[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31250-31252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13950]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0125; Directorate Identifier 2016-NM-193-AD; 
Amendment 39-18946; AD 2017-14-02]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc., Model DHC-8-401 and DHC-8-402 airplanes. This AD was 
prompted by a report that a pilot was unable to move the rudder pedal 
due to an obstruction. This AD requires an inspection to determine if 
wiring shrouds are present, and modifying the wiring shrouds if 
necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective August 10, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 10, 
2017.

ADDRESSES: For service information identified in this final rule, 
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-2017-0125.

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-2017-
0125; 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: Cesar Gomez, 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: 516-228-7318; 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-8-401 and DHC-8-402 airplanes. The NPRM published in the 
Federal Register on March 2, 2017 (82 FR 12301). The NPRM was prompted 
by a report that a pilot was unable to move the rudder pedal due to an 
obstruction. The NPRM proposed to require an inspection to determine if 
wiring shrouds are present, and modifying the wiring shrouds if 
necessary. We are issuing this AD to prevent an obstruction that could 
prevent rudder pedal movement during critical phases of flight or 
ground operations, potentially resulting in loss of control of the 
airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2016-27, dated 
September 14, 2016 (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Bombardier, Inc., Model DHC-8-401 and DHC-8-402 
airplanes. The MCAI states:

    An operator reported that the flying pilot was unable to move 
the rudder pedal due to an obstruction caused by the non-flying 
pilot's foot. The shoe belonging to the non-flying pilot was placed 
between the rudder pedal and the newly installed wiring shroud and 
prevented rudder pedal movement. The wiring shroud was installed to 
support the wire harnesses installed below the cockpit instrument 
panel.
    If not corrected, this condition could prevent rudder movement 
during critical phases of flight or ground operation, and result in 
loss of control of the aeroplane.
    This [Canadian] AD was issued to re-work the wiring shrouds to 
eliminate potential for obstruction.

    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-2017-
0125.

Comments

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

Support for the NPRM

    The Air Line Pilots Association, International, stated that it 
supports the NPRM.

Request To Refer to Updated Service Information and Provide Credit

    Horizon Air requested that we revise the proposed AD to refer to 
the newest version of the service information, Bombardier Service 
Bulletin 84-25-169, Revision B, dated February 17, 2017. Horizon Air 
also asked that we provide credit for previous actions done using 
Bombardier Service Bulletin 84-25-169, Revision A, dated April 25, 
2016.
    We agree with the commenter's requests. We have determined that the 
new service information does not require any additional actions for 
airplanes modified using Revision A. We have revised this AD to refer 
to Bombardier Service Bulletin 84-25-169, Revision B, dated February 
17, 2017. We have also added paragraph (h) to this AD to provide credit 
for previous actions and redesignated subsequent paragraphs 
accordingly.

[[Page 31251]]

Request To Reference Only the Actions Required for Compliance

    Horizon Air requested that we revise the requirements of the 
proposed AD to mandate only the actions in paragraph 3.B., 
``Procedure'' of the Accomplishment Instructions of Bombardier Service 
Bulletin 84-25-169, Revision B, dated February 17, 2017, rather than 
the entire Accomplishment Instructions. Horizon Air explained that 
requiring the job set-up and close-out sections of the service 
information restricts an operator's ability to perform other 
maintenance at the same time as incorporating the service information.
    We agree with the commenter's request because it provides operators 
additional flexibility, while still ensuring the unsafe condition is 
corrected. We have revised paragraph (g) of this AD accordingly.

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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    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

    We reviewed Bombardier Service Bulletin 84-25-169, Revision B, 
dated February 17, 2017. This service information describes procedures 
for an inspection to verify if wiring shrouds are installed, and 
modification of any existing wiring shrouds. 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.

Costs of Compliance

    We estimate that this AD affects 82 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
----------------------------------------------------------------------------------------------------------------
Inspection.........................  1 work-hour x $85 per hour               $0             $85          $6,970
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary modifications 
that would be required based on the results of the inspection. We have 
no way of determining the number of aircraft that might need these 
modifications:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Modification of wiring shrouds.............  7 work-hours x $85 per hour = $595.             $71            $666
----------------------------------------------------------------------------------------------------------------

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):

2017-14-02 Bombardier, Inc.: Amendment 39-18946; Docket No. FAA-
2017-0125; Directorate Identifier 2016-NM-193-AD.

(a) Effective Date

    This AD is effective August 10, 2017.

(b) Affected ADs

    None.

[[Page 31252]]

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-401 and DHC-8-
402 airplanes, certificated in any category, as identified in 
Bombardier Service Bulletin 84-25-169, Revision B, dated February 
17, 2017.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report that a pilot was unable to move 
the rudder pedal due to an obstruction caused by the non-flying 
pilot's foot. We are issuing this AD to prevent an obstruction that 
could prevent rudder pedal movement during critical phases of flight 
or ground operations, potentially resulting in loss of control of 
the airplane.

(f) Compliance

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

(g) Inspection and Modification of Wiring Shrouds

    Within 6 months after the effective date of this AD, do a one-
time inspection to determine if wiring shrouds are installed, in 
accordance with paragraph 3.B., ``Procedure,'' of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-25-169, Revision B, 
dated February 17, 2017.
    (1) If the airplane does not have wiring shrouds installed, no 
further action is required by this AD.
    (2) If the airplane has wiring shrouds installed, before further 
flight, modify the wiring shrouds in accordance with paragraph 3.B., 
``Procedure,'' of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-25-169, Revision B, dated February 17, 2017.

    Note 1 to paragraph (g) of this AD:  Installation of wiring 
shrouds was provided in Bombardier Modification Summary Package 
(ModSum) IS4Q2500035-1, Revision A, dated July 26, 2011; Revision B, 
dated October 10, 2013; Revision C, dated March 26, 2014; or 
Revision D, dated February 26, 2016; or ModSum IS4Q2500035-2, 
Revision A, dated July 26, 2011; Revision B, dated October 10, 2013; 
Revision C, dated March 26, 2014; or Revision D, dated February 26, 
2016.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 84-25-169, 
Revision A, dated April 25, 2016.

(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 manager of 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2016-27, dated September 14, 2016, 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-2017-0125.
    (2) For more information about this AD, contact Cesar Gomez, 
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, 
FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone: 516-228-7318; fax: 516-794-5531.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (k)(4) of this AD.

(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 84-25-169, Revision B, dated 
February 17, 2017.
    (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 June 23, 2017.
Chris Spangenberg,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-13950 Filed 7-5-17; 8:45 am]
 BILLING CODE 4910-13-P