[Federal Register Volume 83, Number 200 (Tuesday, October 16, 2018)]
[Rules and Regulations]
[Pages 52118-52120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22144]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0449; Product Identifier 2018-NM-042-AD; Amendment 
39-19452; AD 2018-20-18]
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-8-400 series airplanes. This AD was 
prompted by a report of uncommanded deployment of the ground spoilers 
when the power levers were advanced for takeoff, which was caused by 
faulty switches in the power lever module. This AD requires revising 
the maintenance or inspection program, as applicable. We are issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective November 20, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 20, 
2018.

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 service information at the 
FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. 
For information on the availability of this material at the FAA, call 
206-231-3195. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0449.

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-2018-
0449; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) is 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: John P. DeLuca, Aerospace Engineer, 
Avionics and Administrative Services Section, FAA, New York ACO Branch, 
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7369; fax 516-794-5531; email [email protected].

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 May 25, 2108 (83 FR 24248). The NPRM was prompted by a 
report of uncommanded deployment of the ground spoilers when the power 
levers were advanced for takeoff, which was caused by faulty switches 
in the power lever module. The NPRM proposed to require revising the 
maintenance or inspection program, as applicable.
    We are issuing this AD to address faulty switches in the power 
lever module, which could result in uncommanded deployment of the 
ground spoilers and a possible runway excursion.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD

[[Page 52119]]

CF-2017-35, dated November 29, 2017 (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:

    There has been an incident of uncommanded deployment of the 
ground spoilers when the power levers were advanced for take-off. 
The warning horn sounded and the pilot rejected the take-off. The 
subsequent investigation determined the root cause of the spoiler 
deployment was faulty switches in the power lever module. An 
uncommanded deployment of the ground spoilers may lead to a runway 
excursion.
    This [Canadian] AD mandates the incorporation of a new 
Certification Maintenance Requirement (CMR) task to check the ground 
spoiler switches in the power lever module.

    Required actions include revising the maintenance or inspection 
program, as applicable. 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-2018-0449.

Comments

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

Request To Revise Requirements Related to Temporary Revision (TR)

    Horizon Air requested that paragraph (g) of the proposed AD be 
revised to refer to Bombardier Certification Maintenance Requirements 
(CMR) Task 276000-110 of Q400 Dash 8 (Bombardier) TR ALI-0185, dated 
March 19, 2018. Horizon Air noted that TR ALI-0185, replaced TR ALI-
0173, dated March 14, 2017, which was specified in the proposed AD.
    Horizon Air also requested that we include a statement that, ``When 
this temporary revision has been included in general revisions of the 
PSM [product support manual], the general revisions may be inserted in 
the maintenance or inspection program, as applicable, provided the 
relevant information in the general revision is identical to that in 
[Q400 Dash 8] (Bombardier) TR ALI-0185 [, dated March 19, 2018].''
    We agree to clarify. Paragraph (g) of this AD requires operators to 
incorporate ``the information specified in'' CMR Task 276000-110 of 
Q400 Dash 8 (Bombardier) TR ALI-0173, dated March 14, 2017. Task 27600-
110 is the same in both TR ALI-0173, dated March 14, 2017; and TR ALI-
0185, dated March 19, 2018. Therefore, if operators incorporate TR ALI-
0185, dated March 19, 2018, into the maintenance or inspection program, 
as applicable, they are in compliance with paragraph (g) of this AD 
(i.e., since the information specified in TR ALI-0185, dated March 19, 
2018, contains the same information as TR ALI-0173, dated March 14, 
2017, by incorporating TR ALI-0185, dated March 19, 2018, the operator 
is complying with the requirement to incorporate the information 
specified in TR ALI-0173, dated March 14, 2017). Similarly, if 
operators incorporate the PSM into the maintenance or inspection 
program, as applicable, they are in compliance with paragraph (g) of 
this AD. 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 final rule 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 addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Q400 Dash 8 (Bombardier) Temporary Revision 
ALI-0173, dated March 14, 2017. This service information describes CMR 
Task 276000-110, ``Operational Check of the Ground Spoiler Switches in 
the Power Lever Module.'' 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 86 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:
    We have determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although we 
recognize that this number may vary from operator to operator. In the 
past, we have estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, we estimate the total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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.

[[Page 52120]]

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):

2018-20-18 Bombardier, Inc.: Amendment 39-19452; Docket No. FAA-
2018-0449; Product Identifier 2018-NM-042-AD.

(a) Effective Date

    This AD is effective November 20, 2018.

(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 subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of uncommanded deployment of 
the ground spoilers when the power levers were advanced for takeoff, 
which was caused by faulty switches in the power lever module. We 
are issuing this AD to address faulty switches in the power lever 
module, which could result in uncommanded deployment of the ground 
spoilers and a possible runway excursion.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 30 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Certification Maintenance Requirements 
(CMR) Task 276000-110 of Q400 Dash 8 (Bombardier) Temporary Revision 
ALI-0173, dated March 14, 2017.

(h) Initial Compliance Time

    The initial compliance time for doing the CMR Task 276000-110 
specified in paragraph (g) of this AD is within 8,000 flight hours 
after the effective date of this AD.

(i) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (g) of this AD, no alternative actions (e.g., 
inspections) or intervals may be used unless the actions or 
intervals are approved as an alternative method of compliance (AMOC) 
in accordance with the procedures specified in paragraph (j)(1) of 
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 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 
Branch, 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 Airworthiness Directive CF-2017-35, dated November 
29, 2017, 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-2018-0449.
    (2) For more information about this AD, contact John P. DeLuca, 
Aerospace Engineer, Avionics and Administrative Services Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7369; fax 516-794-5531; email [email protected].

(l) 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) Q400 Dash 8 (Bombardier) Temporary Revision ALI-0173, dated 
March 14, 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 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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 Des Moines, Washington, on September 20, 2018.
John P. Piccola,
 Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-22144 Filed 10-15-18; 8:45 am]
 BILLING CODE 4910-13-P