[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Rules and Regulations]
[Pages 16145-16147]
[FR Doc No: 2012-6439]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0190; Directorate Identifier 2012-NM-033-AD;
Amendment 39-16979; AD 2012-05-07]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc.

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC-8-102, -103, and -106 airplanes. This AD
requires a general visual inspection for chamfer of the upper edge of
each leaf spring, and rework if necessary. This AD also requires
installing a new friction brake nut. This AD was prompted by reports
that it was possible to inadvertently move the power levers through the
flight idle gate into the beta range due to an un-chamfered leaf spring
in the friction brake that may contact the power lever latch when the
friction adjusting knob is fully loosened. We are issuing this AD to
detect and correct an unsafe condition where both engines can
inadvertently be operated in beta mode during flight and consequently
reduce controllability of the airplane.

DATES: This AD becomes effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of April 4, 2012.
    We must receive comments on this AD by May 4, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     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 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 this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Mazdak Hobbi, Aerospace Engineer,
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA) which is the aviation
authority for Canada, has issued Canadian Emergency Airworthiness
Directive CF-2012-08, dated January 30, 2012 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    During maintenance, it was discovered that it was possible to
inadvertently move the power levers through the flight idle gate
into the beta range. An investigation revealed that an un-chamfered
leaf spring in the friction brake may contact the power lever latch
when the friction adjusting knob is fully loosened. This can result
in the lifting of the power lever latch and allow the power levers
to pass through the flight idle gate without lifting the triggers.
    Further investigation also determined that an un-chamfered
spring installation with a pre-Service Bulletin (SB) 8-76-2
(Modification 8/0443) friction brake nut can further increase the
possibility of allowing power levers to pass through the flight idle
gate without lifting the triggers, when the friction adjusting knob
is fully loosened.
    The above discrepancies, if not corrected, may result in an
unsafe condition where both engines can inadvertently be operated in
beta mode during flight.
    In order to address this potentially unsafe condition,
Bombardier has issued:
     Alert Service Bulletin (ASB) A8-76-32 requiring
operators to inspect [general visual inspection] the springs and
chamfer [rework] the springs as applicable, and
     SB 8-76-02 Rev. A to replace the pre-SB 8-76-2 (Mod 8/
0443) original friction brake nut with a new friction brake nut with
larger shoulders.
    This [TCCA] Airworthiness Directive (AD) is being issued to
mandate compliance with Bombardier ASB A8-76-32 and SB 8-76-02 Rev.
A requirements on the affected aeroplanes.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier has issued the following service bulletins:
     Alert Service Bulletin A8-76-32, dated January 27, 2012.
     Service Bulletin 8-76-02, Revision ``A,'' dated January
25, 2012.
    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.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because there
have been reports that it was possible to inadvertently move the power
levers through the flight idle gate into the beta range due to an un-
chamfered leaf spring in the friction brake that may contact the power
lever latch when the friction adjusting knob is fully loosened. This
can result in the lifting of the power lever latch and allow the power
levers to pass through the flight idle gate without lifting the
triggers. Also, a certain un-chamfered spring installation with a
friction brake nut can further increase the possibility of allowing
power levers to pass through the flight idle gate without lifting the
triggers, when the friction adjusting knob is fully loosened. These
conditions, if not corrected, may result in an unsafe condition where
both engines can inadvertently be operated in beta mode during flight
and consequently reduce controllability of the airplane. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

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-2012-0190; Directorate
Identifier 2012-NM-033-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 http://www.regulations.gov, including any personal information you provide. We
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 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-05-07 Bombardier, Inc.: Amendment 39-16979. Docket No. FAA-
2012-0190; Directorate Identifier 2012-NM-033-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 4,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, and -
106 airplanes, certificated in any category, serial numbers 003
through 039 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 76: Engine
Controls.

(e) Reason

    This AD was prompted by reports that it was possible to
inadvertently move the power levers through the flight idle gate
into the beta range due to an un-chamfered leaf spring in the
friction brake that may contact the power lever latch when the
friction adjusting knob is fully loosened. We are issuing this AD to
detect and correct an unsafe condition where both engines can
inadvertently be operated in beta mode during flight and
consequently reduce controllability 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) Actions

    Within 50 flight hours or 10 days, whichever occurs first, after
the effective date of this AD, do the actions specified in
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Do a general visual inspection of the upper edge of each
leaf spring for chamfer, in accordance with the Accomplishment
Instructions of Bombardier Alert Service Bulletin A8-76-32, dated
January 27, 2012. Do all applicable rework before further flight, in
accordance with the Accomplishment Instructions of Bombardier Alert
Service Bulletin A8-76-32, dated January 27, 2012.
    (2) Install a new friction brake nut, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-76-02,
Revision `A,' dated January 25, 2012.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax 516-794-
5531. Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office. The AMOC approval letter must specifically
reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(i) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2012-08, dated
January 30, 2012; Bombardier Alert Service Bulletin A8-76-32, dated
January 27, 2012; and Bombardier Service Bulletin 8-76-02, Revision
`A,' dated January 25, 2012; for related information.

(j) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (i) Bombardier Alert Service Bulletin A8-76-32, dated January
27, 2012.
    (ii) Bombardier Service Bulletin 8-76-02, Revision ``A,'' dated
January 25, 2012.
    (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<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>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<PHONE_NUMBER>.
    (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 an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on March 2, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-6439 Filed 3-19-12; 8:45 am]
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