[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17390-17393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06636]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0171; Directorate Identifier 2014-NM-038-AD; 
Amendment 39-17812; AD 2014-06-08]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8 airplanes. This AD requires repetitive 
functional checks of the nose and main landing gear, and corrective 
actions if necessary. This AD also provides optional terminating action 
for the repetitive functional checks. This AD was prompted by a report 
that the emergency downlock indication system (EDIS) had given a false 
landing gear down-and-locked indication. We are issuing this AD to 
detect and correct a false down-and-locked landing gear indication, 
which, on landing, could result in possible collapse of the landing 
gear.

DATES: This AD becomes effective April 14, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 14, 
2014.
    We must receive comments on this AD by May 12, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

[[Page 17391]]

11.43 and 11.45, 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 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-
0171; 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 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: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, issued Canadian Airworthiness Directive CF-2014-
11, dated February 13, 2014 (the Mandatory Continuing Airworthiness 
Information, referred to after this as ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    During an in-service event where the landing gear control panel 
indicated an unsafe nose landing gear, the flight crew observed that 
all three green lights were illuminated on the emergency downlock 
indication system. The nose landing gear was not down and locked, 
and collapsed during landing.
    Investigation found ambient light and wiring shorts can lead to 
incorrect illumination of the green lights on the emergency downlock 
indication system.
    This [TCCA] AD mandates the functional check of the nose and 
main landing gear alternate indication phototransistors and the 
modification of the emergency downlock indication system.

    The unsafe condition is a false down-and-locked landing gear 
indication, which, on landing, could result in possible collapse of the 
landing gear. This AD provides the modification as optional terminating 
action for the repetitive functional checks of the alternate indication 
phototransistors of the nose and main landing gear. You may examine the 
MCAI on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2014-0171.

Relevant Service Information

    Bombardier has issued the following service bulletins.

 Bombardier Service Bulletin 8-32-173, Revision A, dated 
December 17, 2012.
 Bombardier Service Bulletin 8-32-176, Revision A, dated 
February 22, 2013.
 Bombardier Service Bulletin 8-32-177, dated October 9, 2013.
 Bombardier Service Bulletin 8-33-56, Revision A, dated 
February 22, 2013.

    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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Difference Between This AD and the MCAI or Service Information

    Canadian Airworthiness Directive CF-2014-11, dated February 13, 
2014, requires modification of the EDIS. We have determined that this 
EDIS modification would eliminate the need for the functional checks of 
the alternate indication phototransistors of the nose and main landing 
gear required by this AD. Therefore, this final rule provides for the 
modification as an optional terminating action for the functional 
checks. However, we are considering further rulemaking to require the 
modification on all affected airplanes.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
ambient light and wiring shorts can lead to incorrect illumination of 
the green lights on the EDIS. This condition could lead to the landing 
gear not being down and locked, and consequent landing gear collapse 
during landing. Therefore, we determined that notice and opportunity 
for public comment before issuing this AD are impracticable and that 
good cause exists for making this amendment effective in fewer than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2014-0171; Directorate 
Identifier 2014-NM-038-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 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 AD.

Costs of Compliance

    We estimate that this AD affects 85 airplanes 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. Based on these figures, we estimate the cost 
of this AD on U.S.

[[Page 17392]]

operators to be $21,675, or $255 per product, per inspection cycle.
    We estimate that it would take up to 40 work-hours per product to 
do the optional terminating action provided in this AD. Parts would 
cost up to $19,436.00 per product. Based on these figures, we estimate 
the cost of this AD on U.S. operators to be up to $1,941,060, or 
$22,836 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, all of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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.

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 airworthiness 
directive (AD):

2014-06-08 Bombardier, Inc.: Amendment 39-17812. Docket No. FAA-
2014-0171; Directorate Identifier 2014-NM-038-AD.

(a) Effective Date

    This AD becomes effective April 14, 2014.

(b) Affected ADs

    None.

(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 through 672 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report that the emergency downlock 
indication system had given a false landing gear down-and-locked 
indication. We are issuing this AD to detect and correct a false 
down-and-locked landing gear indication, which, on landing, could 
result in possible collapse of the landing gear.

(f) Compliance

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

(g) Functional Check

    Within 600 flight hours or 100 days, whichever occurs first 
after the effective date of this AD: Perform a functional check of 
the alternate indication phototransistors of the nose and main 
landing gear; and do all applicable corrective actions; in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-32-173, Revision A, dated December 17, 2012. Do 
all applicable corrective actions before further flight. Repeat the 
functional check thereafter at intervals not to exceed 600 flight 
hours or 100 days, whichever occurs first, until accomplishment of 
the applicable actions specified in paragraph (h) of this AD.

(h) Optional Terminating Action

    Accomplishment of the applicable actions specified in paragraphs 
(h)(1) through (h)(3) of this AD terminates the requirements of 
paragraph (g) of this AD.
    (1) For airplanes configured as described in Modsum 8/1519: 
Incorporate Modsum 8Q101968, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-33-56, Revision A, 
dated February 22, 2013.
    (2) For airplanes configured as described in Modsum 8/0235, 8/
0461, and 8/0534: Incorporate Modsum 8Q101955, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 8-32-
176, Revision A, dated February 22, 2013.
    (3) For airplanes not configured as described in Modsum 8/0534: 
Incorporate Modsum 8Q101969, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-32-177, dated October 
9, 2013.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 8-32-
173, dated October 28, 2011, which is not incorporated by reference 
in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h)(1) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 8-
33-56, dated February 11, 2013, which is not incorporated by 
reference in this AD.
    (3) This paragraph provides credit for actions required by 
paragraph (h)(2) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 8-
32-176, dated February 11, 2013, which is not incorporated by 
reference in this AD.

(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, 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.

[[Page 17393]]

    (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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-11, dated February 
13, 2014, for related information. You may examine the MCAI on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2014-0171.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (l)(3) and (l)(4) of this AD.

(l) 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 this AD specifies otherwise.
    (i) Bombardier Service Bulletin 8-32-173, Revision A, dated 
December 17, 2012.
    (ii) Bombardier Service Bulletin 8-32-176, Revision A, dated 
February 22, 2013.
    (iii) Bombardier Service Bulletin 8-32-177, dated October 9, 
2013.
    (iv) Bombardier Service Bulletin 8-33-56, Revision A, dated 
February 22, 2013.
    (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 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.
    (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 March 19, 2014.
Ross Landes,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-06636 Filed 3-27-14; 8:45 am]
BILLING CODE 4910-13-P