AD 2012-16-10

[Federal Register Volume 77, Number 157 (Tuesday, August 14, 2012)]
[Rules and Regulations]
[Pages 48419-48420]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-19410]



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Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / 
Rules and Regulations

[[Page 48419]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1418; Directorate Identifier 2011-NM-187-AD; 
Amendment 39-17157; AD 2012-16-10]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by chafing on high pressure fuel lines due to improper installation of 
an expandable pin on the lower cowl assembly. This AD requires 
installing spring clips and repositioning the lanyard attachment points 
at the forward end and the forward firefloor of the lower cowl. We are 
issuing this AD to prevent chafing of the high pressure fuel lines, 
which if not corrected, could cause fuel leakage in a fire zone.

DATES: This AD becomes effective September 18, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
18, 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 20590.

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

    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 19, 2012 (77 
FR 2658). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During routine maintenance, an operator discovered evidence of 
chafing on a high pressure (HP) fuel line. The source of chafing was 
related to the improper installation of an expandable pin on the 
lower cowl assembly, which caused the lanyard to foul against the HP 
fuel line. This condition, if not corrected, may cause fuel leakage 
in a fire zone.
    Bombardier has issued Service Bulletin (SB) 84-71-13 to 
introduce spring clips to positively retain and control the 
lanyards, regardless of the installation orientation of the 
expandable pin to rectify this problem.

    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 comments received.

Request To Use Lanyard

    Horizon Air requested the use of parts manufacturer approval (PMA) 
lanyard having part having number (P/N) QXD671217-001 in lieu of 
Bombardier Service Bulletin 84-71-13, dated May 19, 2011, or use of the 
PMA part when accomplishing Bombardier Service Bulletin 84-71-13, dated 
May 19, 2011, since the NPRM (77 FR 2658, January 19, 2012) affects the 
clipping of the lanyard only but not the lanyard itself.
    We disagree because the PMA part would have to be evaluated for 
this modification and the commenter did not submit justifiable data. 
Therefore, we cannot add this PMA part as an alternative within the 
final rule. We recommend that the operator request approval of an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (h)(1) of this AD in order to have 
the PMA part evaluated to the Bombardier part currently referenced by 
Bombardier Service Bulletin 84-71-13, dated May 19, 2011. We have not 
changed the final rule in regard to this issue.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed except for minor editorial changes. We have determined 
that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 2658, January 19, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 2658, January 19, 2012).

Costs of Compliance

    We estimate that this AD will affect 83 products of U.S. registry. 
We also estimate that it will take about 3 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 $19 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 $22,742, or $274 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

[[Page 48420]]

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 <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 (77 FR 2658, January 19, 
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:

2012-16-10 Bombardier, Inc.: Amendment 39-17157. Docket No. FAA-
2011-1418; Directorate Identifier 2011-NM-187-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
18, 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, 
4003 through 4354 inclusive; and 4356 through 4363 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 71: Power Plant.

(e) Reason

    This AD was prompted by chafing on high pressure fuel lines due 
to improper installation of an expandable pin on the lower cowl 
assembly. We are issuing this AD to prevent chafing of the high 
pressure fuel lines, which if not corrected, could cause fuel 
leakage in a fire zone.

(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 or 36 months after the effective date 
of this AD, whichever occurs first, install new or serviceable 
spring clips and re-position the lanyard attachment points, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-71-13, dated May 19, 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-2011-21, dated 
July 12, 2011; and Bombardier Service Bulletin 84-71-13, dated May 
19, 2011; for related information.

(j) Material Incorporated by Reference

    (1) 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.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-71-13, dated May 19, 2011.
    (ii) Reserved.
    (3) 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#8efae6eaa0fffdebfce7ebfdceefebfce1a0ece1e3eceffceae7ebfca0ede1e3"><span class="__cf_email__" data-cfemail="46322e2268373523342f233506272334296824292b242734222f23346825292b">[email&#160;protected]</span></a>; Internet 
<a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (4) 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.
    (5) 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/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19410 Filed 8-13-12; 8:45 am]
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