[Federal Register Volume 84, Number 158 (Thursday, August 15, 2019)]
[Rules and Regulations]
[Pages 41629-41631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17502]


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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; Amendment 
39-19702; AD 2019-15-09]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model DHC-8-400 series airplanes. This AD was 
prompted by a report of a cracked outboard spoiler actuator mounting 
bracket. This AD requires 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. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective September 19, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
19, 2019.

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-2019-
0120.

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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations 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: 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].

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA 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 March 21, 2019 (84 FR 10449). The NPRM was prompted 
by a report of a cracked outboard spoiler actuator mounting bracket. 
The NPRM proposed to 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.
    The FAA is 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.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority

[[Page 41630]]

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 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.

    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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The Air Line Pilots Association, International (ALPA) agrees 
with the intent of the NPRM.

Conclusion

    The FAA 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. The FAA has 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 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, 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.

Costs of Compliance

    The FAA estimates that this AD affects 53 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 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
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition actions specified 
in this 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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-15-09 Bombardier, Inc.: Amendment 39-19702; Docket No. FAA-
2019-0120; Product Identifier 2018-NM-167-AD.

(a) Effective Date

    This AD is effective September 19, 2019.

[[Page 41631]]

(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 (S/Ns) 
4001 through 4547 inclusive, having outboard spoiler actuator 
mounting brackets with part numbers (P/Ns) 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. The FAA is 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 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 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].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 84-27-72, Revision A, dated 
November 9, 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 July 30, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-17502 Filed 8-14-19; 8:45 am]
 BILLING CODE 4910-13-P