[Federal Register Volume 84, Number 93 (Tuesday, May 14, 2019)]
[Proposed Rules]
[Pages 21268-21270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09807]



[[Page 21268]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0322; Product Identifier 2019-NM-039-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 reports of cracked elevator power control 
unit (PCU) brackets on the horizontal stabilizer rear spar and cracking 
on the elevator front spar. This proposed AD would require one-time 
inspections for cracks and damage of the elevator PCU brackets and 
surrounding area, horizontal stabilizer rear spar, and elevator front 
spar, and related investigative and corrective actions if necessary. We 
are proposing this AD to address the unsafe condition on these 
products.

DATES: We must receive comments on this proposed AD by June 28, 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-
0322; 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 listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; 
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-2019-0322; 
Product Identifier 2019-NM-039-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-2018-34, dated December 
17, 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:

    There have been five in-service reports of cracked elevator 
power control unit (PCU) brackets on the horizontal stabilizer rear 
spar, and two reports of cracking on the elevator front spar. In one 
case, the PCU bracket cracking led to detachment of the bracket 
during pushback. An investigation found that the force-fight loads 
induced by elevator PCUs not rigged to the required tolerance is the 
common factor in cracking of both the elevator PCU bracket and of 
the elevator front spar. A secondary contributor to the elevator PCU 
bracket cracking is the bracket flange preload that may be induced 
during production installation. Failure of an elevator PCU bracket 
or progression of the elevator front spar cracking into two segments 
may cause the affected elevator to jam. Failure of an elevator 
bracket on both elevators, or progression of elevator front spar 
cracking into two segments on both elevators, could cause a loss of 
aeroplane pitch control.
    This [Canadian] AD mandates a one-time inspection of the 
elevator PCU brackets, the horizontal stabilizer rear spar and 
elevator front spar with reporting of inspection findings. Any 
brackets found cracked are to be replaced with new brackets with 
improved strength. For any spar found cracked, obtain instructions 
to repair the spar from Bombardier and repair the spar accordingly. 
Additional corrective action may be considered depending on the 
results of the inspections findings.

    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-
0322.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-55-09, dated June 7, 
2018. This service information describes procedures for one-time 
detailed visual and fluorescent penetrant inspections for cracks and 
damage of the elevator PCU brackets (including the surrounding area), 
horizontal stabilizer rear spar, and elevator front spar, and related 
investigative and corrective actions if necessary. The related 
investigative action is an eddy current inspection for cracking of 
certain mating holes of the horizontal stabilizer rear spar. Corrective 
actions include replacement of the elevator PCU brackets and repair of 
the horizontal stabilizer rear spar and elevator front spar.
    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

[[Page 21269]]

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. This proposed AD also 
would require sending the inspection results to Bombardier.

Costs of Compliance

    We estimate that this proposed AD affects 54 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
----------------------------------------------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105........................              $0           $1,105          $59,670
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    We estimate that it would take about 1 work-hour per product to 
comply with the proposed reporting requirement in this proposed AD. The 
average labor rate is $85 per hour. Based on these figures, we estimate 
the cost of reporting the inspection results on U.S. operators to be 
$4,590, or $85 per product.
    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of any required 
actions. We have no way of determining the number of aircraft that 
might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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18 work-hours x $85 per hour = $1,530.              $0           $1,530
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this NPRM is 2120-
0056. The paperwork cost associated with this NPRM has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this NPRM is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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-2019-0322; Product Identifier 2019-
NM-039-AD.

[[Page 21270]]

(a) Comments Due Date

    We must receive comments by June 28, 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 4580 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracked elevator power 
control unit (PCU) brackets on the horizontal stabilizer rear spar 
and cracking on the elevator front spar. We are issuing this AD to 
address this condition, which, if not detected and corrected, may 
cause failure of an elevator PCU bracket or fracture the front spar 
into two segments; either structural failure may cause a jam in one 
elevator or a loss of airplane pitch control if both elevators are 
affected.

(f) Compliance

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

(g) Inspections

    No earlier than 7,500 total accumulated flight hours, but before 
accumulating 8,000 flight hours after the effective date of this AD: 
Perform detailed visual and fluorescent penetrant inspections for 
cracks and damage of the elevator PCU brackets, horizontal 
stabilizer rear spar, and elevator front spar, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
55-09, dated June 7, 2018.
    (1) If any crack is detected on any elevator PCU bracket, and no 
crack or damage is found on either spar: Before further flight, 
replace the elevator PCU bracket with a new bracket, and do all 
related investigative and corrective actions, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-55-09, 
dated June 7, 2018.
    (2) If any crack or damage is detected on any horizontal 
stabilizer rear spar or elevator front spar: Before further flight, 
repair 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.

(h) Reporting

    At the applicable time specified in paragraph (h)(1) or (h)(2) 
of this AD: Report the results of the inspections required by 
paragraph (g) of this AD to the Bombardier CMDB Focal by fax 1-416-
375-4538 or email at [email protected], in 
accordance with the instructions of Bombardier Service Bulletin 84-
55-09, dated June 7, 2018. If operators have reported findings as 
part of obtaining any corrective actions approved by Bombardier, 
Inc.'s TCCA DAO, operators are not required to report those findings 
as specified in this paragraph.
    (1) If the inspections were done on or after the effective date 
of this AD: Submit the report within 30 days after the inspections.
    (2) If the inspections were done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-34, dated December 17, 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-2019-0322.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7330; fax 516-794-5531.
    (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 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 May 2, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-09807 Filed 5-13-19; 8:45 am]
BILLING CODE 4910-13-P