[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Proposed Rules]
[Pages 32496-32498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14591]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8434; Directorate Identifier 2015-NM-082-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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

SUMMARY: We are revising an earlier proposal for certain Bombardier, 
Inc., Model DHC-8-401 and -402 airplanes. This action revises the 
notice of proposed rulemaking (NPRM) by adding certain airplanes to the 
applicability and adding specified actions. We are proposing this 
airworthiness directive (AD) to address the unsafe condition on these 
products. Since these changes increase the scope of the NPRM, we are 
reopening the comment period to allow the public the chance to comment 
on these proposed changes.

DATES: The comment period for the NPRM published in the Federal 
Register on January 13, 2016 (81 FR 1586), is reopened.
    We must receive comments on this SNPRM by August 28, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
     For service information identified in this proposed 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.

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-
8434; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments 
will be available in the AD docket shortly after receipt.

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: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2015-8434; 
Directorate Identifier 2015-NM-082-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Bombardier, Inc. Model DHC-8-401 and -402 
airplanes. The

[[Page 32497]]

NPRM published in the Federal Register on January 13, 2016 (81 FR 1586) 
(``the NPRM''). The NPRM was prompted by a discovery of cracking on two 
test spoiler power control units (PCUs) manifolds during testing by the 
manufacturer. The NPRM proposed to require replacement of affected 
spoiler PCUs.

Actions Since the NPRM Was Issued

    Since we issued the NPRM, we have determined that certain airplanes 
were inadvertently omitted from the applicability of the NPRM; and 
additional actions were necessary.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-07R2, dated December 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 -402 airplanes. The MCAI states:

    During endurance and impulse testing of the spoiler PCU, cracks 
were discovered on two test spoiler PCU manifolds. Investigation 
determined that the crack initiation was due to the heat treat 
process. A cracked spoiler PCU manifold could cause the loss of one 
of the two hydraulic systems, resulting in the loss of multiple 
flight controls and landing gear systems. This condition, if not 
corrected, could adversely affect the continued safe operation and 
landing of the aeroplane.
    This [Canadian] AD mandates the replacement of the affected 
spoiler PCUs.
    Revision 1 of this [Canadian] AD was issued to extend the 
applicability to include additional aeroplane serial numbers and 
also modify the Corrective Actions to specifically mandate section 
3.B of the [Service Bulletin] SB 84-27-64, Revision A.
    Revision 2 of this [Canadian] AD was issued to correct the SB 
referenced in the Background section. SB 84-27-64, Revision A should 
have been referenced in lieu of SB 84-27-63, Revision A.

    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-
8434.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Bombardier Service Bulletin 84-27-64, 
Revision A, dated July 26, 2016. The service information describes 
procedures for replacement of affected spoiler PCU manifolds.
    Parker-Hannifin Corporation has issued Parker Service Bulletin 
390700-27-002, Revision 1, dated April 13, 2016. This service bulletin 
identifies affected spoiler PCUs that need to be returned to Parker 
Customer Support for rework.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comment received.

Request To Remove Requirement for Job Set-up and Close-out

    Horizon Air requested that paragraph (g) of the proposed AD (in the 
NPRM) be revised to remove the requirement for job set-up and close-out 
in the Accomplishment Instructions of Bombardier Service Bulletin 84-
27-64, dated July 15, 2014. Horizon Air stated that performing the job 
set-up and close-out sections specified in Bombardier Service Bulletin 
84-27-64, dated July 15, 2014, as a requirement of the AD, restricts an 
operator's ability to perform other maintenance in conjunction with 
incorporating Bombardier Service Bulletin 84-27-64, dated July 15, 
2014.
    We agree that job set-up and close-out may be done using approved 
procedures other than those provided in the Accomplishment Instructions 
of Bombardier Service Bulletin 84-27-64, dated July 15, 2014, or 
Revision A, dated July 26, 2016. Therefore, access and close would not 
be specifically required by this proposed AD. We have revised paragraph 
(g) of this proposed AD (in the SNPRM) to require only the actions 
specified in paragraph 3.B. in the Accomplishment Instructions of 
Bombardier Service Bulletin 84-27-64, Revision A, dated July 26, 2016. 
We find that this change adequately addresses the commenter's request.

FAA's Determination and Requirements of This SNPRM

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 82 airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated costs
----------------------------------------------------------------------------------------------------------------
                                                                                                       Cost on
             Action                      Labor cost              Parts cost       Cost per product       U.S.
                                                                                                      operators
----------------------------------------------------------------------------------------------------------------
Remove and replace affected PCUs  2 work-hours x $85 per    $10,000 per          $10,170 per            $833,940
                                   hour = $170 per           airplane.            airplane.
                                   airplane.
----------------------------------------------------------------------------------------------------------------

    The new requirements of this proposed AD add no additional economic 
burden.

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

[[Page 32498]]

products identified in this rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Bombardier, Inc.: Docket No. FAA-2015-8434; Directorate Identifier 
2015-NM-082-AD.

(a) Comments Due Date

    We must receive comments by August 28, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Bombardier, Inc. Model DHC-8-
401 and -402 airplanes, certificated in any category, serial numbers 
(S/Ns) 4001, and 4003 through 4527 inclusive, equipped with spoiler 
power control unit (PCU) part numbers (P/Ns) 390700-1007 and -1009 
and that have any serial number identified in paragraph (c)(1), 
(c)(2), or (c)(3) of this AD.
    (1) S/Ns 0474 through 1321 inclusive;
    (2) S/Ns identified in the Parker Service Bulletin 390700-27-
002, Revision 1, section 4. Appendix, dated April 13, 2016; and
    (3) S/Ns 1394 through 1876 inclusive, without suffix ``A.''

(d) Subject

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

(e) Reason

    This AD was prompted by the discovery of cracking on two test 
spoiler PCU manifolds during testing by the manufacturer. We are 
issuing this AD to prevent cracking of the spoiler PCUs that could 
lead to the loss of multiple flight controls and landing gear 
systems.

(f) Compliance

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

(g) Inspection/Replacement

    Within 12,000 flight hours or 72 months after the effective date 
of this AD, whichever occurs first: Remove and replace the affected 
spoiler PCUs in accordance with paragraph 3.B. in the Accomplishment 
Instructions of Bombardier Service Bulletin 84-27-64, Revision A, 
dated July 26, 2016.

(h) Parts Installation Prohibition

    After the actions required by paragraph (g) of this AD have been 
done, no person may install, on any airplane, a spoiler PCU, part 
number 390700-1007 and -1009, with:
    (1) S/Ns 0474 through 1321 inclusive;
    (2) S/Ns identified in the Parker Service Bulletin 390700-27-
002, Revision 1, section 4. Appendix, dated April 13, 2016; and
    (3) S/Ns 1394 through 1876 inclusive, without suffix ``A.''

(i) 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 84-27-64, dated 
July 15, 2014.

(j) 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2015-07R2, dated December 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-2015-8434.
    (2) For further information about this AD, 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; email: [email protected].
    (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. 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.

    Issued in Renton, Washington, on June 29, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-14591 Filed 7-13-17; 8:45 am]
 BILLING CODE 4910-13-P