Airworthiness Directives; Bombardier Model DHC-8-301, -311, and -315 Airplanes, 16023-16025 [06-2960]
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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–07–03 Airbus: Amendment 39–14530.
Docket No. FAA–2005–22456;
Directorate Identifier 2005–NM–128–AD.
Effective Date
(a) This AD becomes effective May 4, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A321–
111, –112, and –131 airplanes; and Model
A321–211 and –231 airplanes; certificated in
any category; including airplanes modified in
production by Airbus Modification 24982,
but excluding airplanes modified in
production by Airbus Modification 30046.
Unsafe Condition
(d) This AD results from testing on the
side-stay crashworthiness pins on the main
landing gear (MLG), which revealed that, in
the case of an emergency landing, the
crashworthiness pins installed will not
ensure a correct MLG collapse. We are
issuing this AD to prevent a punctured fuel
tank, which could cause damage to the
airplane or injury to passengers.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
cprice-sewell on PROD1PC66 with RULES
Pin Replacement
(f) Within 27 months after the effective
date of this AD, replace any crashworthiness
pin having part number 201525620 with part
number 201525621, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A320–32–1229, dated
August 9, 2001.
Note 1: Airbus Service Bulletin A320–32–
1229 refers to Messier-Dowty Service
Bulletin 201–32–26, dated July 20, 2001, as
an additional source of service information
for replacing the crashworthiness pins.
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
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15:18 Mar 29, 2006
Jkt 208001
Related Information
(h) French airworthiness directive 2002–
074(B) R1, dated March 20, 2002, also
addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use Airbus Service Bulletin
A320–32–1229, dated August 9, 2001, to
perform the actions that are required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the
incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France, for a copy of this service information.
You may review copies at the Docket
Management Facility, U.S. Department of
Transportation, 400 Seventh Street SW.,
room PL–401, Nassif Building, Washington,
DC; on the Internet at https://dms.dot.gov; or
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at the NARA,
call (202) 741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on March
17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–2959 Filed 3–29–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20628; Directorate
Identifier 2004–NM–51–AD; Amendment 39–
14529; AD 2006–07–02]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model DHC–8–301, –311, and –315
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier Model DHC–8–301, –311,
and –315 airplanes. This AD requires
replacing the pressure control valve of
the Type 1 emergency door. This AD
results from reports that the pressure
SUMMARY:
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Fmt 4700
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16023
control valve of the Type 1 emergency
door is susceptible to freezing. We are
issuing this AD to ensure that the
pressure control valve does not freeze
and prevent the door seal from
deflating, which could result in the
inability to open the door in an
emergency.
This AD becomes effective May
4, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of May 4, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, room PL–401,
Washington, DC.
Contact Bombardier, Inc., Bombardier
Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K
1Y5, Canada, for service information
identified in this AD.
FOR FURTHER INFORMATION CONTACT: Ezra
Sasson, Aerospace Engineer, Systems
and Flight Test Branch, ANE–172, FAA,
New York Aircraft Certification Office,
1600 Stewart Avenue, suite 410,
Westbury, New York 11590; telephone
(516) 228–7320; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
DATES:
Examining the Docket
You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain Bombardier Model
DHC–8–301, –311, and –315 airplanes.
That NPRM was published in the
Federal Register on March 17, 2005 (70
FR 12981). That NPRM proposed to
require replacing the pressure control
valve of the Type 1 emergency door.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments from the
single commenter that have been
received on the NPRM.
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16024
Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
Request To Reference Parts
Manufacturer Approval (PMA) Parts
The commenter, Modification and
Replacement Parts Association
(MARPA), requests that the language in
the NPRM be changed to permit
installation of PMA equivalent parts.
We infer that MARPA would like the
AD to permit installation of any
equivalent PMA parts so that it is not
necessary for an operator to request
approval of an alternative method of
compliance (AMOC) in order to install
an ‘‘equivalent’’ PMA part. Whether an
alternative part is ‘‘equivalent’’ in
adequately resolving the unsafe
condition can only be determined on a
case-by-case basis based on a complete
understanding of the unsafe condition.
We are not currently aware of any such
parts. Our policy is that, in order for
operators to replace a part with one that
is not specified in the AD, they must
request an AMOC. This is necessary so
that we can make a specific
determination that an alternative part is
or is not susceptible to the same unsafe
condition.
The AD provides a means of
compliance for operators to ensure that
the identified unsafe condition is
addressed appropriately. For an unsafe
condition attributable to a part, the AD
normally identifies the replacement
parts necessary to obtain that
compliance. As stated in section 39.7 of
the Federal Aviation Regulations (14
CFR 39.7), ‘‘Anyone who operates a
product that does not meet the
requirements of an applicable
airworthiness directive is in violation of
this section.’’ Unless an operator obtains
approval for an AMOC, replacing a part
with one not specified by the AD would
make the operator subject to an
enforcement action and result in a civil
penalty. No change to the final rule is
necessary in this regard.
cprice-sewell on PROD1PC66 with RULES
Request To Address Defective PMA
Parts
MARPA also requests that the NPRM
be changed to identify affected defective
parts by manufacturer name and part
number, as well as by Bombardier part
number, so that defective PMA parts are
also subject to the proposed AD.
MARPA notes that ‘‘it is possible that
alternative parts approved under
Canadian MOT PDA provisions or FAA
PMA (14 CFR 21.303(a)) provisions may
exist.’’ MARPA states that PMA
manufacturers are encouraged to
identify PMA parts by alternative
designations different from the original
equipment manufacturer (OEM) parts
for which they are approved
replacements. Therefore, MARPA
VerDate Aug<31>2005
15:18 Mar 29, 2006
Jkt 208001
asserts that a regulatory loophole is
created if a ‘‘defective’’ PMA part is
installed, because only the OEM part
will be identified in the manufacturer
service information.
We concur with the MARPA’s general
request that, if we know that an unsafe
condition also exists in PMA parts, the
AD should address those parts, as well
as the original parts. However, as we
stated previously, we are not aware of
any such parts relating to this AD.
MARPA’s remarks are timely in that the
Transport Airplane Directorate currently
is in the process of reviewing this issue
as it applies to transport category
airplanes. We acknowledge that there
may be other ways of addressing this
issue to ensure that unsafe PMA parts
are identified and addressed. Once we
have thoroughly examined all aspects of
this issue, including input from
industry, and have made a final
determination, we will consider
whether our policy regarding addressing
PMA parts in ADs needs to be revised.
We consider that to delay this AD action
would be inappropriate, since we have
determined that an unsafe condition
exists and that replacement of certain
parts must be accomplished to ensure
continued safety. Therefore, no change
has been made to the final rule in this
regard.
Addition of New Service Information
Since we issued the NPRM, we have
received Revision A of Bombardier
Service Bulletin 8–52–60, dated April
28, 2003. This service bulletin was
issued to update Material—Price and
Availability information and to inform
operators that Bombardier Drawing
8Z4036, listed as a reference, was
revised to show a new orientation of one
bracket and clamp on View C–C. We
have revised paragraph (f) of the final
rule to reference Revision A of the
service bulletin, added a new paragraph
(g) to give operators credit for
accomplishing the required actions
before the effective date of the AD, and
re-identified subsequent paragraphs
accordingly.
Clarification of AMOC Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the changes described
previously. We have determined that
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Fmt 4700
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these changes will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD will affect about 13 airplanes
of U.S. registry. The required actions
will take about 6 work hours per
airplane, at an average labor rate of $65
per work hour. Required parts will cost
about $700 per airplane. Based on these
figures, the estimated cost of the AD for
U.S. operators is $14,170, or $1,090 per
airplane.
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 have 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
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) 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.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
E:\FR\FM\30MRR1.SGM
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Federal Register / Vol. 71, No. 61 / Thursday, March 30, 2006 / Rules and Regulations
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Service Bulletin 8–52–60, dated August 28,
2002.
ACTION:
16025
Final rule.
DEPARTMENT OF TRANSPORTATION
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Airbus Model A319–131, –132, and
–133; A320–232 and –233; and A321–
131, –231, and –232 airplanes. This AD
requires inspecting for cracks or failure
of the primary load path components of
the engine forward mount, and
corrective action if necessary. This AD
also requires removing, re-installing,
and re-torquing the attachment bolts for
the secondary load path. This AD
results from a report that, during
modification of certain engine forward
mount assemblies of the left and right
engines done at an engine shop visit, an
incorrect torque was applied to the
attachment bolts. We are issuing this AD
to prevent structural failure of the
secondary load path of the forward
engine mount, which, if combined with
failure of the primary load path, could
result in separation of the engine from
the airplane.
DATES: This AD becomes effective May
4, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of May 4, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France,
for service information identified in this
AD.
FOR FURTHER INFORMATION CONTACT: Tim
Dulin, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98055–4056; telephone
(425) 227–2141; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Replace Pressure Control Valve
(f) Within 30 months after the effective
date of this AD, replace the pressure control
valve of the Type 1 emergency door by
incorporating ModSum 8Q101159 in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
8–52–60, Revision A, dated April 28, 2003.
Federal Aviation Administration
Examining the Docket
Replacement According to Previous Issue of
Service Bulletin
(g) Replacing the pressure control valve of
the Type 1 emergency door is also acceptable
for compliance with the requirements of
paragraph (f) of this AD if done before the
effective date of this AD in accordance the
Accomplishment Instructions of Bombardier
Airworthiness Directives; Airbus Model
A319–131, –132, and –133; A320–232
and –233; and A321–131, –231, and
–232 Airplanes
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–07–02 Bombardier, Inc. (Formerly de
Havilland, Inc.): Amendment 39–14529.
Docket No. FAA–2005–20628;
Directorate Identifier 2004–NM–51–AD.
Effective Date
(a) This AD becomes effective May 4, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model
DHC–8–301, –311, and –315 airplanes,
certificated in any category, serial numbers
100 through 593 inclusive.
Unsafe Condition
(d) This AD results from reports that the
pressure control valve of the Type 1
emergency door is susceptible to freezing. We
are issuing this AD to ensure that the
pressure control valve does not freeze and
prevent the door seal from deflating, which
could result in the inability to open the door
in an emergency.
cprice-sewell on PROD1PC66 with RULES
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
VerDate Aug<31>2005
15:18 Mar 29, 2006
Jkt 208001
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, New York Aircraft
Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested in
accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Related Information
(i) Canadian airworthiness directive CF–
2003–04, dated February 3, 2003, also
addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use Bombardier Service
Bulletin 8–52–60, Revision A, dated April 28,
2003, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Bombardier, Inc., Bombardier
Regional Aircraft Division, 123 Garratt
Boulevard, Downsview, Ontario M3K 1Y5,
Canada, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
Street, SW., room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at the NARA, call (202) 741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on March
17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–2960 Filed 3–29–06; 8:45 am]
BILLING CODE 4910–13–U
14 CFR Part 39
[Docket No. FAA–2005–23142; Directorate
Identifier 2005–NM–154–AD; Amendment
39–14532; AD 2006–07–05]
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
PO 00000
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You may examine the airworthiness
directive (AD) docket on the Internet at
https://dms.dot.gov or in person at the
Docket Management Facility office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the street address stated in the
ADDRESSES section.
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
E:\FR\FM\30MRR1.SGM
30MRR1
]]>Agencies
[Federal Register Volume 71, Number 61 (Thursday, March 30, 2006)]
[Rules and Regulations]
[Pages 16023-16025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2960]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20628; Directorate Identifier 2004-NM-51-AD;
Amendment 39-14529; AD 2006-07-02]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-301, -311, and -
315 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Bombardier Model DHC-8-301, -311, and -315 airplanes. This AD
requires replacing the pressure control valve of the Type 1 emergency
door. This AD results from reports that the pressure control valve of
the Type 1 emergency door is susceptible to freezing. We are issuing
this AD to ensure that the pressure control valve does not freeze and
prevent the door seal from deflating, which could result in the
inability to open the door in an emergency.
DATES: This AD becomes effective May 4, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of May 4, 2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
room PL-401, Washington, DC.
Contact Bombardier, Inc., Bombardier Regional Aircraft Division,
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer,
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New
York 11590; telephone (516) 228-7320; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (AD) docket on the
Internet at https://dms.dot.gov or in person at the Docket Management
Facility office between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Management Facility office
(telephone (800) 647-5227) is located on the plaza level of the Nassif
Building at the street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain Bombardier
Model DHC-8-301, -311, and -315 airplanes. That NPRM was published in
the Federal Register on March 17, 2005 (70 FR 12981). That NPRM
proposed to require replacing the pressure control valve of the Type 1
emergency door.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments from the single
commenter that have been received on the NPRM.
[[Page 16024]]
Request To Reference Parts Manufacturer Approval (PMA) Parts
The commenter, Modification and Replacement Parts Association
(MARPA), requests that the language in the NPRM be changed to permit
installation of PMA equivalent parts.
We infer that MARPA would like the AD to permit installation of any
equivalent PMA parts so that it is not necessary for an operator to
request approval of an alternative method of compliance (AMOC) in order
to install an ``equivalent'' PMA part. Whether an alternative part is
``equivalent'' in adequately resolving the unsafe condition can only be
determined on a case-by-case basis based on a complete understanding of
the unsafe condition. We are not currently aware of any such parts. Our
policy is that, in order for operators to replace a part with one that
is not specified in the AD, they must request an AMOC. This is
necessary so that we can make a specific determination that an
alternative part is or is not susceptible to the same unsafe condition.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7),
``Anyone who operates a product that does not meet the requirements of
an applicable airworthiness directive is in violation of this
section.'' Unless an operator obtains approval for an AMOC, replacing a
part with one not specified by the AD would make the operator subject
to an enforcement action and result in a civil penalty. No change to
the final rule is necessary in this regard.
Request To Address Defective PMA Parts
MARPA also requests that the NPRM be changed to identify affected
defective parts by manufacturer name and part number, as well as by
Bombardier part number, so that defective PMA parts are also subject to
the proposed AD. MARPA notes that ``it is possible that alternative
parts approved under Canadian MOT PDA provisions or FAA PMA (14 CFR
21.303(a)) provisions may exist.'' MARPA states that PMA manufacturers
are encouraged to identify PMA parts by alternative designations
different from the original equipment manufacturer (OEM) parts for
which they are approved replacements. Therefore, MARPA asserts that a
regulatory loophole is created if a ``defective'' PMA part is
installed, because only the OEM part will be identified in the
manufacturer service information.
We concur with the MARPA's general request that, if we know that an
unsafe condition also exists in PMA parts, the AD should address those
parts, as well as the original parts. However, as we stated previously,
we are not aware of any such parts relating to this AD. MARPA's remarks
are timely in that the Transport Airplane Directorate currently is in
the process of reviewing this issue as it applies to transport category
airplanes. We acknowledge that there may be other ways of addressing
this issue to ensure that unsafe PMA parts are identified and
addressed. Once we have thoroughly examined all aspects of this issue,
including input from industry, and have made a final determination, we
will consider whether our policy regarding addressing PMA parts in ADs
needs to be revised. We consider that to delay this AD action would be
inappropriate, since we have determined that an unsafe condition exists
and that replacement of certain parts must be accomplished to ensure
continued safety. Therefore, no change has been made to the final rule
in this regard.
Addition of New Service Information
Since we issued the NPRM, we have received Revision A of Bombardier
Service Bulletin 8-52-60, dated April 28, 2003. This service bulletin
was issued to update Material--Price and Availability information and
to inform operators that Bombardier Drawing 8Z4036, listed as a
reference, was revised to show a new orientation of one bracket and
clamp on View C-C. We have revised paragraph (f) of the final rule to
reference Revision A of the service bulletin, added a new paragraph (g)
to give operators credit for accomplishing the required actions before
the effective date of the AD, and re-identified subsequent paragraphs
accordingly.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 13 airplanes of U.S. registry. The
required actions will take about 6 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts will cost about
$700 per airplane. Based on these figures, the estimated cost of the AD
for U.S. operators is $14,170, or $1,090 per airplane.
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 have 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) 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. See the ADDRESSES
section for a location to examine the regulatory evaluation.
[[Page 16025]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-07-02 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-14529. Docket No. FAA-2005-20628; Directorate Identifier 2004-NM-
51-AD.
Effective Date
(a) This AD becomes effective May 4, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model DHC-8-301, -311, and -
315 airplanes, certificated in any category, serial numbers 100
through 593 inclusive.
Unsafe Condition
(d) This AD results from reports that the pressure control valve
of the Type 1 emergency door is susceptible to freezing. We are
issuing this AD to ensure that the pressure control valve does not
freeze and prevent the door seal from deflating, which could result
in the inability to open the door in an emergency.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replace Pressure Control Valve
(f) Within 30 months after the effective date of this AD,
replace the pressure control valve of the Type 1 emergency door by
incorporating ModSum 8Q101159 in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 8-52-60, Revision A,
dated April 28, 2003.
Replacement According to Previous Issue of Service Bulletin
(g) Replacing the pressure control valve of the Type 1 emergency
door is also acceptable for compliance with the requirements of
paragraph (f) of this AD if done before the effective date of this
AD in accordance the Accomplishment Instructions of Bombardier
Service Bulletin 8-52-60, dated August 28, 2002.
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, New York Aircraft Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(i) Canadian airworthiness directive CF-2003-04, dated February
3, 2003, also addresses the subject of this AD.
Material Incorporated by Reference
(j) You must use Bombardier Service Bulletin 8-52-60, Revision
A, dated April 28, 2003, to perform the actions that are required by
this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 123
Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of
this service information. You may review copies at the Docket
Management Facility, U.S. Department of Transportation, 400 Seventh
Street, SW., room PL-401, Nassif Building, Washington, DC; on the
Internet at https://dms.dot.gov; or at the National Archives and
Records Administration (NARA). For information on the availability
of this material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on March 17, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-2960 Filed 3-29-06; 8:45 am]
BILLING CODE 4910-13-U
