Airworthiness Directives; Bombardier Model DHC-8-400 Series Airplanes, 63574-63576 [E9-28798]

Download as PDF 63574 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations TABLE 1—MATERIAL INCORPORATED BY REFERENCE Service bulletin Bombardier Bombardier Bombardier Bombardier Service Service Service Service Bulletin Bulletin Bulletin Bulletin Revision 40–25–11 ..................................................................................................... 45–25–21. .................................................................................................... 40–52–07. .................................................................................................... 45–52–16. .................................................................................................... Issued in Renton, Washington, on November 19, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–28550 Filed 12–3–09; 8:45 am] BILLING CODE 4910–13–P 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. ADDRESSES: [Docket No. FAA–2009–0784; Directorate Identifier 2009–NM–109–AD; Amendment 39–16124; AD 2009–25–05] 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. RIN 2120–AA64 SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Airworthiness Directives; Bombardier Model DHC–8–400 Series Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: jlentini on DSKJ8SOYB1PROD with RULES Several operators have reported cases of inadvertent single spoiler deployment during flight on the DHC–8 Series 400 aircraft. Investigation has revealed that the probable cause for this deployment is internal contamination of the Lift/Dump (L/D) valve and moisture ingress into the L/D valve armature. This condition, if not corrected, could cause uncommanded deployment of the spoilers resulting in increased drag and in combination with a loss of aileron, could result in a significant reduction in aircraft roll control. We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 8, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 8, 2010. VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 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 September 4, 2009 (74 FR 45783). That NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Several operators have reported cases of inadvertent single spoiler deployment during flight on the DHC–8 Series 400 aircraft. Investigation has revealed that the probable cause for this deployment is internal contamination of the Lift/Dump (L/D) valve and moisture ingress into the L/D valve armature. This condition, if not corrected, could cause uncommanded deployment of the spoilers resulting in increased drag and in combination with a loss of aileron, could result in a significant reduction in aircraft roll control. Corrective actions include incorporating a modification to add a filter/restrictor fitting to the spoiler lift dump valve, which includes upgrading, testing, and re-identifying the valve after replacing the pressure port inlet fitting. 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 or on the determination of the cost to the public. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Date 1 1 1 1 January 19, 2009. January 19, 2009. July 21, 2008. July 21, 2008. Change to Corrective Action Statement We have added information to the corrective action statement in the preamble and paragraph (e) of the AD for clarity. Change to Alternative Methods of Compliance (AMOC) Paragraph We have updated paragraph (g)(1) of this AD to provide the appropriate contact information to use when submitting requests for approval of an AMOC. Conclusion We reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Differences Between This AD and the MCAI or Service Information We have reviewed the MCAI and related service information and, in general, agree with their substance. But we might have found it necessary to use different words from those in the MCAI to ensure the AD is clear for U.S. operators and is enforceable. In making these changes, we do not intend to differ substantively from the information provided in the MCAI and related service information. We might also have required different actions in this AD from those in the MCAI in order to follow our FAA policies. Any such differences are highlighted in a NOTE within the AD. Costs of Compliance We estimate that this AD will affect about 61 products of U.S. registry. We also estimate that it will take about 6 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $80 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 E:\FR\FM\04DER1.SGM 04DER1 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations figures, we estimate the cost of this AD to the U.S. operators to be $29,280, or $480 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. jlentini on DSKJ8SOYB1PROD with RULES 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 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); 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. 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, 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. VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 63575 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Bombardier Service Bulletin 84–27–43, dated January 29, 2009. FAA AD Differences 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–25–05 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 39–16124. Docket No. FAA–2009–0784; Directorate Identifier 2009–NM–109–AD. Effective Date (a) This airworthiness directive (AD) becomes effective January 8, 2010. Affected ADs (b) None. Applicability (c) This AD applies to Bombardier Model DHC–8–400, DHC–8–401, and DHC–8–402 series airplanes, certificated in any category, serial numbers 4001 through 4237 inclusive. Subject (d) Air Transport Association (ATA) of America Code 27: Flight controls. Reason (e) The mandatory continuing airworthiness information (MCAI) states: ‘‘Several operators have reported cases of inadvertent single spoiler deployment during flight on the DHC–8 Series 400 aircraft. Investigation has revealed that the probable cause for this deployment is internal contamination of the Lift/Dump (L/D) valve and moisture ingress into the L/D valve armature. ‘‘This condition, if not corrected, could cause uncommanded deployment of the spoilers resulting in increased drag and in combination with a loss of aileron, could result in a significant reduction in aircraft roll control.’’ Corrective actions include incorporating a modification to add a filter/restrictor fitting to the spoiler lift dump valve, which includes upgrading, testing, and reidentifying the valve after replacing the pressure port inlet fitting. Actions and Compliance (f) Unless already done, within 5,000 flight hours after the effective date of this AD, incorporate Bombardier Modsum 4–113554 to add a filter/restrictor fitting to the spoiler lift dump valve, in accordance with PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 Note 1: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) 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. Send information 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 on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards 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. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act (44 U.S.C. et seq.), the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. Related Information (h) Refer to MCAI Canadian Airworthiness Directive CF–2009–26, dated May 21, 2009; and Bombardier Service Bulletin 84–27–43, dated January 29, 2009; for related information. Material Incorporated by Reference (i) You must use Bombardier Service Bulletin 84–27–43, dated January 29, 2009, to do the actions required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51. (2) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; e-mail thd.qseries@aero.bombardier.com; 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 or 425–227–1152. (4) You may also review copies of the service information that is incorporated by E:\FR\FM\04DER1.SGM 04DER1 63576 Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Rules and Regulations reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, 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 November 23, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–28798 Filed 12–3–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0055; Directorate Identifier 2008–NM–194–AD; Amendment 39–16125; AD 2009–25–06] RIN 2120–AA64 Airworthiness Directives; Airbus Model A300 B2–1C, A300 B2–203, A300 B2K– 3C, A300 B4–103, A300 B4–203, and A300 B4–2C Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. jlentini on DSKJ8SOYB1PROD with RULES SUMMARY: We are superseding an existing airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: * * * [T]he FAA has published SFAR 88 (Special Federal Aviation Regulation 88). * * * Under this regulation, all holders of type certificates for passenger transport aeroplane * * * are required to conduct a design review against explosion risks. One of the consequences of the Airbus design review is the modification of the fuel pump wiring to provide protection against chafing of the fuel pump cables. This condition, if not corrected, could generate short circuits leading to fuel pump failure and arcing. These could become a potential ignition source inside the fuel tank which, in combination with flammable fuel vapours (if present), could result in a fuel tank explosion and consequent loss of the aeroplane. To address this unsafe condition, EASA [European Aviation Safety Agency] issued AD 2007–0066 that required this modification [of the fuel pump against short circuit] in accordance with Airbus Service Bulletin (SB) A300–24–0103 Revision 01. Airbus subsequently introduced an additional modification of the electrical VerDate Nov<24>2008 17:09 Dec 03, 2009 Jkt 220001 wiring of the outer fuel pump and the landing lights of the left (LH) and the right (RH) side in Revision 02 of the SB A300–24– 0103, leading to the issuance of EASA AD 2008–0188 which superseded EASA AD 2007–0066 and required the additional work. More recently, Airbus introduced some additional protection to routes 1P and 2P harnesses in zone 571 and 671 of the aeroplane. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective January 8, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 8, 2010. 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. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 227–2125; fax (425) 227–1149. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That supplemental NPRM was published in the Federal Register on July 6, 2009 (74 FR 31896), and proposed to supersede AD 2007–18–02, Amendment 39–15182 (72 FR 49175, August 28, 2007). That supplemental NPRM proposed to correct an unsafe condition for the specified products. The MCAI states: Further to the accident of a Boeing 747– 131 (flight TWA800), the FAA has published SFAR 88 (Special Federal Aviation Regulation 88). Subsequently, the Joint Aviation Authorities (JAA) recommended the application of a similar regulation to the National Aviation Authorities (NAA) of its member countries. Under this regulation, all holders of type certificates for passenger transport aeroplane with either a passenger capacity of 30 or more, or a payload capacity of 3,402 kg (7,500 lbs) or more which have received their certification after 01 January 1958, are required to conduct a design review against explosion risks. One of the consequences of the Airbus design review is the modification of the fuel pump wiring to provide protection against chafing of the fuel pump cables. This PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 condition, if not corrected, could generate short circuits leading to fuel pump failure and arcing. These could become a potential ignition source inside the fuel tank which, in combination with flammable fuel vapours (if present), could result in a fuel tank explosion and consequent loss of the aeroplane. To address this unsafe condition, EASA [European Aviation Safety Agency] issued AD 2007–0066 that required this modification in accordance with Airbus Service Bulletin (SB) A300–24–0103 Revision 01. Airbus subsequently introduced an additional modification of the electrical wiring of the outer fuel pump and the landing lights of the left (LH) and the right (RH) side in Revision 02 of the SB A300–24– 0103, leading to the issuance of EASA AD 2008–0188 which superseded EASA AD 2007–0066 and required the additional work. More recently, Airbus introduced some additional protection to routes 1P and 2P harnesses in zone 571 and 671 of the aeroplane. For the reason described above, this new AD retains the requirements of EASA AD 2008–0188, which is superseded, and requires the additional work as specified in Revision 03 of Airbus SB A300–24–0103. The additional modification will provide additional protection from chafing and will prevent intermittent operation of the fuel pump and landing lights, as well as failure of the power supply. The modification of the wiring of the outer fuel pump and the landing light on the LH side route 1P harness and RH side route 2P harness includes additional mechanical protection that includes procedures for installing new splicing on the wires, a new cable type, shrink sleeve installation on the new wiring, and an additional braided conduit sleeve (Halar), as applicable, for the fuel pumps and the landing lights. 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 considered the comment received. Request To Refer to Updated MCAI Airbus requests that we refer to the latest EASA AD 2009–0157, dated July 17, 2009 (which was issued after the FAA supplemental NPRM was published), to require the additional work provided in Airbus Mandatory Service Bulletin A300–24–0103, Revision 03, dated February 18, 2009. The supplemental NPRM referred to Airbus Mandatory Service Bulletin A300–24–0103, Revision 03, dated February 18, 2009, as the appropriate source of service information for the required actions. Airbus further requests that we review the supplemental NPRM in light of the new EASA AD to qualify current requirements depending on the E:\FR\FM\04DER1.SGM 04DER1

Agencies

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63574-63576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28798]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0784; Directorate Identifier 2009-NM-109-AD; 
Amendment 39-16124; AD 2009-25-05]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    Several operators have reported cases of inadvertent single 
spoiler deployment during flight on the DHC-8 Series 400 aircraft. 
Investigation has revealed that the probable cause for this 
deployment is internal contamination of the Lift/Dump (L/D) valve 
and moisture ingress into the L/D valve armature.
    This condition, if not corrected, could cause uncommanded 
deployment of the spoilers resulting in increased drag and in 
combination with a loss of aileron, could result in a significant 
reduction in aircraft roll control.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 8, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 8, 
2010.

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.

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 September 4, 2009 
(74 FR 45783). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    Several operators have reported cases of inadvertent single 
spoiler deployment during flight on the DHC-8 Series 400 aircraft. 
Investigation has revealed that the probable cause for this 
deployment is internal contamination of the Lift/Dump (L/D) valve 
and moisture ingress into the L/D valve armature.
    This condition, if not corrected, could cause uncommanded 
deployment of the spoilers resulting in increased drag and in 
combination with a loss of aileron, could result in a significant 
reduction in aircraft roll control.

    Corrective actions include incorporating a modification to add a 
filter/restrictor fitting to the spoiler lift dump valve, which 
includes upgrading, testing, and re-identifying the valve after 
replacing the pressure port inlet fitting. 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 or on the determination of 
the cost to the public.

Change to Corrective Action Statement

    We have added information to the corrective action statement in the 
preamble and paragraph (e) of the AD for clarity.

Change to Alternative Methods of Compliance (AMOC) Paragraph

    We have updated paragraph (g)(1) of this AD to provide the 
appropriate contact information to use when submitting requests for 
approval of an AMOC.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 61 products of U.S. 
registry. We also estimate that it will take about 6 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 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

[[Page 63575]]

figures, we estimate the cost of this AD to the U.S. operators to be 
$29,280, or $480 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 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); 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.

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, 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

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 FAA amends Sec.  39.13 by adding the following new AD:

2009-25-05 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-16124. Docket No. FAA-2009-0784; Directorate Identifier 2009-NM-
109-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
8, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400, DHC-8-401, 
and DHC-8-402 series airplanes, certificated in any category, serial 
numbers 4001 through 4237 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``Several operators have reported cases of inadvertent single 
spoiler deployment during flight on the DHC-8 Series 400 aircraft. 
Investigation has revealed that the probable cause for this 
deployment is internal contamination of the Lift/Dump (L/D) valve 
and moisture ingress into the L/D valve armature.
    ``This condition, if not corrected, could cause uncommanded 
deployment of the spoilers resulting in increased drag and in 
combination with a loss of aileron, could result in a significant 
reduction in aircraft roll control.''

    Corrective actions include incorporating a modification to add a 
filter/restrictor fitting to the spoiler lift dump valve, which 
includes upgrading, testing, and re-identifying the valve after 
replacing the pressure port inlet fitting.

Actions and Compliance

    (f) Unless already done, within 5,000 flight hours after the 
effective date of this AD, incorporate Bombardier Modsum 4-113554 to 
add a filter/restrictor fitting to the spoiler lift dump valve, in 
accordance with Bombardier Service Bulletin 84-27-43, dated January 
29, 2009.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) 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. Send information 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 on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards 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.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI Canadian Airworthiness Directive CF-2009-26, 
dated May 21, 2009; and Bombardier Service Bulletin 84-27-43, dated 
January 29, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 84-27-43, dated 
January 29, 2009, to do the actions required by this AD, unless the 
AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail thd.qseries@aero.bombardier.com; 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 or 425-227-1152.
    (4) You may also review copies of the service information that 
is incorporated by

[[Page 63576]]

reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, 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 November 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28798 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P