[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Proposed Rules]
[Pages 18257-18259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05813]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0209; Directorate Identifier 2012-NM-127-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain Bombardier, Inc. Model DHC-8-100, -200, 
and -300 series airplanes. The existing AD currently requires replacing 
certain parking brake accumulators. Since we issued that AD, we have 
determined that it is necessary to protect the hydraulic system and 
airplane structure from possible damage by any faulty screw cap or end 
cap of any accumulator. This proposed AD would require installing 
restraint devices around the parking brake accumulator end caps. We are 
proposing this AD to prevent failure of the parking brake accumulator 
screw cap or end cap resulting in loss of the number 2 hydraulic system 
and damage to airplane structures, which could adversely affect the 
controllability of the airplane.

DATES: Send comments on or before April 25, 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. 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-2013-0209; 
Directorate Identifier 2012-NM-127-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

    On June 28, 2012, we issued AD 2012-14-04, Amendment 39-17118 (77 
FR 42956, July 23, 2012). That AD required actions intended to address 
an unsafe condition on certain Model DHC-8-100, -200, and -300 series 
airplanes.
    Since we issued AD 2012-14-04, Amendment 39-17118 (77 FR 42956, 
July 23, 2012), we have determined that it is necessary to protect the 
hydraulic system and airplane structure from possible damage by any 
faulty screw cap or end cap of any accumulator. Transport Canada Civil 
Aviation (TCCA), which is the aviation authority for Canada, has issued 
Canadian Airworthiness Directive CF-2011-29R1, dated May 24, 2012 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    Seven cases of on-ground hydraulic accumulator screw cap or end 
cap failure have been experienced on CL-600-2B19 (CRJ) aeroplanes, 
resulting in loss of the associated hydraulic system and high-energy 
impact damage to adjacent systems and structure. To date, the lowest 
number of flight cycles accumulated at the time of failure has been 
6991.
    Although there have been no failures to date on any DHC-8 
aeroplanes, similar accumulators to those installed on the CL-600-
2B19, Part Numbers (P/N)0860162001 and 0860162002 (Parking Brake 
Accumulator), are installed on the aeroplanes listed in the 
Applicability section of this [TCCA] directive.
    A detailed analysis of the systems and structure in the 
potential line of trajectory of a failed screw cap/end cap for the 
accumulator has been conducted. It has identified that the worst-
case scenarios would be the loss of number 2 hydraulic system, and 
damage to aeroplane structures.
    This [original TCCA] directive [which corresponds to FAA AD 
2012-14-04, Amendment 39-17118 (77 FR 42956, July 23, 2012)] gives 
instructions to determine the part number and serial number of the 
existing parking brake accumulator, and where applicable, replace 
the accumulator.
    Revision 1 of this [TCCA] AD mandates the installation of 
restraint devices around [all] the parking brake accumulator end 
caps to hold them in place in the event of an end cap failure.

Uncontained failure of the parking brake accumulator screw caps and/or 
end caps could result in loss of the number 2 hydraulic system, and 
damage to airplane structures, and could adversely

[[Page 18258]]

affect the controllability of the airplane. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 8-32-169, Revision A, 
dated December 16, 2011. 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 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 develop on other products of the same 
type design.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 129 products of U.S. registry.
    The actions that are required by AD 2012-14-04, Amendment 39-17118 
(77 FR 42956, July 23, 2012), and retained in this proposed AD take 
about 2 work-hours per product, at an average labor rate of $85 per 
work hour. Based on these figures, the estimated cost of the currently 
required actions is $170 per product.
    We estimate that it would take about 15 work-hours per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts cost $5,302 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 $848,433, or $6,577 per product.

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 removing airworthiness directive (AD) 
2012-14-04, Amendment 39-17118 (77 FR July 23, 2012), and adding the 
following new AD:

Bombardier, Inc.: Docket No. FAA-2013-0209; Directorate Identifier 
2012-NM-127-AD.

(a) Comments Due Date

    We must receive comments by May 10, 2013.

(b) Affected ADs

    This AD supersedes AD 2012-14-04, Amendment 39-17118 (77 FR 
42956, July 23, 2012).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-101, -102, -103, 
-106, -201, -202, -301, -311, and -315 airplanes, certificated in 
any category, serial numbers 003 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by reports of hydraulic accumulator screw 
cap or end cap failure. We are issuing this AD to prevent failure of 
the parking brake accumulator screw caps or end caps resulting in 
loss of the number 2 hydraulic system and damage to airplane 
structures, which could adversely affect the 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) Retained Inspection and Replacement

    This paragraph restates the requirements of paragraph (g) of AD 
2012-14-04, Amendment 39-17118 (77 FR 42956, July 23, 2012), with no 
changes. Within 2,000 flight hours or 12 months after August 27, 
2012 (the effective date of AD 2012-14-04), whichever occurs first: 
Inspect to determine the part number (P/N) and serial number of the 
parking brake hydraulic accumulator, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-32-170, 
dated February 25, 2011. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number and serial 
number of the parking brake hydraulic accumulator can be 
conclusively determined from that review.
    (1) For accumulators not having P/N 0860162001 or 0860162002: No 
further action is required by this paragraph.
    (2) For accumulators having P/N 0860162001 or 0860162002: Before 
further flight, do the applicable actions specified in paragraphs 
(g)(2)(i) and (g)(2)(ii) of this AD.
    (i) If the serial number is listed in the table in paragraph 
3.B.(2) of Bombardier Service Bulletin 8-32-170, dated February 25, 
2011: No further action is required by this paragraph.
    (ii) If the serial number is not listed in the table in 
paragraph 3.B.(2) of Bombardier Service Bulletin 8-32-170, dated 
February 25, 2011: Within 2,000 flight hours or 12 months after 
August 27, 2012 (the effective date of AD 2012-14-04, Amendment 39-
17118 (77 FR 42956, July 23, 2012)),

[[Page 18259]]

whichever occurs first, replace the accumulator with a new non-
suspect accumulator, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-32-172, dated March 
15, 2011.

(h) Retained Parts Installation Prohibition

    This paragraph restates the requirements of paragraph (h) of AD 
2012-14-04, Amendment 39-17118 (77 FR 42956, July 23, 2012), with no 
changes. As of August 27, 2012 (the effective date of AD 2012-14-
04), no person may install a parking brake accumulator, P/N 
0860162001 or 0860162002 with a serial number that is not listed in 
the table in paragraph 3.B.(2) of Bombardier Service Bulletin 8-32-
170, dated February 25, 2011, on any airplane.

(i) New Requirement of this AD: Install Restraint Devices on All 
Airplanes

    Within 6,000 flight hours or 36 months after the effective date 
of this AD, whichever occurs first: Install restraint devices around 
the parking brake hydraulic accumulator end caps by incorporating 
Bombardier ModSum 8Q101901, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-32-169, Revision A, 
dated December 16, 2011.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 8-32-169, dated 
November 25, 2011, which is not incorporated by reference in this 
AD.

(k) 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, NY 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.

(l) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2011-29R1, 
dated May 24, 2012; and the service information identified in 
paragraphs (m)(1)(i) through (m)(1)(v) of this AD; for related 
information.
    (i) Bombardier Service Bulletin 8-32-169, Revision A, dated 
December 16, 2011.
    (ii) Bombardier Service Bulletin 8-32-170, dated February 25, 
2011.
    (iii) Bombardier Service Bulletin 8-32-172, dated March 15, 
2011.
    (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, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on March 5, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-05813 Filed 3-25-13; 8:45 am]
BILLING CODE 4910-13-P