[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Rules and Regulations]
[Pages 58344-58346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24252]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-0494; Directorate Identifier 2014-NM-160-AD; 
Amendment 39-18275; AD 2015-19-13]
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 inadvertent deployment of a single outboard spoiler 
during flight. This AD requires replacement of the power control units 
(PCUs) for the outboard spoilers with upgraded PCUs. We are issuing 
this AD to prevent leakage of the piston head seal and piston rod seals 
of the outboard spoiler PCUs, which could result in inadvertent spoiler 
deployment and reduced controllability of the airplane.

DATES: This AD becomes effective November 3, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 3, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0494; 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
0494.

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

    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 March 24, 2015 (80 FR 15521).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-22, dated July 16, 2014 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc. Model DHC-8-400 series 
airplanes. The MCAI states:

    Although [Canadian] AD CF-2009-26 [dated May 21, 2009 (http://wwwapps3.tc.gc.ca/Saf-Sec-Sur/2/CAWIS-SWIMN/attachment.asp?aiid=CF-2009-26&revid=0&cntr=CF&file=CFCF-2009-26.pdf&type=PDE), which 
corresponds to FAA AD 2009-25-05, Amendment 39-16124

[[Page 58345]]

(74 FR 63574, December 4, 2009)] was issued to mandate the upgrade 
of the spoiler lift/dump valve, it did not reduce the rate of 
inadvertent single spoiler deployment occurrences. Further 
investigation revealed that the outboard spoiler PCUs may also be 
subject to pressure reversals at the PCU main control valve seal, 
resulting in leakage at the piston head seal and piston rod seals. 
If not corrected, this condition may result in [inadvertent spoiler 
deployment and] reduced controllability of the aeroplane.
    This [Canadian] AD mandates the replacement of the existing 
outboard spoiler PCUs with the upgraded PCUs with re-designed seals 
for better leakage protection.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0494-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM (80 FR 
15521, March 24, 2015) and the FAA's response to that comment.

Request To Revise Applicability

    Horizon Air requested that the applicability of the NPRM (80 FR 
15521, March 24, 2015) be revised to specify that the NPRM would only 
be applicable to airplanes with outboard spoiler PCU part number (P/N) 
390700-1007 installed. The commenter noted that the illustrated parts 
catalog for the Bombardier, Inc. Model DHC-8-400 series airplanes 
indicates that outboard spoiler PCU P/N 390700-1009 is a direct 
replacement for P/N 390700-1007, and that these two part numbers are 
one way interchangeable. The commenter stated that operators who 
replaced outboard spoiler PCU P/N 390700-1007 with P/N 390700-1009 
prior to the effective date of the NPRM might not have recorded the 
incorporation of Bombardier Service Bulletin 84-27-63, dated October 
17, 2013, into their maintenance records and it would be an unnecessary 
regulatory burden for those operators to go back and record this 
service information. The Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-63, dated October 17, 2013, state that the PCU 
should be replaced using the guidance in the Bombardier, Inc. Model 
DHC-8-400 Aircraft Maintenance Manual; therefore the actions that would 
be mandated by the NPRM would have been accomplished.
    We agree with the commenter's request based on the information 
provided by the commenter. We have revised paragraph (c), 
``Applicability,'' of this final rule to specify that only airplanes 
having certain serial numbers and an outboard spoiler PCU having P/N 
390700-1007 installed are affected by the requirements of this final 
rule.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (80 FR 15521, March 24, 2015) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (80 FR 15521, March 24, 2015).
    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 Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 84-27-63, dated 
October 17, 2013. The service information describes procedures for 
replacement of the existing outboard spoiler PCUs with upgraded PCUs. 
This service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 82 airplanes of U.S. registry.
    We also estimate that it will take about 4 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 $27,880, or $340 per product.

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-2015-0494; 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.

[[Page 58346]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2015-19-13 Bombardier, Inc.: Amendment 39-18275. Docket No. FAA-
2015-0494; Directorate Identifier 2014-NM-160-AD.

(a) Effective Date

    This AD becomes effective November 3, 2015.

(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 and 
4003 through 4453 inclusive with an outboard spoiler power control 
unit (PCU) having part number 390700-1007 installed in the outboard 
position.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of inadvertent deployment of a 
single outboard spoiler during flight. We are issuing this AD to 
prevent leakage of the piston head seal and piston rod seals of the 
outboard spoiler PCUs, which could result in inadvertent spoiler 
deployment and reduced controllability of the airplane.

(f) Compliance

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

(g) Replacement of PCUs for the Outboard Spoilers

    Within 6,000 flight hours or 36 months after the effective date 
of this AD, whichever occurs first: Replace the outboard spoiler 
PCUs with upgraded PCUs having re-designed seals, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
27-63, dated October 17, 2013.

(h) 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 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) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2014-22, dated July 16, 2014, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2015-0494-0002.

(j) 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 84-27-63, dated October 17, 
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 September 16, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-24252 Filed 9-28-15; 8:45 am]
 BILLING CODE 4910-13-P