[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Rules and Regulations]
[Pages 38823-38825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1155; Directorate Identifier 2012-NM-115-AD; 
Amendment 39-17445; AD 2013-09-04]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final Rule.

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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 chafing found on the main landing gear (MLG) yoke. The 
chafing was attributed to contact between the nacelle fire detection 
wires and the MLG yoke. This AD requires inspections of the nacelle 
fire detection wires and the MLG yoke for damage; replacing nacelle 
fire detection wires, if necessary; repairing the MLG yoke, if 
necessary; and installing brackets and associated hardware to secure 
the fire detection wires. We are issuing this AD to prevent chafing 
between the nacelle fire detection wires and the MLG yoke. Chafing 
could lead to cracking and subsequent failure of the MLG yoke, which 
could adversely affect the safe landing of the airplane. In addition, 
chafing of the nacelle fire detection wires could cause them to fail 
and prevent the detection of a fire in the nacelle assembly.

[[Page 38824]]


DATES: This AD becomes effective August 2, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 2, 
2013.

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: Assata Dessaline, Aerospace Engineer, 
Avionics and Services Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7301; 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 November 5, 2012 (77 
FR 66413). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(MCAI) states:

There have been two (2) in-service reports of chafing found on the 
main landing gear (MLG) yoke. The chafing was attributed to contact 
between the nacelle fire detection wire and the MLG yoke. This 
chafing may lead to cracking and subsequent failure of the MLG yoke.
Failure of the MLG yoke could adversely affect the safe landing of 
the aeroplane. In addition, failure of the fire detection wire could 
prevent the detection of a fire in the nacelle assembly.
This [Canadian] Airworthiness Directive (AD) mandates the [detailed] 
inspection of the nacelle fire detection wires and [detailed 
inspection of the] MLG yoke for damage [chafing, nicks, cracking] 
and the installation of new brackets to secure the fire detection 
wire to prevent chafing against the MLG yoke [and corrective actions 
if necessary].

Corrective actions include replacing damaged wires with new wires and 
repairing the MLG yoke. 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 comments received.

Request To Allow Reference to Canadian AD

    Horizon Air requested that the last sentence in paragraph 
(g)(2)(ii) of the NPRM (77 FR 66413, November 5, 2012) be deleted. That 
sentence states, ``The approved repair must specifically reference this 
AD.'' Horizon Air stated that Bombardier references Transport Canada 
Civil Aviation ADs on repair drawings and the requirement to reference 
an FAA AD has not been included in previous ADs issued by the FAA. 
Horizon noted that a reference to the Canadian AD should be sufficient 
and the final rule should be changed to allow a reference to the 
Canadian AD.
    For the reasons presented by the commenter we agree to delete the 
last sentence of paragraph (g)(2)(ii) in this AD. That sentence was 
inadvertently included in the NPRM (77 FR 66413, November 5, 2012).

Request To Change Certain Reference to Brackets

    Horizon Air requested that paragraph (g)(3) of the NPRM (77 FR 
66413, November 5, 2012) be revised to delete the word ``new'' from the 
sentence, ``Install new brackets and associated hardware . . . .'' 
Horizon acknowledged that this sentence was included in Canadian AD CF-
2012-15, dated April 30, 2012, which is referenced in the NPRM, but 
based on the FAA's policy of strict interpretation of the word ``new'' 
as a zero-time part, this sentence places an additional requirement on 
U.S. operators to ensure that only zero-time brackets are installed.
    We agree to revise paragraph (g)(3) in this final rule to delete 
the word ``new.'' This will remove the requirement that operators only 
install ``new'' brackets. We also deleted the word ``new'' in the 
SUMMARY section of this final rule.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the changes described previously and minor editorial 
changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 66413, November 5, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 66413, November 5, 2012).

Costs of Compliance

    We estimate that this AD will affect 80 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $332 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 this AD to the U.S. operators 
to be $46,960, or $587 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 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 this AD:
    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.

[[Page 38825]]

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 (77 FR 66413, November 5, 
2012), 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

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:

2013-09-04 Bombardier, Inc.:
    Amendment 39-17445. Docket No. FAA-2012-1155; Directorate 
Identifier 2012-NM-115-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 2, 
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 4001 
through 4382 inclusive.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 26, Fire protection.

(e) Reason

    This AD was prompted by reports of chafing found on the main 
landing gear (MLG) yoke. We are issuing this AD to prevent chafing 
between the nacelle fire detection wires and the MLG yoke. Chafing 
could lead to cracking and subsequent failure of the MLG yoke, which 
could adversely affect the safe landing of the airplane. In 
addition, chafing of the nacelle fire detection wires could cause 
them to fail and prevent the detection of a fire in the nacelle 
assembly.

(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) Inspections and Installation

    Within 6,000 flight hours or 36 months after the effective date 
of this AD, whichever occurs first, accomplish the actions specified 
in paragraphs (g)(1), (g)(2), and (g)(3) of this AD, in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 
84-26-11, Revision A, dated January 25, 2012.
    (1) Do a detailed inspection of the left and right nacelle fire 
detection wires for damage (i.e., chafing). If damage is found on 
any nacelle fire detection wire: Before further flight, remove and 
replace the damaged wire with a new wire, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-26-11, 
Revision A, dated January 25, 2012.
    (2) Do a detailed inspection of the MLG yoke for damage (e.g., 
chafing, nicks, cracking).
    (i) If any damage is found within the limitations specified in 
Figure 8 of Bombardier Service Bulletin 84-26-11, Revision A, dated 
January 25, 2012: Before further flight, repair the MLG yoke, in 
accordance with Figure 9, steps 1 through 10, of Bombardier Service 
Bulletin 84-26-11, Revision A, dated January 25, 2012.
    (ii) If any damage exceeds the limitations specified in Figure 8 
of Bombardier Service Bulletin 84-26-11, Revision A, dated January 
25, 2012: Before further flight, repair the MLG yoke using a method 
approved by either the Manager, New York Aircraft Certification 
Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation (or 
its delegated agent).
    (3) Install brackets and associated hardware, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
26-11, Revision A, dated January 25, 2012.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, if those actions 
were performed before the effective date of this AD using Bombardier 
Service Bulletin 84-26-11, dated December 19, 2011, which is not 
incorporated by reference in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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.

(j) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-15, 
dated April 30, 2012 (http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/cawis-swimn/attachment.asp?aiid=CF-2012-15&revid=0&cntr=CF&file=CFCF-2012-15.pdf&type=PDE), for related information.
    (2) Service information identified in this AD that is not 
incorporated by reference in this AD may be obtained at the 
addresses specified in paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-26-11, Revision A, dated 
January 25, 2012.
    (ii) Reserved.
    (3) 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.
    (4) You may review copies of the 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on April 23, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-14430 Filed 6-27-13; 8:45 am]
BILLING CODE 4910-13-P