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Effective Date (425) 917–6421; fax (425) 917–6590; has the DEPARTMENT OF TRANSPORTATION (a) This airworthiness directive (AD) is authority to approve AMOCs for this AD, if effective April 28, 2009. requested using the procedures found in 14 Federal Aviation Administration CFR 39.19. Affected ADs (2) To request a different method of 14 CFR Part 39 (b) None. compliance or a different compliance time [Docket No. FAA–2008–1361; Directorate Applicability for this AD, follow the procedures in 14 CFR Identifier 2008–NM–140–AD; Amendment (c) This AD applies to Boeing Model 767– 39.19. Before using any approved AMOC on 39–15858; AD 2009–06–21] 200 and 767–300 series airplanes, certificated any airplane to which the AMOC applies, in any category; as identified in Boeing Alert notify your appropriate principal inspector RIN 2120–AA64 Service Bulletin 767–53A0147, dated August (PI) in the FAA Flight Standards District 16, 2007. Office (FSDO), or lacking a PI, your local Airworthiness Directives; Bombardier Model DHC–8–102, –103, and –106 Unsafe Condition FSDO. (3) An AMOC that provides an acceptable Airplanes, and Model DHC–8–200, (d) This AD results from analysis that level of safety may be used for any repair –300, and –400 Series Airplanes indicates fatigue cracks of the web lap splice, tear strap splice, or super tear strap splice of required by this AD, if it is approved by an AGENCY: Federal Aviation the aft bulkhead are expected to occur on Authorized Representative for the Boeing Administration (FAA), Department of certain Boeing Model 767–200 and 767–300 Commercial Airplanes Delegation Option Transportation (DOT). Authorization Organization who has been series airplanes. We are proposing this AD to ACTION: Final rule. detect and correct fatigue cracks of the aft authorized by the Manager, Seattle ACO, to pressure bulkhead, which could result in make those findings. For a repair method to SUMMARY: We are adopting a new rapid decompression of the passenger be approved, the repair must meet the airworthiness directive (AD) for the compartment and possible damage or certification basis of the airplane and the products listed above. This AD results interference with airplane control systems approval must specifically refer to this AD. that penetrate the bulkhead, and consequent from mandatory continuing (4) Inspections of repaired areas approved loss of controllability of the airplane. airworthiness information (MCAI) as an AMOC for the inspection requirements originated by an aviation authority of Compliance of this AD are also approved as an AMOC to another country to identify and correct (e) Comply with this AD within the the inspections for the repaired areas only as an unsafe condition on an aviation compliance times specified, unless already required by paragraph (d) of AD 2003–18–10. product. The MCAI describes the unsafe done. Material Incorporated by Reference condition as: Inspections and Applicable Related A fuselage spoiler cable disconnect sensing Investigative and Corrective Actions (h) You must use Boeing Alert Service Bulletin 767–53A0147, dated August 16, device was installed in production on later (f) Except as provided by paragraphs (f)(1) 2007, to do the actions required by this AD, DHC–8 Series 100/200/300 aircraft, and on and (f)(2) of this AD: At the applicable all DHC–8 Series 400 aircraft. On earlier unless the AD specifies otherwise. compliance time and repeat intervals listed DHC–8 Series 100/200/300 aircraft, its in Tables 1 and 2 of paragraph 1.E., (1) The Director of the Federal Register installation was mandated by [Canadian] ‘‘Compliance,’’ of Boeing Alert Service approved the incorporation by reference of Airworthiness Directive CF–2006–13 [which Bulletin 767–53A0147, dated August 16, this service information under 5 U.S.C. corresponds to FAA AD 2007–21–16]. 2007, do detailed inspections of the aft 552(a) and 1 CFR part 51. However, several incorrectly assembled pressure bulkhead for damage, mid- (2) For service information identified in spoiler cable disconnect sensing devices have frequency eddy current (MFEC) and low this AD, contact Boeing Commercial recently been discovered on in-service frequency eddy current (LFEC) inspections of Airplanes, Attention: Data & Services aircraft. A pulley and plastic spacer had been radial web lap splices, tear strap splices, and Management, P.O. Box 3707, MC 2H–65, inadvertently interchanged during assembly super tear strap splices for cracking, and Seattle, Washington 98124–2207; telephone of the device in production, resulting in the applicable corrective actions, by 206–544–5000, extension 1, fax 206–766– spoiler cable sliding on the spacer rather than accomplishing all the applicable actions on the pulley, as designed. 5680; e-mail [email protected]; specified in the Accomplishment Continued operation with an incorrectly Internet https://www.myboeingfleet.com. Instructions of the service bulletin. assembled spoiler cable disconnect sensing (1) Where Table 1 of paragraph 1.E., (3) You may review copies of the service device could result in impaired operation of ‘‘Compliance,’’ of Boeing Alert Service information at the FAA, Transport Airplane the sensing device and/or an eventual Bulletin 767–53A0147, dated August 16, Directorate, 1601 Lind Avenue, SW., Renton, fuselage spoiler cable disconnect, with 2007, specifies a compliance time after the Washington. For information on the possible reduced controllability of the date on that service bulletin, this AD requires availability of this material at the FAA, call aircraft. compliance within the specified compliance 425–227–1221 or 425–227–1152. We are issuing this AD to require time after the effective date of this AD. (4) You may also review copies of the (2) Where Boeing Alert Service Bulletin actions to correct the unsafe condition service information that is incorporated by 767–53A0147, dated August 16, 2007, on these products. reference at the National Archives and specifies a compliance time of ‘‘As given by DATES: This AD becomes effective April Boeing’’ or to contact Boeing for the Records Administration (NARA). For information on the availability of this 28, 2009. appropriate action, this AD requires, before The Director of the Federal Register further flight, inspections of the area of repair material at NARA, call 202–741–6030, or go and repair of any damaged/cracked part, as to: http://www.archives.gov/federal_register/ approved the incorporation by reference applicable, using a method approved in code_of_federal_regulations/ibr of certain publications listed in this AD accordance with the procedures specified in _locations.html. as of April 28, 2009. paragraph (g) of this AD. ADDRESSES: You may examine the AD Issued in Renton, Washington, on March docket on the Internet at http:// Alternative Methods of Compliance 12, 2009. (AMOCs) www.regulations.gov or in person at the Ali Bahrami, U.S. Department of Transportation, (g)(1) The Manager, Seattle Aircraft Manager, Transport Airplane Directorate, Certification Office (ACO), FAA, ATTN: Docket Operations, M–30, West Aircraft Certification Service. Tamara L. Anderson, Aerospace Engineer, Building Ground Floor, Room W12–140, Airframe Branch, ANM–120S, 1601 Lind [FR Doc. E9–5961 Filed 3–23–09; 8:45 am] 1200 New Jersey Avenue, SE., Avenue, SW., Renton, Washington telephone BILLING CODE 4910–13–P Washington, DC.

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FOR FURTHER INFORMATION CONTACT: Dan We determined that this change will not For the reasons discussed above, I Parrillo, Aerospace Engineer, Airframe increase the economic burden on any certify this AD: and Propulsion Branch, ANE–171, FAA, operator or increase the scope of the AD. 1. Is not a ‘‘significant regulatory New York Aircraft Certification Office, action’’ under Executive Order 12866; Differences Between This AD and the 1600 Stewart Avenue, Suite 410, 2. Is not a ‘‘significant rule’’ under the MCAI or Service Information Westbury, New York 11590; telephone DOT Regulatory Policies and Procedures (516) 228–7305; fax (516) 794–5531. We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and SUPPLEMENTARY INFORMATION: related service information and, in 3. Will not have a significant general, agree with their substance. But economic impact, positive or negative, Discussion we might have found it necessary to use on a substantial number of small entities We issued a notice of proposed different words from those in the MCAI under the criteria of the Regulatory rulemaking (NPRM) to amend 14 CFR to ensure the AD is clear for U.S. Flexibility Act. part 39 to include an AD that would operators and is enforceable. In making We prepared a regulatory evaluation apply to the specified products. That these changes, we do not intend to differ of the estimated costs to comply with NPRM was published in the Federal substantively from the information this AD and placed it in the AD docket. Register on January 12, 2009 (74 FR provided in the MCAI and related Examining the AD Docket 1164). That NPRM proposed to correct service information. You may examine the AD docket on an unsafe condition for the specified We might also have required different the Internet at http:// products. The MCAI states: actions in this AD from those in the MCAI in order to follow our FAA www.regulations.gov; or in person at the A fuselage spoiler cable disconnect sensing policies. Any such differences are Docket Operations office between 9 a.m. device was installed in production on later highlighted in a NOTE within the AD. and 5 p.m., Monday through Friday, DHC–8 Series 100/200/300 aircraft, and on except Federal holidays. The AD docket all DHC–8 Series 400 aircraft. On earlier Costs of Compliance DHC–8 Series 100/200/300 aircraft, its contains the NPRM, the regulatory installation was mandated by [Canadian] We estimate that this AD will affect evaluation, any comments received, and Airworthiness Directive CF–2006–13 [which 145 products of U.S. registry. We also other information. The street address for corresponds to FAA AD 2007–21–16]. estimate that it will take 1 work-hour the Docket Operations office (telephone However, several incorrectly assembled per product to comply with the basic (800) 647–5527) is in the ADDRESSES spoiler cable disconnect sensing devices have requirements of this AD. The average section. Comments will be available in recently been discovered on in-service labor rate is $80 per work-hour. Based the AD docket shortly after receipt. aircraft. A pulley and plastic spacer had been on these figures, we estimate the cost of List of Subjects in 14 CFR Part 39 inadvertently interchanged during assembly this AD to the U.S. operators to be of the device in production, resulting in the $11,600, or $80 per product. Air transportation, Aircraft, Aviation spoiler cable sliding on the spacer rather than safety, Incorporation by reference, on the pulley, as designed. Authority for This Rulemaking Continued operation with an incorrectly Safety. Title 49 of the United States Code assembled spoiler cable disconnect sensing Adoption of the Amendment device could result in impaired operation of specifies the FAA’s authority to issue the sensing device and/or an eventual rules on aviation safety. Subtitle I, ■ Accordingly, under the authority fuselage spoiler cable disconnect, with section 106, describes the authority of delegated to me by the Administrator, possible reduced controllability of the the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as aircraft. Aviation Programs,’’ describes in more follows: Required actions include inspecting detail the scope of the Agency’s the fuselage spoiler cable disconnect authority. PART 39—AIRWORTHINESS sensing device and, if necessary, We are issuing this rulemaking under DIRECTIVES inspecting components for wear and the authority described in ‘‘Subtitle VII, ■ 1. The authority citation for part 39 damage, replacing worn or damaged Part A, Subpart III, Section 44701: continues to read as follows: components, and correctly re- General requirements.’’ Under that Authority: 49 U.S.C. 106(g), 40113, 44701. assembling the sensing device. You may section, Congress charges the FAA with obtain further information by examining promoting safe flight of civil aircraft in § 39.13 [Amended] air commerce by prescribing regulations the MCAI in the AD docket. ■ for practices, methods, and procedures 2. The FAA amends § 39.13 by adding Comments the Administrator finds necessary for the following new AD: We gave the public the opportunity to safety in air commerce. This regulation 2009–06–21 Bombardier, Inc. (Formerly de participate in developing this AD. We is within the scope of that authority Havilland, Inc.): Amendment 39–15858. received no comments on the NPRM or because it addresses an unsafe condition Docket No. FAA–2008–1361; Directorate on the determination of the cost to the that is likely to exist or develop on Identifier 2008–NM–140–AD. public. products identified in this rulemaking Effective Date action. Change to the NPRM (a) This airworthiness directive (AD) Regulatory Findings becomes effective April 28, 2009. We clarified the DHC–8 model designation in paragraph (f)(2) of the We determined that this AD will not Affected ADs AD. That designation was missing in the have federalism implications under (b) None. NPRM. Executive Order 13132. This AD will Applicability not have a substantial direct effect on Conclusion (c) This AD applies to the following the States, on the relationship between Bombardier Model DHC–8 airplanes, We reviewed the available data and the national government and the States, certificated in any category. determined that air safety and the or on the distribution of power and (1) Model DHC–8–102, –103, –106, –201, public interest require adopting the AD responsibilities among the various –202, –301, –311, and –315 series airplanes, with the change described previously. levels of government. serial numbers 003 through 644 inclusive.

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(2) Model DHC–8–400, –401 and –402 Service Bulletin 8–27–107, dated October 16, Related Information series airplanes, serial numbers 4003, 4004, 2007. (h) Refer to MCAI Canadian Airworthiness 4006, and 4008 through 4164 inclusive. Note 2: The fuselage spoiler cable Directive CF–2008–28, dated July 10, 2008; Subject disconnect sensing device was installed in Bombardier Service Bulletin 84–27–34, dated production on the airplanes identified in October 3, 2007; and Bombardier Service (d) Air Transport Association (ATA) of paragraph (f)(2) of this AD. Bulletin 8–27–107, dated October 16, 2007; America Code 27: Flight controls. (3) For Bombardier Model DHC–8–400, for related information. Reason –401, and –402 series airplanes, serial Material Incorporated by Reference (e) The mandatory continuing numbers 4003, 4004, 4006, and 4008 through (i) You must use Bombardier Service airworthiness information (MCAI) states: 4164 inclusive: Within 1,000 flight hours Bulletin 8–27–107, dated October 16, 2007; A fuselage spoiler cable disconnect sensing after the effective date of this AD, inspect the device was installed in production on later fuselage spoiler cable disconnect sensing and Bombardier Service Bulletin 84–27–34, DHC–8 Series 100/200/300 aircraft, and on device for correct assembly in accordance dated October 3, 2007; as applicable; to do all DHC–8 Series 400 aircraft. On earlier with paragraph 3.B., Part A, of Bombardier the actions required by this AD, unless the DHC–8 Series 100/200/300 aircraft, its Service Bulletin 84–27–34, dated October 3, AD specifies otherwise. installation was mandated by [Canadian] 2007. (1) The Director of the Federal Register Airworthiness Directive CF–2006–13 [which approved the incorporation by reference of Note 3: The fuselage spoiler cable this service information under 5 U.S.C. corresponds to FAA AD 2007–21–16]. disconnect sensing device was installed in However, several incorrectly assembled 552(a) and 1 CFR part 51. production on the airplanes identified in (2) For service information identified in spoiler cable disconnect sensing devices have paragraph (f)(3) of this AD. recently been discovered on in-service this AD, contact Bombardier, Inc., 400 Co´te- aircraft. A pulley and plastic spacer had been (4) For all airplanes: If an incorrectly Vertu Road West, Dorval, Que´bec H4S 1Y9, inadvertently interchanged during assembly assembled sensing device is detected during Canada; telephone 514–855–5000; fax 514– of the device in production, resulting in the any inspection required by paragraph (f)(1), 855–7401; e-mail spoiler cable sliding on the spacer rather than (f)(2), or (f)(3) of this AD, before further flight, [email protected]; Internet on the pulley, as designed. inspect the components, replace worn or http://www.bombardier.com. Continued operation with an incorrectly damaged components, and correctly re- (3) You may review copies of the service assembled spoiler cable disconnect sensing assemble the sensing device. Do the actions information at the FAA, Transport Airplane device could result in impaired operation of in accordance with paragraph 3.B., Part B, of Directorate, 1601 Lind Avenue, SW., Renton, the sensing device and/or an eventual Bombardier Service Bulletin 8–27–107, dated Washington. For information on the fuselage spoiler cable disconnect, with October 16, 2007; or Bombardier Service availability of this material at the FAA, call possible reduced controllability of the Bulletin 84–27–34, dated October 3, 2007; as 425–227–1221 or 425–227–1152. aircraft. applicable. (4) You may also review copies of the service information that is incorporated by Required actions include inspecting the FAA AD Differences fuselage spoiler cable disconnect sensing reference at the National Archives and device and, if necessary, inspecting Note 4: This AD differs from the MCAI Records Administration (NARA). For components for wear and damage, replacing and/or service information as follows: No information on the availability of this worn or damaged components, and correctly difference. material at NARA, call 202–741–6030, or go _ re-assembling the sensing device. to: http://www.archives.gov/federal register/ Other FAA AD Provisions code_of_federal_regulations/ Actions and Compliance _ (g) The following provisions also apply to ibr locations.html. (f) Unless already done, do the following. this AD: Issued in Renton, Washington, on March (1) For Bombardier Model DHC–8–102, (1) Alternative Methods of Compliance 12, 2009. –103, –106, –201, –202, –301, –311, and –315 (AMOCs): The Manager, New York Aircraft Ali Bahrami, series airplanes, serial numbers 003 through Certification Office, FAA, has the authority to Manager, Transport Airplane Directorate, 561 inclusive: Do the actions required by approve AMOCs for this AD, if requested Aircraft Certification Service. paragraph (f)(1)(i) or (f)(1)(ii) of this AD, as using the procedures found in 14 CFR 39.19. applicable, in accordance with paragraph Send information to ATTN: Dan Parrillo, [FR Doc. E9–5964 Filed 3–23–09; 8:45 am] 3.B., Part A, of Bombardier Service Bulletin Aerospace Engineer, Airframe and BILLING CODE 4910–13–P 8–27–107, dated October 16, 2007. Propulsion Branch, ANE–171, FAA, New (i) For airplanes on which fuselage spoiler York Aircraft Certification Office, 1600 cable disconnect sensing device, Modsum Stewart Avenue, Suite 410, Westbury, New DEPARTMENT OF TRANSPORTATION 8Q100898, has been installed as of the York 11590; telephone (516) 228–7305; fax effective date of this AD: Within 1,000 flight (516) 794–5531. Before using any approved Federal Aviation Administration hours after the effective date of this AD, AMOC on any airplane to which the AMOC inspect the fuselage spoiler cable disconnect applies, notify your appropriate principal 14 CFR Part 39 sensing device for correct assembly. inspector (PI) in the FAA Flight Standards (ii) For airplanes on which fuselage spoiler District Office (FSDO), or lacking a PI, your [Docket No. FAA–2008–1327; Directorate cable disconnect sensing device, Modsum local FSDO. Identifier 2008–NM–161–AD; Amendment 8Q100898, has not been installed as of the (2) Airworthy Product: For any requirement 39–15859; AD 2009–06–22] effective date of this AD: Concurrently with in this AD to obtain corrective actions from RIN 2120–AA64 the installation of Modsum 8Q100898, a manufacturer or other source, use these inspect the fuselage spoiler cable disconnect actions if they are FAA-approved. Corrective sensing device for correct assembly. Airworthiness Directives; Airbus Model actions are considered FAA-approved if they A318, A319, A320, and A321 Airplanes Note 1: AD 2007–21–16, amendment 39– are approved by the State of Design Authority 15234, requires the installation of Modsum (or their delegated agent). You are required AGENCY: Federal Aviation 8Q100898. to assure the product is airworthy before it Administration (FAA), Department of (2) For Bombardier Model DHC–8–102, is returned to service. Transportation (DOT). –103, –106, –201, –202, –301, –311, and –315 (3) Reporting Requirements: For any series airplanes, serial numbers 562 through reporting requirement in this AD, under the ACTION: Final rule. 644 inclusive: Within 1,000 flight hours after provisions of the Paperwork Reduction Act, the effective date of this AD, inspect the the Office of Management and Budget (OMB) SUMMARY: We are adopting a new fuselage spoiler cable disconnect sensing has approved the information collection airworthiness directive (AD) for the device for correct assembly in accordance requirements and has assigned OMB Control products listed above. This AD results with paragraph 3.B., Part A, of Bombardier Number 2120–0056. from mandatory continuing

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