Airworthiness Directives; Bombardier, Inc. Airplanes, 74665-74667 [2011-30232]
Download as PDF
Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1256; Directorate
Identifier 2011–NM–036–AD; Amendment
39–16874; AD 2011–24–10]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for
Bombardier, Inc. Model DHC–8–201 and
–202 airplanes with FAA Supplemental
Type Certificate (STC) ST00753NY
(Transport Canada Civil Aviation
(TCCA) STC SA97–106) installed. 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:
SUMMARY:
It has been determined that modifications
by DECA Aviation Engineering Limited on
Bombardier Inc. DHC–8 Series * * * 200
aeroplanes with their Cargo Conversion and
Abrasion Protection Systems, Supplemental
Type Certificates (STCs) * * * SA97–106,
provide inadequate fire protection and
decompression venting means. This can lead
to an uncontrolled cargo fire and structural
damage.
emcdonald on DSK5VPTVN1PROD with RULES
*
*
*
*
*
This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
December 16, 2011.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of December 16, 2011.
We must receive comments on this
AD by January 17, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
VerDate Mar<15>2010
17:21 Nov 30, 2011
Jkt 226001
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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 this AD, 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.
FOR FURTHER INFORMATION CONTACT:
Luke Walker, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office (ACO), 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; phone: (516) 228–
7363; fax: (516) 794–5531; email:
Luke.Walker@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2011–02,
dated February 1, 2011 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
It has been determined that modifications
by DECA Aviation Engineering Limited on
Bombardier Inc. DHC–8 Series * * * 200
aeroplanes with their Cargo Conversion and
Abrasion Protection Systems, Supplemental
Type Certificates (STCs) * * * SA97–106,
provide inadequate fire protection and
decompression venting means. This can lead
to an uncontrolled cargo fire and structural
damage.
This [TCCA] directive mandates the
removal of these Cargo Conversion and
Abrasion Protection Systems.
You may obtain further information
by examining the MCAI in the AD
docket.
Relevant Service Information
DECA Aviation Engineering Limited
has issued Engineer Order EI4394,
Revision 2, dated February 5, 2011. The
actions described in this service
information are intended to correct the
unsafe condition identified in the
MCAI.
FAA’s Determination and Requirements
of This AD
This product has been approved by
the aviation authority of another
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
74665
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are issuing this
AD because we evaluated all pertinent
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
There are no products of this type
currently registered in the United States.
However, this rule is necessary to
ensure that the described unsafe
condition is addressed if any of these
products are placed on the U.S. Register
in the future.
Differences Between the 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 FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
FAA’s Determination of the Effective
Date
Since there are currently no domestic
operators of this product, notice and
opportunity for public comment before
issuing this AD are unnecessary.
Comments Invited
This AD is a final rule that involves
requirements affecting flight safety, and
we did not precede it by notice and
opportunity for public comment. We
invite you to send any written relevant
data, views, or arguments about this AD.
Send your comments to an address
listed under the ADDRESSES section.
Include ‘‘Docket No. FAA–2011–1256;
Directorate Identifier 2011–NM–036–
AD’’ at the beginning of your comments.
We specifically invite comments on the
overall regulatory, economic,
environmental, and energy aspects of
this AD. We will consider all comments
received by the closing date and may
amend this AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
E:\FR\FM\01DER1.SGM
01DER1
74666
Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations
will also post a report summarizing each
substantive verbal contact we receive
about this AD.
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.
emcdonald on DSK5VPTVN1PROD with RULES
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:
VerDate Mar<15>2010
17:21 Nov 30, 2011
Jkt 226001
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:
■
2011–24–10 Bombardier, Inc.: Amendment
39–16874. Docket No. FAA–2011–1256;
Directorate Identifier 2011–NM–036–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective December 16, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc.
Model DHC–8–201, and –202 airplanes;
certificated in any category; serial numbers
003 and subsequent with FAA Supplemental
Type Certificate (STC) ST00753NY
(Transport Canada Civil Aviation (TCCA)
STC SA97–106) installed.
Subject
(d) Air Transport Association (ATA) of
America Code 25: Equipment/Furnishings.
Reason
(e) The mandatory continued airworthiness
information (MCAI) states:
It has been determined that modifications
by DECA Aviation Engineering Limited on
Bombardier Inc. DHC–8 Series * * * 200
aeroplanes with their Cargo Conversion and
Abrasion Protection Systems, Supplemental
Type Certificates (STCs) * * * SA97–106,
provide inadequate fire protection and
decompression venting means. This can lead
to an uncontrolled cargo fire and structural
damage.
*
*
*
*
*
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Cargo Conversion System and Combi
Abrasion Protection System Removal
(g) Within 60 days after the effective date
of this AD: Remove the DECA Aviation
Engineering Limited Combi Abrasion
Protection System configurations previously
installed by using FAA STC ST00753NY
(TCCA STC SA97–106), in accordance with
the removal instructions specified in DECA
Engineering Order EI4394, Revision 2, dated
February 5, 2011.
Parts Installation
(h) As of the effective date of this AD, no
person may install the DECA Aviation
Engineering Limited Combi Abrasion
Protection Systems configurations by using
FAA STC ST00753NY (TCCA STC SA97–
106), on any airplane.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
Credit for Actions Accomplished in
Accordance With Previous Service
Information
(i) Removing the DECA Combi Abrasion
Protection System in accordance with DECA
Engineering Order EI4394, Revision 1, dated
January 13, 2011, before the effective date of
this AD is acceptable for compliance with the
corresponding removal required by
paragraph (g) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: This
FAA AD only applies to Model DHC–8 Series
200 airplanes with Supplemental Type
Certificate (STC) FAA ST00753NY (TCCA
STC SA97–106) installed. The FAA has not
approved any STC equivalent to Model DHC–
8 series 100 TCCA STC SA00–107.
Other FAA AD Provisions
(j) 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.
Related Information
(k) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Transport
Canada Civil Aviation (TCCA), Airworthiness
Directive CF–2011–02, dated February 1,
2011; and DECA Engineering Order EI4394,
Revision 2, dated February 5, 2011; for
related information.
Material Incorporated by Reference
(l) You must use DECA Engineering Order
EI4394, Revision 2, dated February 5, 2011,
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 DECA Aviation Engineering
Limited, 7050 Telford Way Suite 200,
E:\FR\FM\01DER1.SGM
01DER1
Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations
Mississauga, Ontario, Canada L5S 1V7;
telephone (905) 405–1371; fax (905) 405–
1373; email inquiry@deca-aviation.com;
Internet https://www.deca-aviation.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
(425) 227–1221.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at 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
November 10, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–30232 Filed 11–30–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0914; Directorate
Identifier 2010–NM–166–AD; Amendment
39–16876; AD 2011–24–12]
RIN 2120–AA64
Airworthiness Directives; The Boeing
Company Model 737–200, –200C, –300,
–400, and –500 Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
certain Model 737–300, –400, and –500
series airplanes. That AD currently
requires repetitive external nondestructive inspections to detect cracks
in the fuselage skin along the chem-mill
step at stringers S–1 and S–2 right,
between station (STA) 827 and STA
847, and repair if necessary. This new
AD adds inspections for cracking in
additional fuselage crown skin
locations, and repair if necessary. This
new AD also reduces the inspection
thresholds for certain airplanes, extends
emcdonald on DSK5VPTVN1PROD with RULES
SUMMARY:
certain repetitive inspection intervals,
and adds airplanes to the applicability
of the existing AD. This AD was
prompted by reports of additional crack
findings of the fuselage crown skin at
the chem-milled steps. We are issuing
this AD to detect and correct fatigue
cracking of the fuselage skin panels at
the chem-milled steps, which could
result in sudden fracture and failure of
the fuselage skin panels, and
consequent rapid decompression of the
airplane.
DATES: This AD is effective January 5,
2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of January 5, 2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of February 16, 2010 (75 FR
1527, January 12, 2010).
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data
& Services Management, P.O. Box 3707,
MC 2H–65, Seattle, Washington 98124–
2207; telephone (206) 544–5000,
extension 1; fax (206) 766–5680; Email
me.boecom@boeing.com; Internet
https://www.myboeingfleet.com. You
may review copies of the referenced
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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: (800) 647–5527)
is Document Management Facility, 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:
Wayne Lockett, Aerospace Engineer,
74667
Airframe Branch, ANM–120S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: (425)
917–6447; fax: (425) 917–6590; Email:
wayne.lockett@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2010–01–09,
Amendment 39–16167 (75 FR 1527,
January 12, 2010). That AD applies to
the specified products. The NPRM
published in the Federal Register on
September 1, 2011 (76 FR 54399). That
NPRM proposed to continue to require
repetitive external non-destructive
inspections to detect cracks in the
fuselage skin along the chem-mill step
at stringers S–1 and S–2 right, between
station (STA) 827 and STA 847, and
repair if necessary. That NPRM also
proposed to add inspections for
cracking in additional fuselage crown
skin locations, and repair if necessary.
That NPRM also proposed to reduce the
inspection thresholds for certain
airplanes, extend certain repetitive
inspection intervals, and add airplanes
to the applicability of the existing AD.
Comments
We gave the public the opportunity to
participate in developing this AD. We
have considered the comments received.
Boeing and the National Transportation
Safety Board support the NPRM.
Conclusion
We reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting the AD
as proposed.
Interim Action
We consider this proposed AD
interim action. If final action is later
identified, we might consider further
rulemaking then.
Costs of Compliance
We estimate that this AD affects 654
airplanes of U.S. registry.
We estimate the following costs to
comply with this AD:
ESTIMATED COSTS
Average labor
rate per hour
Action
Work hours
Inspection in AD 2010–01–09 (75 FR
1527, January 12, 2010).
2 ..............................
VerDate Mar<15>2010
17:21 Nov 30, 2011
Jkt 226001
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Fmt 4700
$85
Sfmt 4700
Cost per product
Number of
U.S.-registered
airplanes
$170 per inspection
cycle.
E:\FR\FM\01DER1.SGM
135
01DER1
Fleet cost
$22,950 per inspection cycle.
Agencies
[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74665-74667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30232]
[[Page 74665]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-1256; Directorate Identifier 2011-NM-036-AD;
Amendment 39-16874; AD 2011-24-10]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for
Bombardier, Inc. Model DHC-8-201 and -202 airplanes with FAA
Supplemental Type Certificate (STC) ST00753NY (Transport Canada Civil
Aviation (TCCA) STC SA97-106) installed. 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:
It has been determined that modifications by DECA Aviation
Engineering Limited on Bombardier Inc. DHC-8 Series * * * 200
aeroplanes with their Cargo Conversion and Abrasion Protection
Systems, Supplemental Type Certificates (STCs) * * * SA97-106,
provide inadequate fire protection and decompression venting means.
This can lead to an uncontrolled cargo fire and structural damage.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective December 16, 2011.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of December 16,
2011.
We must receive comments on this AD by January 17, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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 this AD, 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.
FOR FURTHER INFORMATION CONTACT: Luke Walker, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; phone: (516) 228-7363; fax: (516) 794-5531; email:
Luke.Walker@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-02, dated February 1, 2011 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
It has been determined that modifications by DECA Aviation
Engineering Limited on Bombardier Inc. DHC-8 Series * * * 200
aeroplanes with their Cargo Conversion and Abrasion Protection
Systems, Supplemental Type Certificates (STCs) * * * SA97-106,
provide inadequate fire protection and decompression venting means.
This can lead to an uncontrolled cargo fire and structural damage.
This [TCCA] directive mandates the removal of these Cargo
Conversion and Abrasion Protection Systems.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
DECA Aviation Engineering Limited has issued Engineer Order EI4394,
Revision 2, dated February 5, 2011. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
There are no products of this type currently registered in the
United States. However, this rule is necessary to ensure that the
described unsafe condition is addressed if any of these products are
placed on the U.S. Register in the future.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a NOTE within the AD.
FAA's Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2011-1256; Directorate
Identifier 2011-NM-036-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
those comments.
We will post all comments we receive, without change, to https://www.regulations.gov, including any personal information you provide. We
[[Page 74666]]
will also post a report summarizing each substantive verbal contact we
receive about this AD.
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.
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:
2011-24-10 Bombardier, Inc.: Amendment 39-16874. Docket No. FAA-
2011-1256; Directorate Identifier 2011-NM-036-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
16, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-201, and -
202 airplanes; certificated in any category; serial numbers 003 and
subsequent with FAA Supplemental Type Certificate (STC) ST00753NY
(Transport Canada Civil Aviation (TCCA) STC SA97-106) installed.
Subject
(d) Air Transport Association (ATA) of America Code 25:
Equipment/Furnishings.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
It has been determined that modifications by DECA Aviation
Engineering Limited on Bombardier Inc. DHC-8 Series * * * 200
aeroplanes with their Cargo Conversion and Abrasion Protection
Systems, Supplemental Type Certificates (STCs) * * * SA97-106,
provide inadequate fire protection and decompression venting means.
This can lead to an uncontrolled cargo fire and structural damage.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Cargo Conversion System and Combi Abrasion Protection System Removal
(g) Within 60 days after the effective date of this AD: Remove
the DECA Aviation Engineering Limited Combi Abrasion Protection
System configurations previously installed by using FAA STC
ST00753NY (TCCA STC SA97-106), in accordance with the removal
instructions specified in DECA Engineering Order EI4394, Revision 2,
dated February 5, 2011.
Parts Installation
(h) As of the effective date of this AD, no person may install
the DECA Aviation Engineering Limited Combi Abrasion Protection
Systems configurations by using FAA STC ST00753NY (TCCA STC SA97-
106), on any airplane.
Credit for Actions Accomplished in Accordance With Previous Service
Information
(i) Removing the DECA Combi Abrasion Protection System in
accordance with DECA Engineering Order EI4394, Revision 1, dated
January 13, 2011, before the effective date of this AD is acceptable
for compliance with the corresponding removal required by paragraph
(g) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows: This FAA AD only applies to Model DHC-8
Series 200 airplanes with Supplemental Type Certificate (STC) FAA
ST00753NY (TCCA STC SA97-106) installed. The FAA has not approved
any STC equivalent to Model DHC-8 series 100 TCCA STC SA00-107.
Other FAA AD Provisions
(j) 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.
Related Information
(k) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Transport Canada Civil Aviation (TCCA), Airworthiness
Directive CF-2011-02, dated February 1, 2011; and DECA Engineering
Order EI4394, Revision 2, dated February 5, 2011; for related
information.
Material Incorporated by Reference
(l) You must use DECA Engineering Order EI4394, Revision 2,
dated February 5, 2011, 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 DECA
Aviation Engineering Limited, 7050 Telford Way Suite 200,
[[Page 74667]]
Mississauga, Ontario, Canada L5S 1V7; telephone (905) 405-1371; fax
(905) 405-1373; email aviation.com">inquiry@deca-aviation.com; Internet https://
www.deca-aviation.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call (425) 227-1221.
(4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at 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 November 10, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30232 Filed 11-30-11; 8:45 am]
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