[Federal Register Volume 84, Number 55 (Thursday, March 21, 2019)]
[Proposed Rules]
[Pages 10449-10451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05209]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0120; Product Identifier 2018-NM-167-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model DHC-8-400 series airplanes. This 
proposed AD was prompted by a report of a cracked outboard spoiler 
actuator mounting bracket. This proposed AD would require repetitive 
inspections of the outboard spoiler actuator mounting brackets, 
replacement of any cracked bracket, and eventual replacement of all 
brackets with a re-designed part that would terminate the repetitive 
inspections. We are proposing this AD to address the unsafe condition 
on these products.

DATES: We must receive comments on this proposed AD by May 6, 2019.

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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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.

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-2019-
0120; 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 NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kristopher Greer, Aerospace Engineer, 
Aviation Safety Section AIR-7B1, Boston ACO Branch, FAA, 1200 District 
Avenue, Burlington, MA 01803; telephone 781-238-7799.

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-2019-0120; 
Product Identifier 2018-NM-167-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-21R1, effective 
November 1, 2018 (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:

    During a scheduled aileron inspection, a crack was found in the 
right-hand outboard spoiler bracket of an in-service aircraft. An 
investigation concluded that the crack was caused by low load, high 
cycle fatigue. A cracked bracket could cause inoperability or jam of 
a single spoiler panel and possible jam of the aileron circuit. This 
condition, if not corrected, could adversely affect the continued 
safe operation and landing of the aeroplane.
    The original version of this [Canadian] AD required initial and 
repetitive inspections of the outboard spoiler brackets, and 
required

[[Page 10450]]

replacement of any brackets found cracked. It also required 
replacement of the brackets with a new design, which terminates the 
inspection requirement.
    Revision 1 of this [Canadian] AD is issued to correct an error 
in the date of Service Bulletin (SB) 84-27-72 Revision A. This 
[Canadian] AD also clarifies the part numbers of the outboard 
spoiler actuator brackets and their assemblies.

The bracket replacement includes related investigative actions 
(inspecting for damage of the fastener holes in the rear spar web) and 
corrective actions (oversizing holes or other repair). 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-2019-0120.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-27-72, Revision A, dated 
November 9, 2017. This service information describes procedures for 
repetitively inspecting the left and right outboard spoiler actuator 
mounting brackets for cracks, replacing cracked brackets, and 
eventually replacing all brackets with re-designed parts, and related 
investigative and corrective actions.
    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.

FAA's Determination

    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 the relevant information and determined the unsafe 
condition described previously is likely to exist or develop on other 
products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 53 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
20 work-hours x $85 per hour = $1,700........................          $4,142           $5,842         $309,626
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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 proposed 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

    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-2019-0120; Product Identifier 2018-
NM-167-AD.

(a) Comments Due Date

    We must receive comments by May 6, 2019.

(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 
through 4547 inclusive,

[[Page 10451]]

having outboard spoiler actuator brackets with part numbers 
85714052-101 or 85714052-102.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by a report of a cracked outboard spoiler 
actuator mounting bracket. We are issuing this AD to address 
cracking of the outboard spoiler actuator mounting brackets, which 
could cause inoperability or jam of a single spoiler panel and 
possible jam of the aileron circuit. This condition, if not 
corrected, could adversely affect the continued safe operation and 
landing of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do a general visual inspection for cracks in the left 
and right outboard spoiler actuator mounting brackets having part 
number (P/N) 85714052-101 or 85714052-102 (belonging to assemblies 
having P/N 85714018-001 or P/N 85714018-002, respectively), in 
accordance with Section 3.B, Part A, of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-27-72, Revision A, 
dated November 9, 2017. Repeat the inspection thereafter at 
intervals not to exceed 8,000 flight hours.
    (1) For airplanes having less than 12,000 total flight hours as 
of the effective date of this AD: Prior to the accumulation of 
18,000 total flight hours.
    (2) For airplanes having 12,000 total flight hours or more as of 
the effective date of this AD: Within 6,000 flight hours after the 
effective date of this AD.

(h) Part Replacement

    (1) If, during any inspection required by paragraph (g) of this 
AD, either the left or right outboard spoiler actuator mounting 
bracket is found cracked: Before further flight, replace both the 
left and right brackets with new bracket assemblies having P/N 
85714018-003 or P/N 85714018-004, including doing all applicable 
related investigative actions and corrective actions, in accordance 
with Section 3.B, Part B, of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-27-72, Revision A, dated November 9, 
2017; except, where the service information specifies contacting 
Bombardier for corrective action, this AD requires accomplishing the 
action 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.
    (2) If, during any inspection required by paragraph (g) of this 
AD, no cracking is found on the left and right outboard spoiler 
actuator mounting brackets, and the left and right outboard spoiler 
actuator mounting brackets have not already been replaced per the 
requirements of paragraph (h)(1) of this AD: Replace both the left 
and right brackets with new bracket assemblies having P/N 85714018-
003 or P/N 85714018-004, including doing all applicable related 
investigative actions and corrective actions, at the applicable time 
specified in paragraph (h)(2)(i) or (h)(2)(ii) of this AD, in 
accordance with Section 3.B, Part B, of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-27-72, Revision A, 
dated November 9, 2017; except, where the service information 
specifies contacting Bombardier for corrective action, this AD 
requires accomplishing the action using a method approved by the 
Manager, New York ACO Branch, FAA; or TCCA; or Bombardier, Inc.'s 
TCCA DAO. If approved by the DAO, the approval must include the DAO-
authorized signature. Related investigative and corrective actions 
must be done before further flight.
    (i) For airplanes that have accumulated less than 34,000 total 
flight hours as of the effective date of this AD: Replace the 
outboard spoiler actuator mounting brackets prior to the airplane 
accumulating 40,000 total flight hours.
    (ii) For airplanes that have accumulated 34,000 total flight 
hours or more as of the effective date of this AD: Replace the 
outboard spoiler actuator mounting brackets within 6,000 flight 
hours after the effective date of this AD.

(i) Terminating Action for Repetitive Inspections

    Replacement of an outboard spoiler actuator mounting bracket, in 
accordance with the requirements of paragraph (h) of this AD, is 
terminating action for the repetitive inspections required by 
paragraph (g) of this AD for the replaced bracket.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Bombardier Service 
Bulletin 84-27-72, dated January 19, 2017.

(k) 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 TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by 
the DAO, the approval must include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-21R1, effective November 1, 2018, 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-2019-0120.
    (2) For more information about this AD, contact Kristopher 
Greer, Aerospace Engineer, Aviation Safety Section AIR-7B1, Boston 
ACO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; 
telephone 781-238-7799.
    (3) For information about AMOCs, contact Aziz Ahmed, Aerospace 
Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, New York 11590; telephone: 516-287-7329; fax: 516-794-
5531; email: [email protected].
    (4) 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 Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on March 13, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-05209 Filed 3-20-19; 8:45 am]
 BILLING CODE 4910-13-P