[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71785-71788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28072]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0675; Product Identifier 2019-NM-068-AD; Amendment 
39-19815; AD 2019-24-12]
RIN 2120-AA64


Airworthiness Directives; De Havilland Aircraft of Canada Limited 
(Type Certificate Previously Held by 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 De Havilland Aircraft of Canada Limited Model DHC-8-401 and -
402 airplanes. This AD was prompted by a report that certain fuselages 
were delivered with nonconforming keel tension fittings and stringer 
end fittings. This AD requires a detailed visual inspection of stringer 
end fittings and keel fittings for loose or working fasteners, signs of 
wear, and corrosion, and repair if necessary; and a general visual 
inspection of the keel tension fitting and stringer end fittings, as 
applicable, and repairs and replacement of the keel and stringer end 
fittings if necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective February 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 3, 
2020.

ADDRESSES: For Bombardier, Inc., or De Havilland Aircraft of Canada 
Limited service information identified in this final rule, contact De 
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; phone: 416-375-
4000; fax: 416-375-4539; email: [email protected]; internet: https://dehavilland.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 https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0675.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0675; 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; phone: 516-228-7330; fax: 516-
794-5531; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-06, dated February 
18, 2019 (also referred to as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for 
certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -
402 airplanes. You may examine the MCAI in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0675.
    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-8-401 and -402 airplanes. The NPRM published in the 
Federal Register on September 9, 2019 (84 FR 47170). The NPRM was 
prompted by a report that certain fuselages were delivered with non-
conforming keel tension fittings and stringer end fittings. The NPRM 
proposed to require a detailed visual inspection of stringer end 
fittings and keel fittings for loose or working fasteners, signs of 
wear, and corrosion, and repair if necessary; and a general visual 
inspection of the keel tension fitting and stringer end fittings, as 
applicable, and repairs and replacement of the keel and stringer end 
fittings if necessary. The FAA is issuing this AD to address non-
conforming keel tension fittings and stringer end fittings, which could 
lead to premature cracking and corrosion in several locations and 
compromise the structural integrity of the fuselage joints. See the 
MCAI for additional background information.

Comments

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

Request To Update the Design Approval Holder (DAH) for the Affected 
Airplanes

    Horizon Air requested that the FAA update the DAH for the affected 
airplanes. Horizon Air pointed out that De Havilland Aircraft of Canada 
Limited is now the DAH for the Model DHC-8-401 and -402 airplanes.
    The FAA agrees with the commenter for the reasons provided and has 
updated this final rule accordingly.

Request To Include Revised Service Information and Credit for Previous 
Revision

    Horizon Air requested that the FAA update the final rule to include 
revised service information. Horizon Air mentioned that De Havilland 
Aircraft of Canada Limited has issued Service Bulletin 84-53-75, 
Revision A, dated August 2, 2019. Horizon Air also requested that the 
FAA give credit for accomplishment of the required actions prior to the 
effective date of this AD using Bombardier Service Bulletin 84-53-75, 
dated August 29, 2018.
    The FAA agrees with the commenter for the reasons provided and has 
updated this final rule to refer to De Havilland Aircraft of Canada 
Limited Service Bulletin 84-53-75, Revision A, dated August 2, 2019. 
The FAA has determined that no additional work is

[[Page 71786]]

required for airplanes on which the actions specified in Bombardier 
Service Bulletin 84-53-75, dated August 29, 2018, have already been 
done. The FAA has added paragraph (k) to this AD to provide credit for 
accomplishment of the required actions prior to the effective date of 
this AD using Bombardier Service Bulletin 84-53-75, dated August 29, 
2018.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued the following 
service information.
     Bombardier Service Bulletin 84-53-74, dated August 29, 
2018. This service information describes procedures for a general 
visual inspection of the keel and stringer end fittings, repair, and 
replacement of the keel and stringer end fittings.
     Service Bulletin 84-53-75, Revision A, dated August 2, 
2019. This service information describes procedures for a detailed 
visual inspection of stringer end fittings and keel fittings, in the 
passenger compartment at stations X373.15 and X428.50, for loose or 
working fasteners, signs of wear, and corrosion.
    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 1 airplane of U.S. registry. 
The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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33 work-hours x $85 per hour = $2,805........................              $0           $2,805           $2,805
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition replacements 
specified in this AD.

              Estimated Costs of On-Condition Replacements
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                                                             Cost per
              Labor cost                   Parts cost        product
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46 work-hours x $85 per hour = $3,910.         $54,649          $58,559
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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.

[[Page 71787]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2019-24-12 De Havilland Aircraft of Canada Limited (Type Certificate 
Previously Held by Bombardier, Inc.): Amendment 39-19815; Docket No. 
FAA-2019-0675; Product Identifier 2019-NM-068-AD.

(a) Effective Date

    This AD is effective February 3, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type 
Certificate Previously Held by Bombardier, Inc.) Model DHC-8-401 and 
-402 airplanes, certificated in any category, serial numbers 4327, 
4330, 4337, 4342, 4350, 4352, 4362, 4367, 4372, 4375, 4376, 4378, 
4383, 4384, 4385, 4388, 4391, 4392, 4396, and 4397.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by a report that certain fuselages were 
delivered with non-conforming keel tension fittings and stringer end 
fittings. The FAA is issuing this AD to address non-conforming keel 
tension fittings and stringer end fittings which could lead to 
premature cracking and corrosion in several locations and compromise 
the structural integrity of the fuselage joints.

(f) Compliance

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

(g) Detailed Visual Inspection of the Stringer End Fittings and Keel 
Fittings and Repair

    Within 8,000 flight hours or 5 years after the effective date of 
this AD, whichever occurs first: Do a detailed visual inspection of 
the stringer end fittings and keel fittings at fuselage stations 
X373.15 and X428.50 for loose and working fasteners, signs of wear, 
and corrosion in accordance with paragraph 3.B. of the 
Accomplishment Instructions of De Havilland Aircraft of Canada 
Limited Service Bulletin 84-53-75, Revision A, dated August 2, 2019. 
If any loose or working fasteners, signs of wear, or corrosion are 
found during any inspection required by this paragraph, before 
further flight, repair using a method approved by the Manager, New 
York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or 
De Havilland Aircraft of Canada Limited's TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature. Doing the actions specified in 
Bombardier Service Bulletin 84-53-66 does not constitute compliance 
with the actions specified in this paragraph.

(h) General Visual Inspection, Repair, and Replacement of the Stringer 
End Fittings and Keel Fittings

    Except for airplanes identified in paragraph (i) of this AD: 
Before accumulating 40,000 total flight cycles or within 12 months 
after the effective date of this AD, whichever occurs later, do the 
inspections specified in paragraphs (h)(1) and (2) of this AD.
    (1) Do a general visual inspection of the keel tension fittings 
at fuselage stations X373.15 and X428.50 for non-conformance 
conditions (oversize, elongated, and off angle conditions) in 
accordance with paragraph 3.B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-53-74, dated August 29, 2018. If any 
non-conformance condition is found, before further flight, replace 
the keel tension fittings at fuselage stations X373.15 and X428.50, 
including doing all applicable repairs, in accordance with paragraph 
3.B. of the Accomplishment Instructions of Bombardier Service 
Bulletin 84-53-74, dated August 29, 2018; except where Bombardier 
Service Bulletin 84-53-74, dated August 29, 2018, specifies to 
contact Bombardier, before further flight, repair using a method 
approved by the Manager, New York ACO Branch, FAA; or TCCA; or De 
Havilland Aircraft of Canada Limited's TCCA DAO. If approved by the 
DAO, the approval must include the DAO-authorized signature.
    (2) Do a general visual inspection of the stringer end fittings 
at fuselage stations X373.15 and X428.50 for non-conformance 
conditions (i.e., excessive depth Hi-Lite fastener hole chamfers and 
installation too close to the fillet radius), in accordance with 
paragraph 3.B. of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-53-74, dated August 29, 2018. If any non-
conformance condition is found, before further flight, replace the 
stringer end fittings at fuselage stations X373.15 and X428.50, 
including doing all applicable repairs and an eddy current or 
fluorescent dye penetrant inspection for cracks of all blended areas 
and fasteners, in accordance with paragraph 3.B. of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-53-74, 
dated August 29, 2018; except where Bombardier Service Bulletin 84-
53-74, dated August 29, 2018, specifies to contact Bombardier, 
before further flight, repair using a method approved by the 
Manager, New York ACO Branch, FAA; or TCCA; or De Havilland Aircraft 
of Canada Limited's TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(i) Rework for Airplanes That Have Accomplished Bombardier Service 
Bulletin 84-53-69 Prior to the Effective Date of This AD

    For airplanes on which the actions specified in Bombardier 
Service Bulletin 84-53-69 have been accomplished prior to the 
effective date of this AD: Before accumulating 40,000 total flight 
cycles or within 12 months after the effective date of this AD, 
whichever occurs later, do a general visual inspection of the 
stringer end fittings at fuselage stations X373.15 and X428.50 for 
non-conformance conditions (i.e., excessive depth Hi-Lite fastener 
hole chamfers and installation too close to the fillet radius) in 
accordance with paragraph 3.B. of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-53-74, dated August 29, 2018. If any 
non-conformance condition is found, before further flight, replace 
the stringer end fittings at fuselage stations X373.15 and X428.50, 
including doing all applicable repairs and an eddy current or 
fluorescent dye penetrant inspection for cracks of all blended areas 
and fasteners, in accordance with paragraph 3.B. of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-53-74, 
dated August 29, 2018; except where Bombardier Service Bulletin 84-
53-74, dated August 29, 2018, specifies to contact Bombardier, 
before further flight, repair using a method approved by the 
Manager, New York ACO Branch, FAA; or TCCA; or De Havilland Aircraft 
of Canada Limited's TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(j) Corrective Action for Eddy Current and Fluorescent Dye Penetrant 
Inspections

    If, during any eddy current or fluorescent dye penetrant 
inspection required by paragraph (h)(2) or (i) of this AD, any 
cracking is found, before further flight, repair using a method 
approved by the Manager, New York ACO Branch, FAA; or TCCA; or De 
Havilland Aircraft of Canada Limited's TCCA DAO. If approved by the 
DAO, the approval must include the DAO-authorized signature.

(k) 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 84-53-75, dated 
August 29, 2018.

(l) 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; phone: 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 De Havilland Aircraft of Canada Limited's 
TCCA DAO. If approved by the DAO, the approval must include the DAO-
authorized signature.

[[Page 71788]]

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-06, dated February 18, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0675.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 516-228-7330; 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 (n)(3) and (4) of this AD.

(n) 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 84-53-74, dated August 29, 2018.
    (ii) De Havilland Aircraft of Canada Limited Service Bulletin 
84-53-75, Revision A, dated August 2, 2019.
    (3) For Bombardier, Inc., or De Havilland Aircraft of Canada 
Limited service information identified in this AD, contact De 
Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 
123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; phone: 416-
375-4000; fax: 416-375-4539; email: [email protected]; internet: 
https://dehavilland.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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 27, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-28072 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-13-P