Airworthiness Directives; Bombardier, Inc. Airplanes, 63215-63217 [2012-25109]
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Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
satisfaction of creditors’ claims against
the covered financial company.
(ii) Without limiting the general
language of paragraphs (b)(1) and (2) of
this section, a specified financial
condition clause includes a ‘‘walkaway
clause’’ as defined in 12 U.S.C.
5390(c)(8)(F)(iii) or any regulations
promulgated thereunder.
(3) The term ‘‘support’’ means
undertaking any of the following for the
purpose of supporting the contractual
obligations of a subsidiary or affiliate of
a covered financial company for the
benefit of a counterparty to a linked
contract—
(i) To guarantee, indemnify,
undertake to make any loan or advance
to or on behalf of the subsidiary or
affiliate;
(ii) To undertake to make capital
contributions to the subsidiary or
affiliate; or
(iii) To be contractually obligated to
provide any other financial assistance to
the subsidiary or affiliate.
(4) The term ‘‘related assets and
liabilities’’ means—
(i) Any assets of the covered financial
company that directly serve as collateral
for the covered financial company’s
support (including a perfected security
interest therein or equivalent under
applicable law);
(ii) Any rights of offset or setoff or
netting arrangements that directly arise
out of or directly relate to the covered
financial company’s support of the
obligations or liabilities of its subsidiary
or affiliate; and
(iii) Any liabilities of the covered
financial company that directly arise out
of or directly relate to its support of the
obligations or liabilities of the
subsidiary or affiliate.
(5) A ‘‘qualified transferee’’ means
any bridge financial company or any
third party (other than a third party for
which a conservator, receiver, trustee in
bankruptcy, or other legal custodian has
been appointed, or which is otherwise
the subject of a bankruptcy or
insolvency proceeding).
(6) A ‘‘successor’’ of a bridge financial
company means
(i) A company into which the bridge
financial company is converted by way
of incorporation under the laws of a
State of the United States; or
(ii) The surviving company of a
merger or consolidation of the bridge
financial company with another
company (whether before or after the
conversion (if any) of the bridge
financial company).
(c) Adequate protection. The
Corporation as receiver for a covered
financial company may provide
adequate protection with respect to a
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14:24 Oct 15, 2012
Jkt 229001
covered financial company’s support of
the obligations and liabilities of a
subsidiary or an affiliate pursuant to
paragraph (a)(2)(ii) of this section by any
of the following means:
(1) Making a cash payment or periodic
cash payments to the counterparties of
the contract to the extent that the failure
to cause the assignment and assumption
of the covered financial company’s
support and related assets and liabilities
causes a loss to the counterparties;
(2) Providing to the counterparties a
guaranty, issued by the Corporation as
receiver for the covered financial
company, of the obligations of the
subsidiary or affiliate of the covered
financial company under the contract;
or
(3) Providing relief that will result in
the realization by the counterparty of
the indubitable equivalent of the
covered financial company’s support of
such obligations or liabilities.
(d) Notice of transfer of support or
provision of adequate protection. If the
Corporation as receiver for a covered
financial company transfers any support
and related assets and liabilities of the
covered financial company in
accordance with paragraph (a)(2)(i) of
this section or provides adequate
protection in accordance with paragraph
(a)(2)(ii) of this section, it shall
promptly take steps to notify contract
counterparties of such transfer or
provision of adequate protection. Notice
shall be given in a manner reasonably
calculated to provide notification in a
timely manner, including, but not
limited to, notice posted on the Web site
of the Corporation, the covered financial
company or the subsidiary or affiliate,
notice via electronic media, or notice by
publication. Neither the failure to
provide actual notice to any party nor
the lack of actual knowledge on the part
of any party shall affect the authority of
the Corporation to enforce any contract
or exercise any rights or powers under
this section.
Dated at Washington, DC, this 9th day of
October, 2012.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2012–25315 Filed 10–15–12; 8:45 am]
BILLING CODE P
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63215
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0724; Directorate
Identifier 2012–NM–043–AD; Amendment
39–17215; AD 2012–20–09]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding an
existing airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC–8–
400 series airplanes. That AD currently
requires a modification to trim the edge
of the bumper plate, including
performing an inspection for damage or
cracks of the bumper plate and base
fitting, and replacing any damaged or
cracked part. That AD also currently
requires, for certain airplanes,
reidentifying the bumper plate. This
new AD requires, for airplanes on which
the reidentification is done, an
operational check of the alternate
extension system of the main landing
gear (MLG), and repair if necessary. This
AD was prompted by the determination
that an operational check must be done
after reidentifying the bumper plate to
ensure the identified unsafe condition is
addressed. We are issuing this AD to
detect and correct failure of the MLG to
extend and lock, which could adversely
affect the safe landing of the airplane.
DATES: This AD becomes effective
November 20, 2012.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of September 19, 2011 (76 FR 50403,
August 15, 2011).
ADDRESSES: You may examine the AD
docket on the Internet at https://
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 (ACO), 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228–
7318; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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63216
Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
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 July 25, 2012 (77 FR 43545),
and proposed to supersede AD 2011–
17–04, Amendment 39–16768 (76 FR
50403, August 15, 2011). That NPRM
proposed to correct an unsafe condition
for the specified products. The
Mandatory Continuing Airworthiness
Information (MCAI) states:
One in-service incident has been reported
on [a] DHC–8 Series 400 aeroplane in which
the right hand main landing gear (MLG)
failed to extend using the alternate gear
extension system. Investigation determined
that the tread on the outboard tire was
catching on the bumper plate located on the
outboard MLG door that prevented the MLG
door to open following an extension attempt
via the alternate extension system. Failure of
[the] MLG to extend and lock could adversely
affect the safe landing of the aeroplane.
To prevent the potential jam condition
between the bumper plate and the MLG tires,
Bombardier Aerospace has developed a
modification to trim the edge of the bumper
plate to eliminate the possibility of
interference [Bombardier Modsum 4–
113645].
The Modsum includes performing a
detailed visual inspection for damage or
cracks of the bumper plate and base
fitting, and replacing any damaged or
cracked part with a new part, if
necessary. 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 (77
FR 43545, July 25, 2012) or on the
determination of the cost to the public.
pmangrum on DSK3VPTVN1PROD with RULES
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Costs of Compliance
Based on the service information, we
estimate that this AD affects about 65
products of U.S. registry.
The actions that are required by AD
2011–17–04, Amendment 39–16768 (76
FR 50403, August 15, 2011), and
retained in this AD take about 8 workhours per product, at an average labor
rate of $85 per work hour. Required
parts would cost about $479 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
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these costs. As we do not control
warranty coverage for affected parties,
some parties may incur costs higher
than estimated here. Based on these
figures, the cost of the currently
required actions is $1,159 per product.
We estimate that it takes about 1
work-hour per product to comply with
the new basic requirements of this AD.
The average labor rate is $85 per workhour. Based on these figures, we
estimate the cost of the AD on U.S.
operators to be $5,525, or $85 per
product.
We have received no definitive data
that would enable us to provide a cost
estimate for the on-condition actions
specified in 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 that this AD:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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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 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 the NPRM (77 FR 43545, July
25, 2012), the regulatory evaluation, any
comments received, and other
information. The street address for the
Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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
removing airworthiness directive (AD)
2011–17–04, Amendment 39–16768 (76
FR 50403, August 15, 2011), and adding
the following new AD:
■
2012–20–09 Bombardier: Amendment 39–
17215. Docket No. FAA–2012–0724;
Directorate Identifier 2012–NM–043–AD.
(a) Effective Date
This airworthiness directive (AD) becomes
effective November 20, 2012.
(b) Affected ADs
This AD supersedes AD 2011–17–04,
Amendment 39–16768 (76 FR 50403, August
15, 2011).
(c) Applicability
This AD applies to Bombardier, Inc. Model
DHC–8–400, –401, and –402 airplanes,
certificated in any category, having serial
numbers 4001 through 4247 inclusive.
(d) Subject
(d) Air Transport Association (ATA) of
America Code 32: Landing Gear.
(e) Reason
This AD was prompted by the
determination that an operational check must
be done after reidentifying the bumper plate
to ensure the identified unsafe condition is
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Federal Register / Vol. 77, No. 200 / Tuesday, October 16, 2012 / Rules and Regulations
addressed. We are issuing this AD to detect
and correct failure of the main landing gear
(MLG) to extend and lock, which could
adversely affect the safe landing of the
airplane.
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
compliance times specified, unless the
actions have already been done.
(g) Retained Actions for All Airplanes
Within 2,000 flight hours after September
19, 2011 (the effective date of AD 2011–17–
04, Amendment 39–16768 (76 FR 50403,
August 15, 2011)): Incorporate Bombardier
Modsum 4–113645, including performing a
detailed visual inspection for damage or
cracks of the bumper plate and base fitting
and replacing any damaged or cracked part,
in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–32–74, Revision A, dated May 17, 2010.
Do all applicable replacements before further
flight.
Note 1 to paragraphs (g) and (h) of this
AD: Bombardier Service Bulletin 84–32–74,
Revision A, dated May 17, 2010, includes an
operational check of the alternate extension
system of the MLG. If the operational check
fails, guidance on doing corrective actions
can be found in the Bombardier Q400 Dash
8 Aircraft Maintenance Manual.
(h) Retained Actions for Airplanes Having
Certain Bumper Plates
For airplanes on which a bumper plate
having part number 85424082–101 or
85424082–103 is installed on which the
rework specified in Bombardier Repair
Drawing 8/4–54–553 has been done: Within
1,000 flight hours after September 19, 2011
(the effective date of AD 2011–17–04,
Amendment 39–16768 (76 FR 50403, August
15, 2011)), reidentify the bumper plate, in
accordance with paragraph 3.B., step (8) of
the Accomplishment Instructions of
Bombardier Service Bulletin 84–32–74,
Revision A, dated May 17, 2010.
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(i) Retained Credit for Previous Actions
This paragraph provides credit for the
modification required by paragraph (h) of
this AD by incorporation of Bombardier
Modsum 4–113645 if the modification was
performed before September 19, 2011 (the
effective date of AD 2011–17–04,
Amendment 39–16768 (76 FR 50403, August
15, 2011)), using Bombardier Service Bulletin
84–32–74, dated December 23, 2009 (which
is not incorporated by reference in this AD);
and provided the modification is done within
the compliance time specified in paragraph
(h) of this AD.
(j) New Requirements of This AD:
Operational Check for Airplanes on Which
the Action Required by Paragraph (h) of This
AD Is Done
Concurrently with doing the actions
required by paragraph (h) of this AD, or
within 30 days after the effective date of this
AD, whichever occurs later: Perform an
operational check of the alternate extension
system of the MLG, in accordance with the
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Jkt 229001
Accomplishment Instructions of Bombardier
Service Bulletin 84–32–74, Revision A, dated
May 17, 2010. If the operational check fails,
before further flight, repair in accordance
with a method approved by either the
Manager, New York Aircraft Certification
Office (ACO), FAA; or the Transport Canada
Civil Aviation (TCCA) (or its delegated
agent).
Note 2 to paragraph (j) of this AD: If the
operational check fails, guidance on doing
the repair can be found in the Bombardier
Q400 Dash 8 Aircraft Maintenance Manual.
(k) New Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD, provided the operational
check specified in paragraph (j) of this AD is
done within the compliance time specified in
paragraph (g) of this AD, or within 30 days
after the effective date of this AD, whichever
occurs later, using Bombardier Service
Bulletin 84–32–74, dated December 23, 2009
(which is not incorporated by reference in
this AD).
(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York 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 New York 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.
(m) Related Information
(1) Refer to MCAI Canadian Airworthiness
Directive CF–2010–23, dated July 21, 2010;
and Bombardier Service Bulletin 84–32–74,
Revision A, dated May 17, 2010; for related
information.
(2) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–4539;
email thd.qseries@aero.bombardier.com;
Internet https://www.bombardier.com.
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63217
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on September 19, 2011 (76
FR 50403, August 15, 2011).
(i) Bombardier Service Bulletin 84–32–74,
Revision A, dated May 17, 2010.
(ii) Reserved.
(4) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–4539;
email thd.qseries@aero.bombardier.com;
Internet https://www.bombardier.com.
(5) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of
this material at the FAA, call 425–227–1221.
(6) You may view this 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/cfr/ibrlocations.html.
Issued in Renton, Washington, on October
4, 2012.
Dionne Palermo,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–25109 Filed 10–15–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. FAA–2012–0928; Amdt. No.
121–361]
RIN 2120–AK18
Use of Additional Portable Oxygen
Concentrators on Board Aircraft
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends the FAA’s
rules for permitting limited use of
portable oxygen concentrator systems
on board aircraft, to allow for the use of
additional portable oxygen concentrator
(POC) devices on board aircraft,
provided certain conditions in the SFAR
are met. This action is necessary to
allow all POC devices deemed
acceptable by the FAA for use in air
commerce to be available to the
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Rules and Regulations]
[Pages 63215-63217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25109]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0724; Directorate Identifier 2012-NM-043-AD;
Amendment 39-17215; AD 2012-20-09]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain Bombardier, Inc. Model DHC-8-400 series airplanes. That AD
currently requires a modification to trim the edge of the bumper plate,
including performing an inspection for damage or cracks of the bumper
plate and base fitting, and replacing any damaged or cracked part. That
AD also currently requires, for certain airplanes, reidentifying the
bumper plate. This new AD requires, for airplanes on which the
reidentification is done, an operational check of the alternate
extension system of the main landing gear (MLG), and repair if
necessary. This AD was prompted by the determination that an
operational check must be done after reidentifying the bumper plate to
ensure the identified unsafe condition is addressed. We are issuing
this AD to detect and correct failure of the MLG to extend and lock,
which could adversely affect the safe landing of the airplane.
DATES: This AD becomes effective November 20, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
19, 2011 (76 FR 50403, August 15, 2011).
ADDRESSES: You may examine the AD docket on the Internet at https://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 (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228-7318; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
[[Page 63216]]
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 July 25, 2012 (77 FR
43545), and proposed to supersede AD 2011-17-04, Amendment 39-16768 (76
FR 50403, August 15, 2011). That NPRM proposed to correct an unsafe
condition for the specified products. The Mandatory Continuing
Airworthiness Information (MCAI) states:
One in-service incident has been reported on [a] DHC-8 Series
400 aeroplane in which the right hand main landing gear (MLG) failed
to extend using the alternate gear extension system. Investigation
determined that the tread on the outboard tire was catching on the
bumper plate located on the outboard MLG door that prevented the MLG
door to open following an extension attempt via the alternate
extension system. Failure of [the] MLG to extend and lock could
adversely affect the safe landing of the aeroplane.
To prevent the potential jam condition between the bumper plate
and the MLG tires, Bombardier Aerospace has developed a modification
to trim the edge of the bumper plate to eliminate the possibility of
interference [Bombardier Modsum 4-113645].
The Modsum includes performing a detailed visual inspection for damage
or cracks of the bumper plate and base fitting, and replacing any
damaged or cracked part with a new part, if necessary. 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 (77 FR 43545, July 25,
2012) or on the determination of the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Costs of Compliance
Based on the service information, we estimate that this AD affects
about 65 products of U.S. registry.
The actions that are required by AD 2011-17-04, Amendment 39-16768
(76 FR 50403, August 15, 2011), and retained in this AD take about 8
work-hours per product, at an average labor rate of $85 per work hour.
Required parts would cost about $479 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 costs. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here. Based on these figures, the
cost of the currently required actions is $1,159 per product.
We estimate that it takes about 1 work-hour per product to comply
with the new basic requirements of this AD. The average labor rate is
$85 per work-hour. Based on these figures, we estimate the cost of the
AD on U.S. operators to be $5,525, or $85 per product.
We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions specified in 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 that this AD:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at 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 the NPRM (77 FR 43545, July 25, 2012),
the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2011-17-04, Amendment 39-16768 (76 FR 50403, August 15, 2011), and
adding the following new AD:
2012-20-09 Bombardier: Amendment 39-17215. Docket No. FAA-2012-0724;
Directorate Identifier 2012-NM-043-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective November 20,
2012.
(b) Affected ADs
This AD supersedes AD 2011-17-04, Amendment 39-16768 (76 FR
50403, August 15, 2011).
(c) Applicability
This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, having serial numbers
4001 through 4247 inclusive.
(d) Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
Gear.
(e) Reason
This AD was prompted by the determination that an operational
check must be done after reidentifying the bumper plate to ensure
the identified unsafe condition is
[[Page 63217]]
addressed. We are issuing this AD to detect and correct failure of
the main landing gear (MLG) to extend and lock, which could
adversely affect the safe landing of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Retained Actions for All Airplanes
Within 2,000 flight hours after September 19, 2011 (the
effective date of AD 2011-17-04, Amendment 39-16768 (76 FR 50403,
August 15, 2011)): Incorporate Bombardier Modsum 4-113645, including
performing a detailed visual inspection for damage or cracks of the
bumper plate and base fitting and replacing any damaged or cracked
part, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-32-74, Revision A, dated May 17,
2010. Do all applicable replacements before further flight.
Note 1 to paragraphs (g) and (h) of this AD: Bombardier Service
Bulletin 84-32-74, Revision A, dated May 17, 2010, includes an
operational check of the alternate extension system of the MLG. If
the operational check fails, guidance on doing corrective actions
can be found in the Bombardier Q400 Dash 8 Aircraft Maintenance
Manual.
(h) Retained Actions for Airplanes Having Certain Bumper Plates
For airplanes on which a bumper plate having part number
85424082-101 or 85424082-103 is installed on which the rework
specified in Bombardier Repair Drawing 8/4-54-553 has been done:
Within 1,000 flight hours after September 19, 2011 (the effective
date of AD 2011-17-04, Amendment 39-16768 (76 FR 50403, August 15,
2011)), reidentify the bumper plate, in accordance with paragraph
3.B., step (8) of the Accomplishment Instructions of Bombardier
Service Bulletin 84-32-74, Revision A, dated May 17, 2010.
(i) Retained Credit for Previous Actions
This paragraph provides credit for the modification required by
paragraph (h) of this AD by incorporation of Bombardier Modsum 4-
113645 if the modification was performed before September 19, 2011
(the effective date of AD 2011-17-04, Amendment 39-16768 (76 FR
50403, August 15, 2011)), using Bombardier Service Bulletin 84-32-
74, dated December 23, 2009 (which is not incorporated by reference
in this AD); and provided the modification is done within the
compliance time specified in paragraph (h) of this AD.
(j) New Requirements of This AD: Operational Check for Airplanes on
Which the Action Required by Paragraph (h) of This AD Is Done
Concurrently with doing the actions required by paragraph (h) of
this AD, or within 30 days after the effective date of this AD,
whichever occurs later: Perform an operational check of the
alternate extension system of the MLG, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-32-74,
Revision A, dated May 17, 2010. If the operational check fails,
before further flight, repair in accordance with a method approved
by either the Manager, New York Aircraft Certification Office (ACO),
FAA; or the Transport Canada Civil Aviation (TCCA) (or its delegated
agent).
Note 2 to paragraph (j) of this AD: If the operational check
fails, guidance on doing the repair can be found in the Bombardier
Q400 Dash 8 Aircraft Maintenance Manual.
(k) New Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD, provided the operational check specified in
paragraph (j) of this AD is done within the compliance time
specified in paragraph (g) of this AD, or within 30 days after the
effective date of this AD, whichever occurs later, using Bombardier
Service Bulletin 84-32-74, dated December 23, 2009 (which is not
incorporated by reference in this AD).
(l) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York 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 New York 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.
(m) Related Information
(1) Refer to MCAI Canadian Airworthiness Directive CF-2010-23,
dated July 21, 2010; and Bombardier Service Bulletin 84-32-74,
Revision A, dated May 17, 2010; for related information.
(2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000;
fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet
https://www.bombardier.com.
(n) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(3) The following service information was approved for IBR on
September 19, 2011 (76 FR 50403, August 15, 2011).
(i) Bombardier Service Bulletin 84-32-74, Revision A, dated May
17, 2010.
(ii) Reserved.
(4) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000;
fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet
https://www.bombardier.com.
(5) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call 425-227-1221.
(6) You may view this 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on October 4, 2012.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-25109 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-13-P
