[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24351-24353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0036; Directorate Identifier 2011-NM-142-AD; 
Amendment 39-17028; AD 2012-08-11]
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 adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by test reports that showed that failure of a retract port flexible 
hose of a main landing gear (MLG) retraction actuator could cause 
excessive hydraulic fluid leakage. This AD requires a detailed 
inspection for defects and damage of the retract port flexible hose on 
the left and right MLG retraction actuator and replacement of the 
flexible hose if needed. We are issuing this AD to detect and correct 
defects and damage of the retract port flexible hose which could lead 
to an undamped extension of the MLG and could result in MLG structural 
failure, leading to an unsafe asymmetric landing configuration.

DATES: This AD becomes effective May 29, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 29, 
2012.

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 20590.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York

[[Page 24352]]

Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7318; 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 January 23, 2012 (77 
FR 3189). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Testing has shown that in the event of a main landing gear (MLG) 
retraction actuator retract port flexible hose failure, in-flight 
vibrations may cause excessive hydraulic fluid leakage. This could 
potentially lead to an undamped extension of the MLG, which may 
result in MLG structural failure, leading to an unsafe asymmetric 
landing configuration.
    This [Transport Canada Civil Aviation (TCCA)] directive mandates 
the [detailed] inspection of the retract port flexible hose [for 
defects and damage] and its replacement [installing a new retract 
port flexible hose], when required, to prevent damage to the MLG 
caused by undamped gear extensions.

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 (77 FR 3189, January 23, 
2012), 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.

Costs of Compliance

    We estimate that this AD will affect 81 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 $6,885 or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 4 work-hours and require parts costing $0, for a cost of 
$340 per product. We have no way of determining the number of products 
that may need these actions.

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 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.

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 (77 FR 3189, January 23, 
2012), 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:

2012-08-11 Bombardier, Inc.: Amendment 39-17028. Docket No. FAA-
2012-0036; Directorate Identifier 2011-NM-142-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 29, 
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 4001 and 
subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by test reports that showed that failure of 
a retract port flexible hose of a main landing gear (MLG) retraction 
actuator could cause excessive hydraulic fluid leakage. We are 
issuing this AD to detect and correct defects and damage of the 
retract port flexible hose which could lead to an undamped extension 
of the MLG and could result in MLG structural failure, leading to an 
unsafe asymmetric landing configuration.

(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 600 flight hours after the effective date of this AD, do 
a detailed inspection for defects and damage of the retract port 
flexible hose of the left and right MLG retraction actuators, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-89, dated March 22, 2011. Repeat the 
inspection thereafter at intervals not to exceed 600 flight hours. 
If any defect or damage is found, before further flight, replace the 
retract port flexible hose with a new or serviceable retract port 
flexible hose in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-32-89, dated March 22, 2011.

[[Page 24353]]

(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-2011-14, dated 
June 17, 2011; and Bombardier Service Bulletin 84-32-89, dated March 
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 84-32-89, dated March 22, 2011.
    (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 April 11, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9472 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P