[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Rules and Regulations]
[Pages 56264-56267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22153]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0144; Directorate Identifier 2013-NM-232-AD; 
Amendment 39-17970; AD 2014-19-02]
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, -401, and -402 airplanes. This AD was 
prompted by reports of rudder bearings falling out of the fore rudder 
hinge bracket during assembly. This AD requires a proof load test and 
detailed inspections; and installation of a new bearing, reaming, or 
repair of the bearing if necessary. We are issuing this AD to detect 
and correct improper bearing installation, which could result in 
abnormal wear and potential increased freeplay in the rudder system, 
and resultant airframe vibration, leading to compromise of the flutter 
margins of the airplane.

DATES: This AD becomes effective October 24, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 24, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0144 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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.

FOR FURTHER INFORMATION CONTACT: Ricardo Garcia, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7331; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier Model 
DHC-8-400, -401, and -402 airplanes. The NPRM published in the Federal 
Register on March 25, 2014 (79 FR 16245).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-34, dated November 1, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for certain Bombardier Model DHC-8-400, -
401, and -402 airplanes. The MCAI states:


[[Page 56265]]


    It was reported that rudder bearings were falling out of the 
fore rudder hinge bracket during assembly. Investigation revealed 
the root cause as improper application of the adhesive compound and 
the lack of application of sealant during the installation of the 
rudder bearings into the fore rudder hinge bracket. The improper 
bearing installation, if not corrected, could result in abnormal 
wear and could potentially increase the freeplay in the rudder 
system. This may result in airframe vibration, eventually 
compromising the flutter-margins of the aeroplane.
    This [Canadian] AD mandates the inspection, and rectification as 
required, of the fore rudder bearings in the hinge bracket assembly.

Required actions include a proof load test for slippage and freeplay. 
Related investigative actions include a detailed inspection of a 
certain bearing for damage, corrosion, and dimension conformity; and a 
detailed inspection of the fitting bore of the fore rudder hinge 
bracket for wear, damage, corrosion, and dimension conformity. 
Corrective actions include installation of a new bearing, reaming, or 
repair of the bearing. You may examine the MCAI in the AD docket on the 
Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-
0144-0002.

Revised Service Information

    Since the NPRM (79 FR 16245, March 25, 2014) was issued, Bombardier 
has issued Service Bulletin 84-27-44, Revision `B', dated February 11, 
2014. Among other things, Bombardier Service Bulletin 84-27-44, 
Revision `B', dated February 11, 2014, clarifies a note, and corrects a 
task number for the operational check of the rudder control system.
    We have revised this AD to include Bombardier Service Bulletin 84-
27-44, Revision `B', dated February 11, 2014, as an additional source 
of appropriate service information. We also have revised paragraph (i) 
of this AD to include Bombardier Service Bulletin 84-27-44, Revision 
`A,' dated June 10, 2009, as service information that can be used for 
credit for previous accomplishment of certain actions required by this 
AD.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 16245, March 25, 2014) and the FAA's response to each comment.

Request To Change Airworthy Product Paragraph

    Horizon Air requested that we revise the Airworthy Product 
paragraph, i.e., paragraph (j)(2) of the NPRM (79 FR 16245, March 25, 
2014), to either remove or change the sentence that states, in part, 
that ``repair approvals must specifically refer to this AD.''
    Horizon Air reasoned that the sentence in question places an 
unnecessary regulatory burden on operators with airplanes that are 
built in Canada. Horizon Air explained that since TCCA is the State 
holding Design Authority for Bombardier, Inc. Model DHC-8-400 series 
airplanes, any repairs created by Bombardier would have to be in 
compliance with the TCCA AD, and the repair would specifically refer to 
the TCCA AD.
    The commenter added that the bilateral agreement between Canada and 
the United States accepts documents approved by TCCA as meeting the 
requirements for FAA-approval. The commenter questioned whether the 
U.S. AD number is necessary when the repair is approved by TCCA and the 
repair specifically refers to the Canadian AD, and asked what value is 
added by specifically referring to the U.S. AD if the repair meets the 
approval requirements of the State holding the Design Authority. 
Horizon Air noted that the language in paragraph (j)(2) of the NPRM (79 
FR 16245, March 25, 2014) would force operators that incorporated a 
repair method prior to the effective date of the AD to go back to the 
manufacturer and request a revision to the repair method to add the 
U.S. AD number, even if the repair method referenced the TCCA AD.
    Horizon Air also explained that it discussed the statement 
concerning repair approvals with Bombardier Aerospace, Toronto. The 
Engineering Department management of Bombardier Aerospace, Toronto, 
stated they are under the TCCA umbrella, and they can refer only to a 
TCCA AD on their repair drawings. If this requirement is retained in 
the U.S. AD as written, it would require an operator to somehow have a 
repair drawing revised to include the U.S. AD number. This is a 
difficult task, considering the manufacturer's stated position that 
they currently do not include the U.S. AD number, and they have no 
internal processes to add it. The statement in the U.S. AD should allow 
the TCCA AD number as an equivalent to the U.S. AD number.
    Horizon Air also noted that an operator could pursue an alternative 
method of compliance (AMOC) but that would add additional time and cost 
to compliance. The additional time required for an AMOC will most 
likely delay returning the airplanes to service, and if the AMOC is 
needed on a weekend or federal holiday, the return to service would 
take even longer.
    We concur with the commenter's request to remove from this AD the 
requirement that repair approvals must specifically refer to this AD. 
Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD. The MCAI or referenced service 
information in an FAA AD often directs the owner/operator to contact 
the manufacturer for corrective actions, such as a repair. Briefly, the 
Airworthy Product paragraph allowed owners/operators to use corrective 
actions provided by the manufacturer if those actions were FAA-
approved. In addition, the paragraph stated that any actions approved 
by the State of Design Authority (or its delegated agent) are 
considered to be FAA-approved.
    In the NPRM (79 FR 16245, March 25, 2014), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was 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 proposed to change the phrase ``its 
delegated agent'' to include a design approval holder (DAH) with State 
of Design Authority design organization approval (DOA), as applicable, 
to refer to a DAH authorized to approve required repairs for the 
proposed AD.
    A related comment was provided for an NPRM having Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), which 
applies to certain Airbus airplane models. The commenter stated the 
following: ``The proposed wording, being specific to repairs, 
eliminates the interpretation that Airbus messages are acceptable for 
approving minor deviations (corrective actions) needed during 
accomplishment of an AD mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the

[[Page 56266]]

requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that, for any requirement in this AD to obtain corrective 
actions from a manufacturer, the actions must be accomplished using a 
method approved by the FAA, TCCA, or Bombardier, Inc.'s TCCA Design 
Approval Organization (DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DAO, the approval must include the DAO-authorized 
signature. The DAO signature indicates that the data and information 
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility afforded previously 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013), pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI may have been issued some time before the FAA AD. Therefore, the 
DOA may have provided U.S. operators with an approved repair, developed 
with full awareness of the unsafe condition, before the FAA AD is 
issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed from this AD the requirement 
that the DAH-provided repair specifically refer to this AD. Before 
adopting such a requirement in the future, the FAA will coordinate with 
affected DAHs and verify they are prepared to implement means to ensure 
that their repair approvals consider the unsafe condition addressed in 
an AD. Any such requirements will be adopted through the normal AD 
rulemaking process, including notice-and-comment procedures, when 
appropriate.
    We have also decided not to include a generic reference to either 
the ``delegated agent'' or the ``DAH with State of Design Authority 
design organization approval,'' but instead we will provide the 
specific delegation approval granted by the State of Design Authority 
for the DAH throughout this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 16245, March 25, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 16245, March 25, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 78 airplanes of U.S. registry.
    We also estimate that it will take about 7 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 $0 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $46,410, or $595 per product.
    In addition, we estimate that any necessary follow-on actions will 
take about 8 work-hours and require parts costing $155, for a cost of 
$835 per product. We have no way of determining the number of aircraft 
that might need this action.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0144; or in person at the 
Docket Management Facility 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

[[Page 56267]]

800-647-5527) is in the ADDRESSES section.

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):

2014-19-02 Bombardier, Inc.: Amendment 39-17970. Docket No. FAA-
2014-0144; Directorate Identifier 2013-NM-232-AD.

(a) Effective Date

    This AD becomes effective October 24, 2014.

(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 4166 
through 4175, inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of rudder bearings falling out 
of the fore rudder hinge bracket during assembly. We are issuing 
this AD to detect and correct improper bearing installation, which 
could result in abnormal wear and potential increased freeplay in 
the rudder system, and resultant airframe vibration, leading to 
compromise of the flutter margins of the airplane.

(f) Compliance

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

(g) Proof Load Test

    Within 2,000 flight hours or 12 months after the effective date 
of this AD, whichever occurs first, do a proof load test for 
slippage and freeplay (relative movement between the bearing and 
fitting), in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-27-44, Revision `B,' dated February 
11, 2014. If no slippage or freeplay is detected during the proof 
load test required by this paragraph, before further flight, 
identify the area with a marker and apply sealant if missing, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-44, Revision `B,' dated February 11, 2014; 
and after identifying the area with a marker and applying sealant, 
no further action is required by this AD.

(h) Rectification

    If any slippage or freeplay (relative movement between the 
bearing and fitting) is detected during the test required by 
paragraph (g) of this AD, before further flight, do the actions 
specified in paragraphs (h)(1) and (h)(2) of this AD.
    (1) Do a detailed inspection of bearing DSC8-6 for damage, 
corrosion, and dimension conformity, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-27-44, 
Revision `B,' dated February 11, 2014. If damage, corrosion, or 
dimension non-conformity is found, before further flight, install 
new bearing DSC8-6, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-27-44, Revision `B,' 
dated February 11, 2014.
    (2) Do a detailed inspection of the fitting bore of the fore 
rudder hinge bracket assembly for wear, damage, corrosion, and 
dimension conformity, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-27-44, Revision `B,' 
dated February 11, 2014.
    (i) If damage, corrosion, or dimension non-conformity is found 
during the inspection required by paragraph (h)(2) of this AD, 
before further flight, ream the inside diameter, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
27-44, Revision `B,' dated February 11, 2014.
    (ii) If bore wear or damage beyond 0.8140-inch diameter is found 
during the inspection required by paragraph (h)(2) of this AD, 
before further flight, repair using a method approved by the 
Manager, New York ACO, ANE-170, Engine and Propeller Directorate, 
FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, 
Inc.'s TCCA Design Approval Organization (DAO). If approved by the 
DAO, the approval must include the DAO-authorized signature.

(i) 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 Service 
Bulletin 84-27-44, dated April 13, 2009; or Bombardier Service 
Bulletin 84-27-44, Revision `A,' dated June 10, 2009; which are 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 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 New York 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, Engine and Propeller Directorate, FAA; or TCCA; or 
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-34, dated November 
1, 2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0144-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available 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 84-27-44, Revision `B,' dated 
February 11, 2014. (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 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 September 8, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-22153 Filed 9-18-14; 8:45 am]
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