[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Proposed Rules]
[Pages 12428-12431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04887]



[[Page 12428]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0129; Directorate Identifier 2013-NM-105-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2011-15-
09, which applies to certain Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes. AD 2011-15-09 currently requires repetitive 
inspections for proper operation of the main landing gear (MLG) 
alternate extension system (AES), and corrective actions if necessary. 
Since we issued AD 2011-15-09, we have determined that, for certain 
airplanes not affected by AD 2011-15-09, a different MLG AES cam 
mechanism assembly was installed resulting in input lever fractures and 
inability to open the MLG door; those assemblies could be subject to 
the same unsafe condition in AD 2011-15-09. This new proposed AD would 
require, for certain airplanes, new repetitive inspections for proper 
operation of the MLG AES, and corrective actions if necessary. This 
proposed AD would also require eventually replacing the MLG AES cam 
mechanism assembly with a new assembly, which would terminate the 
repetitive inspections for those airplanes. We are proposing this AD to 
prevent improper operation of the cam mechanism or rupture of the door 
release cable, which could result in loss of control of the airplane 
during landing.

DATES: We must receive comments on this proposed AD by April 21, 2014.

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 view this 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 by searching for and locating Docket No. FAA-2014-
0129; 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, NY 
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-2014-0129; 
Directorate Identifier 2013-NM-105-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 July 6, 2011, we issued AD 2011-15-09, Amendment 39-16756 (76 FR 
42033, July 18, 2011). AD 2011-15-09 required actions intended to 
address an unsafe condition on the products listed above.
    Since we issued AD 2011-15-09, Transport Canada Civil Aviation 
(TCCA), which is the aviation authority for Canada, has issued Canadian 
Airworthiness Directive CF-2011-01R2, dated May 21, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    Two cases of the main landing gear (MLG) alternate extension 
system (AES) cam mechanism failure were found during line checks. 
The cam mechanism operates the cable to open the MLG door and 
releases the MLG uplock in sequence. In the case where it is 
necessary to deploy the MLG using the AES, the failure of the MLG 
AES cam mechanism on one side will lead to an unsafe asymmetrical 
landing configuration.
    Preliminary investigation indicates that the cam mechanism 
failure may have occurred and remained dormant after a previous AES 
operation. The cam mechanism may not have fully returned to the 
normal rested position. With the cam mechanism out of normal rested 
position, normal powered landing gear door operation could introduce 
sufficient loads to fracture the cam mechanism or rupture the door 
release cable.
    This [Canadian] AD mandates the initial and subsequent 
[detailed] inspections for proper operation of the MLG AES cam 
mechanism, and rectify [repair or replace cam assembly with new or 
serviceable cam assembly] as necessary.
    Since the original issue of this [Canadian] AD, Bombardier Inc. 
has determined that the existing inspection procedure is 
insufficient for verification of proper MLG AES cam mechanism 
operation, and has superseded this inspection procedure. Revision 1 
of this [Canadian] AD mandates the use of the revised inspection 
[and rectification] procedure.
    Prior to the introduction of MLG AES cam mechanism assembly part 
number (P/N) 48510-5 as terminating action, an interim MLG AES cam 
mechanism assembly P/N 48510-3 was introduced.
    Revision 2 of this [Canadian] AD updates the applicability 
paragraph, updates the MLG AES cam mechanism inspection criteria and 
mandates the terminating action.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2014-0129.

Relevant Service Information

    Bombardier has issued Repair Drawing 8/4-32-0160, Issue 5, dated 
June 6, 2012; and Issue 6, dated June 27,

[[Page 12429]]

2012. Bombardier has also issued Service Bulletin 84-32-100, Revision 
A, dated August 30, 2012. 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.

Repair Approvals

    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a Design Approval 
Holder (DAH) as a method of compliance with this provision in FAA ADs. 
Frequently, in these cases, the previously approved repair instructions 
come from the airplane structural repair manual or the DAH repair 
approval statements that were not specifically developed to address the 
unsafe condition corrected by the AD. Using repair instructions that 
were not specifically approved for a particular AD creates the 
potential for doing repairs that were not developed to address the 
unsafe condition identified by the MCAI AD, the FAA AD, or the 
applicable service information, which could result in the unsafe 
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, certain requirements of this proposed 
AD specify that the repair approval specifically refer to the FAA AD. 
This change is intended to clarify the method of compliance and to 
provide operators with better visibility of repairs that are 
specifically developed and approved to correct the unsafe condition. In 
addition, we use the phrase ``its delegated agent, or the DAH with 
State of Design Authority design organization approval, as applicable'' 
in this proposed AD to refer to a DAH authorized to approve certain 
required repairs for this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 75 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection in AD                  Up to 24            $2,609............  Up to $4,649 per    Up to $348,675 per
 2011[dash]15[dash]09, Amendment   work[dash]hours x                       inspection cycle.   inspection cycle.
 39-16756 (76 FR 42033, July 18,   $85 per hour = up
 2011).                            to $2,040 per
                                   inspection cycle.
Inspection [new proposed action]  1 work-hour x $85   $0................  $85 per inspection  $6,375 per
                                   per hour = $85                          cycle.              inspection cycle.
                                   per inspection
                                   cycle.
Replacement of both cam           4 work-hours x $85  $7,676 (2 cam       $80,167...........  $601,200.
 assemblies [new proposed          per hour = $680     assemblies).
 terminating action].              [$340 per cam
                                   assembly].
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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.

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.

[[Page 12430]]

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by removing airworthiness directive (AD) 2011-15-
09, Amendment 39-16756 (76 FR 42033, July 18, 2011), and adding the 
following new AD:

Bombardier, Inc: Docket No. FAA-2014-0129; Directorate Identifier 
2013-NM-105-AD.

(a) Comments Due Date

    We must receive comments by April 21, 2014.

(b) Affected ADs

    This AD supersedes AD 2011-15-09, Amendment 39-16756 (76 FR 
42033, July 18, 2011).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001, 
4003 through 4418 inclusive, 4422 and 4423.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that a different MLG AES 
cam mechanism assembly was installed resulting in input lever 
fractures and inability to open the MLG door; those assemblies could 
be subject to the same unsafe condition in the existing AD. We are 
issuing this AD to prevent improper operation of the cam mechanism 
or rupture of the door release cable, which could result in loss of 
control of the airplane during landing.

(f) Compliance

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

(g) Retained Detailed Inspection for Proper Operation of the MLG

    This paragraph restates the requirement in paragraph (i) of AD 
2011-15-09, Amendment 39-16756 (76 FR 42033, July 18, 2011), with 
revised service information. For airplanes with a MLG AES Cam 
Mechanism Assembly having part number (P/N) 48510-1: Within 50 
flight hours or 10 days after August 2, 2011 (the effective date of 
AD 2011-15-09, Amendment 39-16756 (76 FR 42033, July 18, 2011)), 
whichever occurs first, do a detailed inspection for proper 
operation of the MLG AES cam mechanism, in accordance with paragraph 
A) of Bombardier Repair Drawing 8/4-32-0160, Issue 3, dated February 
15, 2011; or Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated 
June 27, 2012. Repeat the inspection thereafter at intervals not to 
exceed 50 flight hours or 10 days, whichever occurs first. As of the 
effective date of this AD, use only Bombardier Repair Drawing 8/4-
32-0160, Issue 6, dated June 27, 2012.
    (1) If the cam mechanism is found to reset to the normal rested 
position without any sticking or binding, it is operating properly.
    (2) If the cam mechanism has not reset to its normal rested 
position, or if any sticking or binding is observed, before further 
flight, remove the cam assembly, in accordance with paragraph A) of 
Bombardier Repair Drawing 8/4-32-0160, Issue 3, dated February 15, 
2011; or Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June 
27, 2012, and do the actions in paragraph (g)(2)(i) or (g)(2)(ii) of 
this AD. As of the effective date of this AD, use only Bombardier 
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012.
    (i) Repair the cam mechanism assembly, including doing detailed 
inspections for discrepancies (an inspection to determine proper 
operation, an inspection for damage, an inspection for corrosion and 
cadmium coating degradation, and inspections to determine dimensions 
are within the limits specified in paragraph B) of Bombardier Repair 
Drawing 8/4-32-0160, Issue 3, dated February 15, 2011; or Bombardier 
Repair Drawing 8/4-32-0160 Issue 6, dated June 27, 2012, in 
accordance with paragraph B) of Bombardier Repair Drawing 8/4-32-
0160, Issue 3, dated February 15, 2011; and install the repaired cam 
assembly in accordance with paragraph C) of Bombardier Repair 
Drawing 8/4-32-0160, Issue 3, dated February 15, 2011; or Bombardier 
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012. As of the 
effective date of this AD, use only Bombardier Repair Drawing 8/4-
32-0160, Issue 6, dated June 27, 2012.
    (ii) Install a new or serviceable cam assembly, in accordance 
with paragraph C) of Bombardier Repair Drawing 8/4-32-0160, Issue 3, 
dated February 15, 2011; or Bombardier Repair Drawing 8/4-32-0160, 
Issue 6, dated June 27, 2012. As of the effective date of this AD, 
use only Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June 
27, 2012.
    (3) If the cam mechanism is found damaged or inoperative during 
the repair specified in paragraph (g)(2)(i) of this AD, or if any 
discrepancies are found and Bombardier Repair Drawing 8/4-32-0160, 
Issue 3, dated February 15, 2011; or Bombardier Repair Drawing 8/4-
32-0160, Issue 6, dated June 27, 2012; does not specify repairs for 
those discrepancies, or repairs specified in paragraph (g)(2)(i) of 
this AD cannot be accomplished: Before further flight, repair and 
reinstall using a method approved by the Manager, ANE-170, New York 
Aircraft Certification Office (ACO), FAA, or the TCCA (or its 
delegated agent, or the Design Approval Holder with TCCA's design 
organization approval, as applicable); or install a new or 
serviceable cam assembly, in accordance with paragraph C) of 
Bombardier Repair Drawing 8/4-32-0160, Issue 3, dated February 15, 
2011; or Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June 
27, 2012. As of the effective date of this AD, use only Bombardier 
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012, to install 
the cam assembly.

(h) New Inspection for Proper Operation of the MLG Replacement Part

    For airplanes with a MLG AES cam mechanism assembly having P/N 
48510-3: Within 1,800 flight hours or 9 months after installation of 
the assembly, whichever occurs first after the effective date of 
this AD, do a detailed inspection for proper operation of the MLG 
AES cam mechanism, in accordance with paragraph A) of Bombardier 
Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012. Repeat the 
inspection thereafter at intervals not to exceed 600 flight hours or 
3 months, whichever occurs first.
    (1) If the cam mechanism is found to reset to the normal rested 
position without any sticking or binding, it is operating properly.
    (2) If the cam mechanism has not reset to its normal rested 
position, or if any sticking or binding is observed, before further 
flight, remove the cam assembly, in accordance with paragraph A) of 
Bombardier Repair Drawing 8/4-32-0160, Issue 6, dated June 27, 2012, 
and do the actions required by paragraphs (h)(2)(i) or (h)(2)(ii) of 
this AD.
    (i) Repair the cam mechanism assembly, including doing detailed 
inspections for discrepancies (an inspection to determine proper 
operation, an inspection for damage, an inspection for corrosion and 
cadmium coating degradation, and inspections to determine dimensions 
are within the limits specified in paragraph B) of Bombardier Repair 
Drawing 8/4-32-0160, Issue 6, dated June 27, 2012), in accordance 
with paragraph B) of Bombardier Repair Drawing 8/4-32-0160, Issue 6, 
dated June 27, 2012; and install the repaired cam assembly in 
accordance with paragraph C) of Bombardier Repair Drawing 8/4-32-
0160, Issue 6, dated June 27, 2012.
    (ii) Install a new or serviceable cam assembly, in accordance 
with paragraph C) of Bombardier Repair Drawing 8/4-32-0160, Issue 6, 
dated June 27, 2012.
    (3) If the cam mechanism is found damaged or inoperative during 
the repair specified in paragraph (h)(2)(i) of this AD; or if any 
discrepancies are found and Bombardier Repair Drawing 8/4-32-0160, 
Issue 6, dated June 27, 2012, does not specify repairs for those 
discrepancies; or repairs specified in paragraph (h)(2)(i) of this 
AD cannot be accomplished: Before further flight, do the applicable 
actions required by paragraph (h)(3)(i) or (h)(3)(ii) of this AD.
    (i) Repair and reinstall using a method approved by the Manager, 
ANE-170, New York ACO, FAA, or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent, or the Design Approval Holder with 
TCCA's design organization approval, as applicable).
    For a repair method to be approved, the repair approval must 
specifically refer to this AD.
    (ii) Install a new or serviceable cam assembly, in accordance 
with paragraph C) of Bombardier Repair Drawing 8/4-32-0160, Issue 6, 
dated June 27, 2012.

(i) New Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Bombardier Repair Drawing 
8/4-32-0160, Issue 5, dated June 6, 2012.

(j) New Terminating Action

    Within 6,000 flight hours or 36 months after the effective date 
of this AD, whichever occurs first, replace any MLG AES cam

[[Page 12431]]

mechanism assembly having P/N 48510-1 or P/N 48510-3 with a new MLG 
AES cam mechanism assembly having P/N 48510-5, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
32-100, Revision A, dated August 30, 2012. Accomplishing this 
replacement terminates the repetitive inspections required by this 
AD.

(k) New Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (j) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 84-
32-100, dated August 15, 2012.

(l) 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. 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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the DAH with a State of Design Authority's 
design organization approval, as applicable). You are required to 
ensure the product is airworthy before it is returned to service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2011-01R2, dated May 21, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0129.
    (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 view this 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 February 26, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04887 Filed 3-4-14; 8:45 am]
BILLING CODE 4910-13-P