[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Rules and Regulations]
[Pages 16145-16147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6439]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0190; Directorate Identifier 2012-NM-033-AD; 
Amendment 39-16979; AD 2012-05-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc.

AGENCY: Federal Aviation Administration (FAA), 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-8-102, -103, and -106 airplanes. This AD 
requires a general visual inspection for chamfer of the upper edge of 
each leaf spring, and rework if necessary. This AD also requires 
installing a new friction brake nut. This AD was prompted by reports 
that it was possible to inadvertently move the power levers through the 
flight idle gate into the beta range due to an un-chamfered leaf spring 
in the friction brake that may contact the power lever latch when the 
friction adjusting knob is fully loosened. We are issuing this AD to 
detect and correct an unsafe condition where both engines can 
inadvertently be operated in beta mode during flight and consequently 
reduce controllability of the airplane.

DATES: This AD becomes effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 4, 2012.
    We must receive comments on this AD by May 4, 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.

[[Page 16146]]

     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.
     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: Mazdak Hobbi, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA) which is the aviation 
authority for Canada, has issued Canadian Emergency Airworthiness 
Directive CF-2012-08, dated January 30, 2012 (referred to after this as 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During maintenance, it was discovered that it was possible to 
inadvertently move the power levers through the flight idle gate 
into the beta range. An investigation revealed that an un-chamfered 
leaf spring in the friction brake may contact the power lever latch 
when the friction adjusting knob is fully loosened. This can result 
in the lifting of the power lever latch and allow the power levers 
to pass through the flight idle gate without lifting the triggers.
    Further investigation also determined that an un-chamfered 
spring installation with a pre-Service Bulletin (SB) 8-76-2 
(Modification 8/0443) friction brake nut can further increase the 
possibility of allowing power levers to pass through the flight idle 
gate without lifting the triggers, when the friction adjusting knob 
is fully loosened.
    The above discrepancies, if not corrected, may result in an 
unsafe condition where both engines can inadvertently be operated in 
beta mode during flight.
    In order to address this potentially unsafe condition, 
Bombardier has issued:
     Alert Service Bulletin (ASB) A8-76-32 requiring 
operators to inspect [general visual inspection] the springs and 
chamfer [rework] the springs as applicable, and
     SB 8-76-02 Rev. A to replace the pre-SB 8-76-2 (Mod 8/
0443) original friction brake nut with a new friction brake nut with 
larger shoulders.
    This [TCCA] Airworthiness Directive (AD) is being issued to 
mandate compliance with Bombardier ASB A8-76-32 and SB 8-76-02 Rev. 
A requirements on the affected aeroplanes.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier has issued the following service bulletins:
     Alert Service Bulletin A8-76-32, dated January 27, 2012.
     Service Bulletin 8-76-02, Revision ``A,'' dated January 
25, 2012.
    The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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 reports that it was possible to inadvertently move the power 
levers through the flight idle gate into the beta range due to an un-
chamfered leaf spring in the friction brake that may contact the power 
lever latch when the friction adjusting knob is fully loosened. This 
can result in the lifting of the power lever latch and allow the power 
levers to pass through the flight idle gate without lifting the 
triggers. Also, a certain un-chamfered spring installation with a 
friction brake nut can further increase the possibility of allowing 
power levers to pass through the flight idle gate without lifting the 
triggers, when the friction adjusting knob is fully loosened. These 
conditions, if not corrected, may result in an unsafe condition where 
both engines can inadvertently be operated in beta mode during flight 
and consequently reduce controllability of the airplane. 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-2012-0190; Directorate 
Identifier 2012-NM-033-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 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.

[[Page 16147]]

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 that 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);
    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:

2012-05-07 Bombardier, Inc.: Amendment 39-16979. Docket No. FAA-
2012-0190; Directorate Identifier 2012-NM-033-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 4, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, and -
106 airplanes, certificated in any category, serial numbers 003 
through 039 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 76: Engine 
Controls.

(e) Reason

    This AD was prompted by reports that it was possible to 
inadvertently move the power levers through the flight idle gate 
into the beta range due to an un-chamfered leaf spring in the 
friction brake that may contact the power lever latch when the 
friction adjusting knob is fully loosened. We are issuing this AD to 
detect and correct an unsafe condition where both engines can 
inadvertently be operated in beta mode during flight and 
consequently reduce controllability 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) Actions

    Within 50 flight hours or 10 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 general visual inspection of the upper edge of each 
leaf spring for chamfer, in accordance with the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A8-76-32, dated 
January 27, 2012. Do all applicable rework before further flight, in 
accordance with the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A8-76-32, dated January 27, 2012.
    (2) Install a new friction brake nut, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-76-02, 
Revision `A,' dated January 25, 2012.

(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-2012-08, dated 
January 30, 2012; Bombardier Alert Service Bulletin A8-76-32, dated 
January 27, 2012; and Bombardier Service Bulletin 8-76-02, Revision 
`A,' dated January 25, 2012; 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 Alert Service Bulletin A8-76-32, dated January 
27, 2012.
    (ii) Bombardier Service Bulletin 8-76-02, Revision ``A,'' dated 
January 25, 2012.
    (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 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 March 2, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6439 Filed 3-19-12; 8:45 am]
BILLING CODE 4910-13-P