection systems could affect 
continued safe flight. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2012-0037; Directorate 
Identifier 2012-NM-003-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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

[[Page 4648]]

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 proposed 
regulation:
    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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

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:

2012-02-12 Bombardier, Inc.: Amendment 39-16935. Docket No. FAA-
2012-0037; Directorate Identifier 2012-NM-003-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective February 15, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4095 
through 4391 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 24: Electrical 
Power.

(e) Reason

    This AD was prompted by multiple reports of the loss of certain 
alternating current (AC) systems caused by a burnt AC power wire 
bundle. We are issuing this AD to prevent the loss of ice protection 
systems for the angle of attack vanes, pitot probes, engine inlets, 
and windshields, and consequent loss of or misleading airspeed 
indication and increased workload for the flight crew, which could 
lead to loss of control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Inspection and Corrective Actions

    Within 400 flight hours or 60 days, whichever occurs first, 
after the effective date of this AD, do the actions specified in 
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Do a detailed inspection of the affected AC power wire 
bundle for damage (any foreign object damage (FOD), damage due to 
sharp bends and kinking or deterioration, insulation cracking, 
evidence of heat damage to the insulation, and chafing) and do all 
applicable repairs, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-24-52, dated November 
22, 2011. Do all applicable repairs before further flight.
    (2) Segregate the AC power wire bundle into two bundles and 
install Teflon tubing, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-24-52, dated November 
22, 2011.

(h) Other FAA AD Provisions

    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 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.

 (i) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-46, dated 
December 20, 2011; and Bombardier Service Bulletin 84-24-52, dated 
November 22, 2011; for related information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) of the following service information under 5 U.S.C. 
552(a) and 1 CFR part 51:
    (i) Bombardier Service Bulletin 84-24-52, dated November 22, 
2011.
    (2) For Bombardier, Inc. 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 an NARA facility, 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 January 23, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-1993 Filed 1-30-12; 8:45 am]
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