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2012-06-04 BOMBARDIER, INC.: Amendment 39-16985. Docket No. FAA-2011-1088; Directorate Identifier 2011-NM-099-AD.
(a) EFFECTIVE DATE

    This airworthiness directive (AD) becomes effective April 25, 2012.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This AD applies  to Bombardier, Inc.  Model DHC-8-400, -401,  and -402
    airplanes; certificated in any  category; serial numbers 4161  through
    4296 inclusive.

(d) SUBJECT

    Air Transport Association (ATA) of America Code 53: Fuselage.

(e) REASON

    This  AD  was  prompted  by reports  of  difficulties  in  opening the
    airstair door.  We are  issuing this  AD to  detect and  correct drain
    paths blocked by sealant, resulting in an airstair door that is unable
    to  be  opened, which  could  hinder evacuation  in  the event  of  an
    emergency.

(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 600  flight hours  after the  effective date  of this  AD, do a
    general visual inspection of the structure and gearbox drain paths for
    blockages   by  sealant,   in  accordance   with  the   Accomplishment
    Instructions of Bombardier  Service Bulletin 84-53-48,  dated December
    2, 2010.  If any  blockages are  found, before  further flight, remove
    blockages,  in  accordance  with  the  Accomplishment  Instructions of
    Bombardier Service Bulletin 84-53-48, dated December 2, 2010.

(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 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.

(i) RELATED INFORMATION

    Refer to MCAI Canadian Airworthiness Directive CF-2011-06, dated April
    26, 2011; and Bombardier Service Bulletin 84-53-48,  dated December 2,
    2010; 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 Service Bulletin 84-53-48, dated December 2, 2010.

(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 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.

(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   202-741-6030,  or   go  to
    http://www.archives.gov/federal_register/code_of_federal_regulations/i
    br_locations.html.

Issued  in Renton,  Washington,  on  March 9, 2012.  Ali  Bahrami Manager,
Transport Airplane Directorate, Aircraft Certification Service.

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.
PREAMBLE 

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

ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted
by reports of difficulties in opening the airstair door. This AD
requires inspecting the structure and gearbox drain paths for blockages
by sealant, and removing any blockages. We are issuing this AD to
detect and correct drain paths blocked by sealant, resulting in an
airstair door that is unable to be opened, which could hinder
evacuation in the event of an emergency.

DATES: This AD becomes effective April 25, 2012.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 25,
2012.

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 October 19, 2011 (76
FR 64849), and proposed to correct an unsafe condition for the
specified products. The MCAI states:

Several operators have reported difficulties in opening the
airstair door. Investigation revealed that the airstair door gearbox
drain paths were blocked by sealant, causing water to accumulate and
freeze in the gearbox assembly. An airstair door that is unable to
be opened could hinder evacuation in the event of an emergency.
This [Canadian] directive mandates a one-time [general visual]
inspection [for sealant blockages] and [removal of any] sealant
interfering with the airstair gearbox drain paths.

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. The commenter, Air Line
Pilots Association, International, supports the NPRM (76 FR 64849,
October 19, 2011).

Conclusion

We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed, except for minor editorial changes. We have determined
that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (76 FR 64849, October 19, 2011) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 64849, October 19, 2011).

Costs of Compliance

We estimate that this AD will affect about 83 products of U.S.
registry. We also estimate that it will take about 2 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $85 per work-hour. 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 figures, we estimate the
cost of this AD to the U.S. operators to be $14,110, or $170 per
product.
In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $0, for a cost of
$255. We have no way of determining the number of products that may
need these actions.

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 proposed
regulation:
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 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 (76 FR 64849, October 19,
2011), 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.

Sec. 39.13 [Amended]

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