[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5025-5028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01180]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0188; Directorate Identifier 2013-NM-157-AD; 
Amendment 39-18079; AD 2015-02-12]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by reports of two in-service incidents where one side of the main 
landing gear (MLG) did not achieve down-lock. This AD requires doing a 
detailed inspection of the apex joints of the stabilizer brace lock 
link in the MLG for clearance; rectifying and repairing the clearance 
gap, if necessary; and lubricating the apex joints of the stabilizer 
brace lock link in the MLG. We are issuing this AD to detect and 
correct insufficiently greased stabilizer brace lock linkage of the MLG 
and over-torqued lock linkage attachment bolts, which could lead to the 
failure to extend and down-lock the MLG, and could affect the safe 
landing of the airplane.

DATES: This AD becomes effective March 6, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 6, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0188 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: Luke Walker, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7363; 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, Inc. 
Model DHC-8-400 series airplanes. The NPRM published in the Federal 
Register on April 8, 2014 (79 FR 19299).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-19, dated July 18, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition certain Bombardier, Inc. Model DHC-8-400 series 
airplanes. The MCAI states:

    There have been two reported in-service incidents where one side 
of the main landing gear (MLG) did not achieve down-lock resulting 
in a gear unsafe indication. In both cases, the MLG was ultimately 
extended and down-lock was achieved through the use of the alternate 
extension system or by cycling the MLG. The investigation revealed 
that in both cases, the MLG stabilizer brace lock linkages were 
insufficiently greased and the lock linkage attachment bolts were 
over-torqued.
    Failure to extend and down-lock the MLG could adversely affect 
the safe landing of the aeroplane.
    This [TCCA] AD mandates the [detailed] inspection, rectification 
[and repair the clearance gap] as required, and lubrication of both 
MLG stabilizer brace lock link apex joints.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0188-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 19299, April 8, 2014) and the FAA's response to each comment.

Request To Include Only Requirements That Affect the Unsafe Condition

    Horizon Air requested that the NPRM (79 FR 19299, April 8, 2014) 
require only the section of the Accomplishment Instructions that 
corrects the unsafe condition. Horizon Air stated that the job set-up 
and close-out sections

[[Page 5026]]

specified in the Accomplishment Instructions of Bombardier Service 
Bulletin 84-32-121, dated May 27, 2013, do not directly correct the 
unsafe condition. Horizon Air also stated that incorporating the job 
set-up and close-out sections as a requirement of the NPRM restricts 
the operator's ability to perform other maintenance in conjunction with 
the incorporation of the service information. Horizon Air stated that 
it would like the NPRM to mandate section 3.B. of the Accomplishment 
Instructions, which addresses the unsafe condition.
    We agree with the commenter's request and rationale. We have 
changed paragraphs (g), (g)(2), and (h) of this AD to specify that the 
actions be done in accordance with paragraph 3.B., ``Procedure,'' of 
the Accomplishment Instructions of Bombardier Service Bulletin 84-32-
121, dated May 27, 2013.

Request To Remove Requirement To Include AD Reference in Repair 
Approvals

    Horizon Air requested that the sentence in paragraph (g)(2) of the 
NPRM (79 FR 19299, April 8, 2014), stating, ``For a repair method to be 
approved, the repair approval must specifically refer to this AD,'' be 
removed. Horizon Air stated the sentence should not be included in the 
NPRM, or at the very least it should be modified because it will place 
an unnecessary regulatory burden on operators with airplanes built in 
Canada.
    Horizon Air stated that Transport Canada Civil Aviation (TCCA) is 
the aviation authority for the Bombardier, Inc. Model DHC-8-400 series 
airplanes. Horizon Air also stated that the NPRM restates the 
requirement of the Canadian AD. Horizon Air stated that any repairs 
created by Bombardier, Inc. would have to be in compliance with the 
Canadian AD and the repair would specifically refer to the Canadian AD. 
Horizon Air stated that the bilateral agreement between Canada and the 
United States accepts documents approved by TCCA as meeting the 
requirements for FAA approval. Horizon Air asked whether the FAA AD 
number is really necessary when the repair is approved by TCAA and 
specifically refers to the Canadian AD. Horizon Air also stated that 
the repair meets the approval requirements from TCAA.
    Horizon Air stated that the language specified in paragraph (g)(2) 
of the NPRM would force an operator who 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 FAA AD number, 
even if the repair method referenced the Canadian AD.
    Horizon Air stated that it has discussed this statement with 
Bombardier Aerospace, and the Q400 Engineering Department Management 
stated it is under the TCCA ``umbrella'' and it can only make reference 
to a Canadian AD on its repair drawings. Horizon Air stated that if 
this requirement is retained in the NPRM it would require an operator 
to somehow have a repair drawing revised to include the FAA AD number. 
Horizon Air also stated that this statement in the NPRM should allow 
the Canadian AD number to be equivalent to the FAA AD number.
    Horizon Airlines stated that an operator could pursue an 
alternative method of compliance (AMOC), but that would add additional 
time and cost to comply with the NPRM. Horizon Airlines also stated 
that the additional time required for an AMOC will most likely delay 
the airplane's return to service. Horizon Airlines stated that if the 
AMOC is needed on a weekend or on a 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 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 19299, April 8, 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 ``the Design Approval Holder (DAH) with a 
State of Design Authority's design organization approval (DOA)'' to 
refer to a DAH authorized to approve required repairs for the AD.
    Comments were provided to another NPRM (Directorate Identifier 
2012-NM-101-AD (79 FR 19299, April 8, 2014)) about these proposed 
changes. One commenter (UPS) to that NPRM 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 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.

[[Page 5027]]

Consistent with long-standing FAA policy, such flexibility was never 
intended for required actions. This is also consistent with the 
recommendation of the AD 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 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 DAO 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 DAO and obtain a new 
approval document, adding time and expense to the compliance process 
with no safety benefit.
    Based on the comment, we removed the requirement from this AD 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.

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 19299, April 8, 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 19299, April 8, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information

    Bombardier, Inc., has issued Bombardier Service Bulletin 84-32-121, 
dated May 27, 2013. This service information describes doing a detailed 
inspection of the apex joints of the stabilizer brace lock link in the 
MLG for clearance; rectifying and repairing the clearance gap, if 
necessary; and lubricating the apex joints of the stabilizer brace lock 
link in the MLG. You can find this information at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0188.

Costs of Compliance

    We estimate that this AD affects 75 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. 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 $19,125, or $255 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.

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-2014-0188; 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 adding the following new airworthiness 
directive (AD):

2015-02-12 Bombardier, Inc.: Amendment 39-18079. Docket No. FAA-
2014-0188; Directorate Identifier 2013-NM-157-AD.

(a) Effective Date

    This AD becomes effective March 6, 2015.

[[Page 5028]]

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401 and -
402 airplanes, certificated in any category, serial numbers 4001 
through 4454 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of two in-service incidents 
where one side of the main landing gear (MLG) did not achieve down-
lock. We are issuing this AD to detect and correct insufficiently 
greased stabilizer brace lock linkage of the MLG and over-torqued 
lock linkage attachment bolts, which could lead to the failure to 
extend and down-lock the MLG, and could affect the safe landing of 
the airplane.

(f) Compliance

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

(g) Inspection

    Within 1,000 flight hours or 6 months after the effective date 
of this AD, whichever occurs first: Do a detailed inspection of the 
apex joints of the stabilizer brace lock link in the main landing 
gear (MLG) for clearance, in accordance with paragraph 3.B., 
``Procedure,'' of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-121, dated May 27, 2013.
    (1) If the clearance gap is 0.001 inches (0.025 millimeters) or 
greater, do the action in paragraph (h) of this AD at the time 
specified in paragraph (h) of this AD.
    (2) If the clearance gap is less than 0.001 inches (0.025 
millimeters), before further flight, rectify the clearance gap, in 
accordance with paragraph 3.B., ``Procedure,'' of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-32-121, dated May 27, 
2013; and do the action in paragraph (h) of this AD at the time 
specified in paragraph (h) of this AD. If the clearance gap cannot 
be rectified in accordance with Bombardier Service Bulletin 84-32-
121, dated May 27, 2013: Before further flight, repair using a 
method approved by the Manager, New York Aircraft Certification 
Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation 
(TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization 
(DAO). After the repair is done, do the action in paragraph (h) of 
this AD at the time specified in paragraph (h) of this AD.
    Note 1 to paragraphs (g) and (h) of this AD: Completion of the 
actions in this AD does not affect the actions specified in the 
existing maintenance review board (MRB) task number 320001-201.

(h) Lubrication

    Within 1,000 flight hours or 6 months after the effective date 
of this AD, whichever occurs first: Lubricate the apex joints of the 
stabilizer brace lock link in the MLG, in accordance with paragraph 
3.B., ``Procedure,'' of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-32-121, dated May 27, 2013.

(i) 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.
    (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, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved 
by the DAO, the approval must include the DAO-authorized signature.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2013-19, dated July 31, 2013, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov. This MCAI may be found 
in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating it in Docket No. FAA-2014-0188.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-32-121, dated May 27, 2013.
    (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 January 14, 2015.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-01180 Filed 1-29-15; 8:45 am]
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