AD 2012-06-05

[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Rules and Regulations]
[Pages 16919-16921]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-6530]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1090; Directorate Identifier 2011-NM-138-AD; 
Amendment 39-16986; AD 2012-06-05]
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 adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by a report of the inability to open the airstair door while on the 
ground, because the airstair door seal did not deflate, which prevented 
the airstair door from opening. This AD requires changing the wiring 
that controls the pneumatic shut-off valve. We are issuing this AD to 
prevent the airstair door seal from not deflating, which could result 
in the airstair door not opening and could impede evacuation in the 
event of an emergency.

DATES: This AD becomes effective April 27, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 27, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: Cesar Gomez, 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) 228-7318; 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 October 19, 2011 (76 
FR 64847). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:


[[Page 16920]]


    One case of the inability to open the airstair door while on 
ground was reported in service. The airstair door seal did not 
deflate, preventing the airstair door from opening. It was found 
that the existing airstair door pneumatic shut-off valve control 
logic prevents the airstair door seal from deflating due to a single 
Input/Output Module failure under certain conditions. The inability 
to open the airstair door could impede evacuation in the event of an 
emergency.
    This [Canadian] directive mandates the wiring changes [ModSum 4-
126513, Seal System Shut Off Valve Control Logic Change] to prevent 
the above-mentioned failure conditions.

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 have considered the comment received.

Support for the Intent of the NPRM (76 FR 64847, October 19, 2011)

    Air Line Pilots Association, International (ALPA), supports the 
intent of the NPRM (76 FR 64847, October 19, 2011).

Recommendation To Reduce Compliance Time

    ALPA recommends that the compliance time proposed in the NPRM (76 
FR 64847, October 19, 2011) be reduced to not exceed 3,000 flight hours 
or 12 months, whichever occurs first, instead of within 6,000 flight 
hours as specified in the NPRM.
    We disagree with the commenter's recommendation to reduce the 
compliance time. We have determined that within 6,000 flight hours 
represents an appropriate interval of time in which the required 
actions can be performed. Transport Canada Civil Aviation (TCCA), in 
issuing their Canadian Airworthiness Directive CF-2011-15, dated June 
20, 2011, has assessed the risk involved with that action, and through 
that assessment derived the compliance time, with which the 
manufacturer, Bombardier, Inc., has concurred. The AD does allow 
operators to comply earlier than the 6,000 flight hours. However, if 
additional data are presented that would justify a shorter compliance 
time, we might consider further rulemaking. We have not changed the AD 
in this regard.

Explanation of Change Made to This AD

    We have revised the wording of paragraph (h) of this AD; this 
change does not change the intent of that paragraph.

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 and minor editorial changes. We 
have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 64847, October 19, 2011) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 64847, October 19, 2011).

Costs of Compliance

    We estimate that this AD will affect about 81 products of U.S. 
registry. We also estimate that it will take about 12 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts will cost about $0 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, we estimate the cost of this AD to the 
U.S. operators to be $82,620, or $1,020 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 64847, October 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:

2012-06-05 Bombardier, Inc.: Amendment 39-16986. Docket No. FAA-
2011-1090; Directorate Identifier 2011-NM-138-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 27, 
2012.

(b) Affected ADs

    None.

[[Page 16921]]

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001 
through 4361 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 52: Doors.

(e) Reason

    This AD was prompted by a report of the inability to open the 
airstair door while on the ground, because the airstair door seal 
did not deflate, which prevented the airstair door from opening. We 
are issuing this AD to prevent the airstair door seal from not 
deflating, which could result in the airstair door not opening and 
could impede evacuation in the event of an emergency.

(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 6,000 flight hours after the effective date of this AD: 
Incorporate ModSum 4-126513, Seal System Shut Off Valve Control 
Logic Change, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-52-69, Revision C, dated June 28, 
2011.

(h) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (g) of this AD, if the actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 84-52-
69, dated January 28, 2011; Revision A, dated April 26, 2011; or 
Revision B, dated May 9, 2011.

(i) 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.

(j) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-15, dated 
June 20, 2011; and Bombardier Service Bulletin 84-52-69, Revision C, 
dated June 28, 2011; for related information.

(k) 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 84-52-69, Revision C, dated June 
28, 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 <a href="/cdn-cgi/l/email-protection#cbbfa3afe5bab8aeb9a2aeb88baaaeb9a4e5a9a4a6a9aab9afa2aeb9e5a8a4a6"><span class="__cf_email__" data-cfemail="36425e5218474553445f534576575344591854595b545744525f53441855595b">[email&#160;protected]</span></a>; Internet 
<a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (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 <a href="http://www.archives.gov/">http://www.archives.gov/</a>federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on March 9, 2012.
Ali Bahrami
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-6530 Filed 3-22-12; 8:45 am]
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