[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Proposed Rules]
[Pages 15655-15658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05597]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0594; Directorate Identifier 2012-NM-019-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Bombardier, Inc. Model DHC-8-400, -401, and -402 
airplanes. That NPRM proposed to require an inspection to determine if 
certain rudder feel trim units (RFTUs) are installed, an operational 
check for signs of seizure of affected parts, repetitive lubrication 
for certain RFTUs, and replacement of the RFTU if necessary. Installing 
replaced RFTUs with conformal bushings would terminate the repetitive 
lubrication requirements. That NPRM was prompted by reports of movement 
of the rudder pedals being impeded due to corrosion of the trunnion 
shaft of the RFTU. This action revises that NPRM by reducing compliance 
times, increasing compliance costs, expanding affected parts to include 
additional serial numbers and include those parts with a suffix `A,' 
and adding the condition of rough movement to the operational check. We 
are proposing this AD to detect and correct any sign of rough movement 
or seizure of the trunnion shaft and its bushing, which could cause a 
rudder control jam or a large and rapid alternating rudder input 
leading to a structural failure of the vertical fin. Since these 
actions impose an additional burden over that proposed in the NPRM, we 
are reopening the comment period to allow the public the chance to 
comment on these proposed changes.

DATES: We must receive comments on this proposed AD by April 26, 2013.

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, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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 [email protected]; Internet http://www.bombardier.com. You may review copies of the referenced 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.

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.

[[Page 15656]]

and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this proposed AD, 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.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0594; 
Directorate Identifier 2012-NM-019-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on 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 proposed AD.

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on June 
12, 2012 (77 FR 34874). That earlier NPRM proposed to require actions 
intended to address the unsafe condition for certain Bombardier, Inc. 
Model DHC-8-400, -401, and -402 airplanes.
    Since that NPRM (77 FR 34874, June 12, 2012) was issued, we have 
determined that a reduction to the compliance times is needed in order 
to address the identified specified unsafe condition. We are reducing 
the compliance times for the inspection in paragraph (g) of this 
supplemental NPRM from within 600 flight hours or six months, whichever 
occurs first, to within 200 flight hours or two months, whichever 
occurs first after the effective date of this AD. We are reducing the 
compliance time for the replacement specified in paragraph (h) of this 
supplemental NPRM from within 6,000 flight hours to within 5,000 flight 
hours or 3 years, whichever occurs first. We have also determined that 
it is necessary to increase the costs of compliance, expand the 
affected parts, and revise the operational check specified in the NPRM. 
The affected parts for the action specified in paragraphs (g)(1) and 
(g)(2) have been expanded in this supplemental NPRM to include 
additional serial numbers (S/N) 0008 through 0509 inclusive, and to 
include those parts with suffix `A.' Also, the operational check 
specified in paragraph (g)(2) of this supplemental NPRM now includes an 
additional condition of ``any sign of rough movement.''
    Since the NPRM (77 FR 34874, June 12, 2012) was issued, Transport 
Canada Civil Aviation (TCCA), which is the aviation authority for 
Canada, has issued Canadian Airworthiness Directive CF-2012-02R1, dated 
October 12, 2012 (referred to after this as Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI reduced compliance 
times, expanded the affected parts to include the new part serial 
numbers and parts with suffix `A,' and added the condition of ``rough 
movement'' to the operational check. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-27-60, dated July 12, 
2012. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to comment on the NPRM (77 FR 
34874, June 12, 2012). The following presents the comments received on 
the NPRM and the FAA's response to each comment.

Request To Allow Additional Replacement Units

    Horizon Air (Horizon) requested that we add units with suffix `B,' 
in addition to units with suffix `A,' to the RFTUs allowed as 
replacement parts in paragraphs (g), (h), and (i) of the NPRM (77 FR 
34874, June 12, 2012). Horizon stated that Parker Aerospace, which 
manufacturers RFTU part number (P/N) 399500-1007, has since issued 
Parker Aerospace Service Bulletin 399500-27-003, dated April 19, 2012, 
which introduced an additional modification for RFTU (S/Ns) 0009 
through 0388 inclusive. Horizon noted RFTUs modified by that service 
bulletin are identified by a suffix `B' to the unit serial number. 
Horizon stated the addition of units with suffix `B'' would allow 
operators that have taken actions to incorporate Parker Aerospace 
Service Bulletin 399500-27-003, dated April 19, 2012, suffix `B' units 
into their fleet, to be in compliance with the NPRM and to keep 
operators from having to request an alternative means of compliance 
(AMOC) to keep suffix `B' units in service once the final rule is 
issued.
    We partially agree with the commenter. This supplemental NPRM does 
allow installation of units with suffix `B.' However, as stated 
previously, units with suffix `A,' are now affected parts and this 
supplemental NPRM would not allow installations of units with suffix 
`A.' We have changed paragraphs (g), (h), and (i) of this supplemental 
NPRM to include the addition of units with suffix `B.'

Request To Revise Paragraph (g)(2)(i) of the NPRM (77 FR 34874, June 
12, 2012)

    Horizon requested that we revise paragraph (g)(2)(i) of the NPRM 
(77 FR 34874, June 12, 2012) to allow installing serviceable RFTUs and 
RFTUs having suffix `B.' Horizon added that paragraph (g)(2)(i) of the 
NPRM requires ``replacing the RFTU with a new RFTU.'' Horizon stated 
that the word `new' implies a zero-time unit that is new from the 
manufacturer, and that operators should not be required to purchase a 
new unit to meet the requirements of paragraph (g)(2)(i) of the NPRM 
when a serviceable RFTU outside the serial number range, or that has a 
serial number with a suffix `A,' would address the unsafe condition. 
Horizon pointed out that requiring use of a new unit since it adds an 
additional financial cost that is unnecessary to address the unsafe 
condition.
    We agree. We have revised paragraph (g)(2)(i) of this supplemental 
NPRM to specify replacing RFTUs with new or serviceable RFTUs, which 
includes those with suffix `B.'

FAA's Determination and Requirements of This Proposed 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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or

[[Page 15657]]

develop on other products of the same type design.
    Certain changes described above expand the scope of the earlier 
NPRM (77 FR 34874, June 12, 2012). As a result, we have determined that 
it is necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 83 products of U.S. registry. We also estimate that 
it would take about 5 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $0 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 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 the proposed AD on U.S. operators to 
be $35,275, or $425 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 17 work-hours and require parts costing $0, for a cost of 
$1,445 per product. 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Bombardier, Inc.: Docket No. FAA-2012-0594; Directorate Identifier 
2012-NM-019-AD.

(a) Comments Due Date

    We must receive comments by April 26, 2013.

(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 (S/N) 
4001, 4003 and subsequent, equipped with rudder feel trim unit 
(RFTU) part number (P/N) 399500-1007.

(d) Subject

    Air Transport Association (ATA) of America Code 27: Flight 
Controls.

(e) Reason

    This AD was prompted by reports of movement of the rudder pedals 
being impeded due to corrosion of the trunnion shaft of the RFTU. We 
are issuing this AD to detect and correct any sign of rough movement 
or seizure of the trunnion shaft and its bushing, which could cause 
a rudder control jam or a large and rapid alternating rudder input 
leading to a structural failure of the vertical fin.

(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) Inspection, Replacement, and Lubrication

    Within 200 flight hours or two months after the effective date 
of this AD whichever occurs first: Inspect the RTFU to determine 
whether the serial number is in the range from S/N 0008 through 0509 
inclusive without a suffix `B,' in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-27-60, 
dated July 12, 2012. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the serial number of the 
RFTU can be conclusively determined from that review.
    (1) If the RFTU's serial number is not in the range from S/N 
0008 through 0509 inclusive, or if the serial number has a suffix 
`B,' no further action is required for this paragraph.
    (2) If the RFTU's serial number is in the range from (S/N) 0008 
through 0509 inclusive, including those with a suffix `A,' but not 
including those with suffix `B': Before further flight, perform an 
operational check of the RFTU for any sign of rough movement or 
seizure of the trunnion or center shaft, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-27-60, 
dated July 12, 2012.
    (i) If rough movement or seizure of the RFTU trunnion or center 
shaft is found: Before further flight, replace the RFTU with a new 
or serviceable RFTU, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-27-60, dated July 12, 
2012.
    (ii) If no rough movement or seizure of the RFTU trunnion or 
center shaft is found: Before further flight, lubricate the RFTU, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-60, dated July 12, 2012. Repeat the 
lubrication of the RFTU at intervals not to exceed 600 flight hours 
or 3 months, whichever occurs first, until the RFTU is replaced with 
a unit that has a serial number outside the affected range or a 
serial number with a suffix `B.'

(h) Replacement

    For airplanes having an RFTU identified in paragraph (g)(2) of 
this AD: Except as required by paragraph (g)(2)(i) of this AD, 
within 5,000 flight hours or 3 years after the effective date of 
this AD, whichever occurs first, replace all affected RFTUs with 
units that have a serial number outside the range from S/Ns 0008 
through 0509 inclusive, or

[[Page 15658]]

that have a serial number with a suffix `B,' in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-27-60, 
dated July 12, 2012.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install an 
RFTU P/N 399500-1007 with a serial number from (S/N) 0008 through 
0509 inclusive, including serial numbers with suffix `A,' on any 
airplane, except RFTUs that have a serial number with suffix `B,' 
may be installed.

(j) 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.

(k) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-02R1, 
dated October 12, 2012; and Bombardier Service Bulletin 84-27-60, 
dated July 12, 2012; 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 [email protected]; Internet 
http://www.bombardier.com. You may review copies of the referenced 
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.

    Issued in Renton, Washington, on February 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-05597 Filed 3-11-13; 8:45 am]
BILLING CODE 4910-13-P