[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Rules and Regulations]
[Pages 74287-74289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25747]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8464; Directorate Identifier 2015-NM-050-AD; 
Amendment 39-18692; AD 2016-22-03]
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 all 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by a revision by the manufacturer to the Certification Maintenance 
Requirements (CMR) of the Airworthiness Limitation Items (ALI), in the 
Maintenance Requirement Manual (MRM), that introduces a new CMR task 
that requires repetitive operational checks of the propeller overspeed 
governor. This AD requires revising the airplane maintenance or 
inspection program, as applicable, to incorporate a new CMR task. We 
are issuing this AD to prevent dormant failure of the propeller 
overspeed governor, which may lead to a loss of propeller overspeed 
protection and result in high propeller drag in flight.

DATES: This AD is effective November 30, 2016.

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-2015-
8464; 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 Office (telephone: 
800-647-5527) is 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 20590.

FOR FURTHER INFORMATION CONTACT: Morton Lee, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone: 516-228-7355; 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 all Bombardier, Inc. Model 
DHC-8-400 series airplanes. The NPRM published in the Federal Register 
on January 19, 2016 (81 FR 2785) (``the NPRM''). The NPRM was prompted 
by a revision by the manufacturer to the CMR of the ALI, in the MRM, 
that introduces a new CMR task that requires repetitive operational 
checks of the propeller overspeed governor. The NPRM proposed to 
require revising the airplane maintenance or inspection program, as 
applicable, to incorporate a new CMR task. We are issuing this AD to 
prevent dormant failure of the propeller overspeed governor, which may 
lead to a loss of propeller overspeed protection and result in high 
propeller drag in flight.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2014-43, dated December 
18, 2014 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all Bombardier, Inc. Model DHC-8-400 series airplanes. 
The MCAI states:

    Bombardier Inc. has revised the Maintenance Requirement Manual 
PSM-1-84-7, Airworthiness Limitation Items (ALI), Part 2, Section 1, 
Certification Maintenance Requirements (CMR). This revision 
introduces a new CMR task, task number 612000-109, for the 
Operational Check of the Propeller Overspeed Governor to be 
performed every 200 flight hours.
    This new task was introduced to minimize the probability of 
dormant failure of the propeller overspeed governor, which may lead 
to a loss of propeller overspeed protection and result in high 
propeller drag in-flight.
    This [Canadian] AD is issued to mandate the incorporation of a 
new CMR task for the Propeller Overspeed Governor.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8464.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM and 
the FAA's response.

[[Page 74288]]

Request To Specify Temporary Revision (TR) as Method of Compliance

    Horizon Air requested that we revise paragraph (g) of the proposed 
AD, which would require revising the maintenance or inspection program, 
as applicable, to incorporate an operational check of the propeller 
overspeed governor using a method approved by the Manager, New York 
ACO, ANE-170, FAA. Horizon Air requested that we instead allow an 
operational check of the propeller overspeed governor using Bombardier 
``Temporary Revision (TR) ALI-129 of the DHC-8 Series 400 Maintenance 
Requirements Manual, PSM-1-84-7.'' Horizon stated that the revised AD 
would then be similar to previous ADs that have mandated incorporation 
of maintenance program tasks. Horizon Air also requested that we add a 
note that allows the incorporation of the TR by the general revisions 
of the maintenance requirements manual (MRM).
    We do not agree with the commenter's request. Because of certain 
formatting anomalies in the document, we cannot incorporate it by 
reference in this AD, so this AD requires revising the maintenance or 
inspection program to incorporate an operational check, using a method 
approved by the Manager, New York ACO, ANE-170, FAA. We referred to CMR 
task number 612000-109 of the MRM in note 1 to paragraph (g) of this AD 
to inform operators that the TR to the MRM is an additional source of 
guidance for the operational check of the propeller overspeed governor. 
We have not changed this AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 82 airplanes of U.S. registry.
    We also estimate that it would take about 1 work-hour 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. operators to be $6,970, or $85 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.

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):

2016-22-03 Bombardier, Inc.: Amendment 39-18692; Docket No. FAA-
2015-8464; Directorate Identifier 2015-NM-050-AD.

(a) Effective Date

    This AD is effective November 30, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 61, Propellers/
propulsors.

(e) Reason

    This AD was prompted by a revision by the manufacturer to the 
Certification Maintenance Requirements (CMR) of the Airworthiness 
Limitation Items (ALI), in the Maintenance Requirement Manual (MRM), 
that introduces a new CMR task that requires repetitive operational 
checks of the propeller overspeed governor. We are issuing this AD 
to prevent dormant failure of the propeller overspeed governor, 
which may lead to a loss of propeller overspeed protection and 
result in high propeller drag in flight.

(f) Compliance

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

(g) Maintenance Program or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance program or inspection program, as applicable, to 
incorporate an operational check of the propeller overspeed 
governor, CMR task number 612000-109, to be performed every 200 
flight hours, using a method approved by the Manager, New York 
Aircraft Certification Office (ACO), ANE-170, FAA.

    Note 1 to paragraph (g) of this AD: CMR task number 612000-109, 
Operational Check of the Propeller Overspeed Governor, in Bombardier 
Q400 Dash 8 Temporary Revision (TR) ALI-129, dated September 3, 
2013, is an additional source of guidance for the operational check 
of the propeller overspeed governor specified in paragraph (g) of 
this AD.

(h) 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

[[Page 74289]]

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.
    (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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2014-43, dated December 18, 2014, for related 
information. This MCAI may be found in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2015-8464.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at 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.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on October 13, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25747 Filed 10-25-16; 8:45 am]
 BILLING CODE 4910-13-P