[Federal Register Volume 79, Number 239 (Friday, December 12, 2014)]
[Rules and Regulations]
[Pages 73808-73812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28923]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1029; Directorate Identifier 2013-NM-177-AD; 
Amendment 39-18042; AD 2014-25-01]
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 superseding Airworthiness Directive (AD) 2010-13-04 for 
certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2010-13-
04 required modifying the nose landing gear (NLG) trailing arm. This 
new AD requires installing a new pivot pin retention mechanism. This 
new AD also adds airplanes to the applicability. This AD was prompted 
by a report of several missing or damaged pivot pin retention bolts. We 
are issuing this AD to prevent failure of the pivot pin retention bolt, 
which could result in a loss of directional control or loss of a NLG 
tire during take-off or landing.

DATES: This AD becomes effective January 16, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 16, 
2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of July 
28, 2010 (75 FR 35622, June 23, 2010).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1029; 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, 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 to supersede AD 2010-13-04, Amendment 39-16335 (75 FR 35622, 
June 23, 2010). AD 2010-13-04 applied to certain Bombardier, Inc. Model 
DHC-8-400 series airplanes. The NPRM published in the Federal Register 
on December 24, 2013 (78 FR 77615).

[[Page 73809]]

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-29R1, dated August 14, 2013 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition on certain Bombardier, Inc. Model DHC-8-400 
series airplanes. The MCAI states:

    Two in-service incidents have been reported on DHC-8 Series 400 
aircraft in which the nose landing gear (NLG) trailing arm pivot pin 
retention bolt (part number NAS6204-13D) was damaged. One incident 
involved the left hand NLG tire which ruptured on take-off. 
Investigation determined that the retention bolt failure was due to 
repeated contact of the castellated nut with the towing device 
including both the towbar and the towbarless rigs. The loss of the 
retention bolt allowed the pivot pin to migrate from its normal 
position and resulted in contact with and rupture of the tire. The 
loss of the pivot pin could compromise retention of the trailing arm 
and could result in a loss of directional control due to loss of 
nose wheel steering. The loss of an NLG tire or the loss of 
directional control could adversely affect the aircraft during take 
off or landing.
    To prevent the potential failure of the pivot pin retention 
bolt, Bombardier Aerospace has developed a modification which 
includes a new retention bolt, a reverse orientation of the 
retention bolt and a rework of the weight on wheel (WOW) proximity 
sensor cover to provide clearance for the re-oriented retention 
bolt.
    Since the original issue of this [Canadian] AD [which 
corresponds to AD 2010-13-04, Amendment 39-16335 (75 FR 35622, June 
23, 2010)], there have been several reports of pivot pin retention 
bolts found missing or damaged. Additional investigation determined 
that the failures were caused by high contact stresses on the 
retention bolt due to excessive frictional torque on the pivot pin 
and an adverse tolerance condition at the retention bolt.
    Revision 1 of this [Canadian] AD mandates the installation of a 
new pivot pin retention mechanism.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1029-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (78 
FR 77615, December 24, 2013) and the FAA's response to each comment.

Request To Revise Required Actions of Paragraph (h) of the Proposed AD 
(78 FR 77615, December 24, 2013)

    Horizon Air requested that we revise paragraph (h) of the proposed 
AD (78 FR 77615, December 24, 2013) to refer to only the specific 
section of the Accomplishment Instructions of the service information 
that specifies the steps that correct the unsafe condition and exclude 
the steps related to the set-up and close-out actions. Horizon Air 
stated that only Part B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-32-110, Revision A, dated April 8, 2013, 
contains any corrective actions.
    We agree with the commenter's request and rationale for excluding 
the ``Job Set-Up'' and ``Close Out'' sections of Bombardier Service 
Bulletin 84-32-110, Revision A, dated April 8, 2013. We have revised 
paragraph (h) of this AD to require accomplishment of paragraph 3.B., 
``Procedure,'' of the Accomplishment Instructions of Bombardier Service 
Bulletin 84-32-110, Revision A, dated April 8, 2013.

Request To Provide Credit for Certain Actions

    Horizon Air requested that we revise the proposed AD (78 FR 77615, 
December 24, 2013) to provide credit for accomplishing Goodrich Service 
Bulletin 47100-32-96. Horizon Air stated that a nose landing gear 
repaired by Goodrich Landing Gear (or other repair station) using the 
Goodrich service information would not have any Bombardier service 
bulletin entered into the maintenance record as the service information 
that was incorporated.
    We do not agree. Paragraph (h) of this AD requires incorporating 
Bombardier Modsum 4-113749, which is entirely contained in Bombardier 
Service Bulletin 84-32-110, dated December 21, 2012; or Revision A, 
dated April 8, 2013; but not in Goodrich Service Bulletin 47100-32-96. 
The full contents of Bombardier Modsum 4-113749 must be incorporated 
and noted in the maintenance records. Goodrich Service Bulletin 47100-
32-96 is considered to be a portion of the Bombardier Modsum. 
Bombardier developed the Modsum in consideration of the overall 
structure and airworthiness of the system. Paragraph (i)(2) of this AD 
addresses the acceptable service information that we have determined 
may be used as credit for complying with the requirements of paragraph 
(h) of this AD to incorporate the Modsum. In addition, operators may 
apply for an alternative method of compliance (AMOC) under the 
provisions of paragraph (j)(1) of this AD. We have not changed this 
final rule in this regard.

``Contacting the Manufacturer'' Paragraph in 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 (78 FR 77615, December 24, 2013), 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.
    No comments were provided to the NPRM (78 FR 77615, December 24, 
2013) about these proposed changes. However, a comment was provided for 
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). 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 
requirements of the AD-mandated

[[Page 73810]]

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 the 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, the 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 previously afforded 
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 might have been issued some time before the FAA AD. Therefore, the 
DOA might 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 the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, 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 this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by the State of Design Authority for the 
DAH.

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 (78 FR 77615, December 24, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 77615, December 24, 2013).
    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 383 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Modification of the NLG trailing arm  3 work-hours x $85 per                $100            $355        $135,965
 [retained actions from AD 2010-13-    hour = $255.
 04, Amendment 39-16335 (75 FR
 35622, June 23, 2010)].
Installation of new pivot pin         2 work-hours x $85 per               (\1\)             170          65,110
 retention mechanism [new required     hour = $170.
 action].
----------------------------------------------------------------------------------------------------------------
\1\ None.

    According to the manufacturer, some 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

[[Page 73811]]

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-2013-1029; 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 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 removing Airworthiness Directive (AD) 
2010-13-04, Amendment 39-16335 (75 FR 35622, June 23, 2010), and adding 
the following new AD:

2014-25-01 Bombardier, Inc.: Amendment 39-18042. Docket No. FAA-
2013-1029; Directorate Identifier 2013-NM-177-AD.

(a) Effective Date

    This AD becomes effective January 16, 2015.

(b) Affected ADs

    This AD replaces AD 2010-13-04, Amendment 39-16335 (75 FR 35622, 
June 23, 2010).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001 
through 4435 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of several missing or damaged 
pivot pin retention bolts. We are issuing this AD to prevent failure 
of the pivot pin retention bolt, which could result in a loss of 
directional control or a nose landing gear (NLG) tire during take-
off or landing.

(f) Compliance

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

(g) Retained Actions and Compliance

    This paragraph restates the requirements of paragraph (f)(1) of 
AD 2010-13-04, Amendment 39-16335 (75 FR 35622, June 23, 2010), with 
no changes. For airplanes having serial numbers 4001, 4003, 4004, 
4006, and 4008 through 4238 inclusive: Within 2,000 flight hours 
after July 28, 2010 (the effective date of AD 2010-13-04), modify 
the NLG trailing arm by incorporating Bombardier Modification 
Summary 4-113599, in accordance with the Accomplishment Instructions 
of Bombardier Service Bulletin 84-32-65, Revision A, dated March 2, 
2009.

(h) New Requirement of This AD: Installation of a New Pivot Pin 
Retention Mechanism

    For airplanes having serial numbers 4001 through 4435 inclusive: 
Within 6,000 flight hours or 36 months after the effective date of 
this AD, whichever occurs first, install a new pivot pin retention 
mechanism by incorporating Bombardier Modification Summary 4-113749, 
in accordance with paragraph 3.B., ``Procedure,'' of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-32-
110, Revision A, dated April 8, 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 
July 28, 2010 (the effective date of AD 2010-13-04, Amendment 39-
16335 (75 FR 35622, June 23, 2010)), using the Accomplishment 
Instructions of Bombardier Service Bulletin 84-32-65, dated December 
17, 2008, which is not incorporated by reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using Bombardier Service Bulletin 84-32-
110, dated December 21, 2012, 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, ANE-
170, New York Aircraft Certification Office (ACO), 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) Contacting the Manufacturer: As of the effective date of 
this AD, 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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2009-29R1, dated August 
14, 2013, for related information. You may examine the MCAI in the 
AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1029-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference in this AD is available at the addresses 
specified in paragraphs (l)(5) and (l)(6) 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.
    (3) The following service information was approved for IBR on 
January 16, 2015.
    (i) Bombardier Service Bulletin 84-32-110, Revision A, dated 
April 8, 2013.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
July 28, 2010 (75 FR 35622, June 23, 2010).
    (i) Bombardier Service Bulletin 84-32-65, Revision A, dated 
March 2, 2009.
    (ii) Reserved.
    (5) 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.

[[Page 73812]]

    (6) 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.
    (7) 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 November 28, 2014.
John P. Piccola, Jr.,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-28923 Filed 12-11-14; 8:45 am]
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