
[Federal Register: April 7, 2009 (Volume 74, Number 65)]
[Rules and Regulations]               
[Page 15665-15666]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap09-6]                         


[[Page 15665]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0313; Directorate Identifier 2008-NM-144-AD; 
Amendment 39-15769; AD 2008-26-03]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103, 
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 
Airplanes Equipped With a Cockpit Door Electronic Strike System 
Installed in Accordance With Supplemental Type Certificate (STC) 
ST02014NY

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

ACTION: Final rule; request for comments.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2008-26-03. This AD requires 
modifying the electronic strike system of the cockpit door. This AD 
results from a report indicating that the equipment is defective. We 
are issuing this AD to prevent failure of this equipment, which could 
compromise flight safety.

DATES: This AD becomes effective April 13, 2009 to all persons.
    We must receive comments on this AD by May 7, 2009.

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: 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 20590, 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 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 street address for 
the Docket 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: Fabio Buttitta, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
Bombardier Model DHC-8-102, DHC-8-103, DHC-8-106, DHC-8-201, DHC-8-202, 
DHC-8-301, DHC-8-311, and DHC-8-315 airplanes equipped with a cockpit 
door electronic strike system installed in accordance with supplemental 
type certificate (STC) SA03-70 issue No. 1 or issue No. 2 (which is 
equivalent to STC ST02014NY). TCCA advises that the electronic strike 
system of the cockpit door is defective. (STC SA03-70 issue No. 3 
incorporates the enhanced security measures for these doors.) Defective 
equipment, if not corrected, could compromise flight safety. Transport 
Canada Civil Aviation (TCCA) issued Canadian airworthiness directive 
CF-2008-26R1, dated August 15, 2008 (referred to after this as the 
Mandatory Continuing Airworthiness Information or ``MCAI'') to ensure 
the continued airworthiness of these airplanes in Canada.

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 referenced 
above. We are issuing this AD because we evaluated all pertinent 
information and determined an unsafe condition exists and is likely to 
exist or develop on other products of the same type design.
    Therefore, we are issuing AD 2008-26-03 to prevent failure of the 
electronic strike system, which could compromise flight safety. This AD 
requires modifying the electronic strike system of the cockpit door in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office (ACO), FAA.
    None of the airplanes affected by this action are on the U.S. 
Register. Therefore, providing notice and opportunity for public 
comment is unnecessary before this AD is issued, and this AD may be 
made effective in less than 30 days after it is published in the 
Federal Register. 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. The AD is hereby published 
in the Federal Register as an amendment to section 39.13 of the Federal 
Aviation Regulations (14 CFR 39.13) to make it effective to all 
persons.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not provide you with notice and an opportunity to 
provide your comments before it becomes effective. However, we invite 
you to send any written data, views, or arguments about this AD. Send 
your comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2009-0313; Directorate Identifier 2008-NM-144-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

[[Page 15666]]

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 have 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 the 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); 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
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 airworthiness 
directive (AD):

2008-26-03 TTF Aerospace LLC: Amendment 39-15769. Docket No. FAA-
2009-0313; Directorate Identifier 2008-NM-144-AD.

Effective Date

    (a) This sensitive security airworthiness directive (AD) is 
effective April 13, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, DHC-8-103, 
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 
airplanes, certificated in any category, equipped with a cockpit 
door electronic strike system installed in accordance with 
supplemental type certificate (STC) ST02014NY (which is equivalent 
to STC SA03-70).

Unsafe Condition

    (d) This AD results from a report indicating that the equipment 
is defective. We are issuing this AD to prevent failure of this 
equipment, which could compromise flight safety.

Compliance

    (e) Comply with this AD within the compliance times specified, 
unless already done.

Modification

    (f) Within 90 days after the effective date of this AD, modify 
the electronic strike system of the cockpit door in accordance with 
a method approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA, or Transport Canada Civil Aviation (TCCA) (or its 
delegated agent).

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, New York ACO, FAA, has the authority to 
approve AMOCs for this AD, if requested using the procedures found 
in 14 CFR 39.19. Send information to ATTN: Fabio Buttitta, Aerospace 
Engineer, Systems and Flight Test Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone (516) 228-7303; fax (516) 794-
5531.
    (2) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.

Related Information

    (h) Canadian airworthiness directive CF-2008-26R1, dated August 
15, 2008, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) None.

    Issued in Renton, Washington, on March 30, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E9-7781 Filed 4-6-09; 8:45 am]

BILLING CODE 4910-13-P
