DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2015-8434; Directorate Identifier 2015-NM-082-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening
of comment period.
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SUMMARY: We are revising an earlier proposal for certain Bombardier,
Inc., Model DHC-8-401 and -402 airplanes. This action revises the
notice of proposed rulemaking (NPRM) by adding certain airplanes to the
applicability and adding specified actions. We are proposing this
airworthiness directive (AD) to address the unsafe condition on these
products. Since these changes increase the scope of the NPRM, we are
reopening the comment period to allow the public the chance to comment
on these proposed changes.
DATES: The comment period for the NPRM published in the Federal
Register on January 13, 2016 (81 FR 1586), is reopened.
We must receive comments on this SNPRM by August 28, 2017.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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 thd.qseries@aero.bombardier.com; Internet
http://www.bombardier.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
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-2015-8434;
or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7318; 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-2015-8434;
Directorate Identifier 2015-NM-082-AD" at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.
Discussion
We issued an 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 January 13, 2016
(81 FR 1586) ("the NPRM"). The NPRM was prompted by a discovery of crack-
ing on two test spoiler power control units (PCUs) manifolds during test-
ing by the manufacturer. The NPRM proposed to require replacement of
affected spoiler PCUs.
Actions Since the NPRM Was Issued
Since we issued the NPRM, we have determined that certain airplanes
were inadvertently omitted from the applicability of the NPRM; and
additional actions were necessary.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-07R2, dated December 14, 2016 (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-
401 and -402 airplanes. The MCAI states:
During endurance and impulse testing of the spoiler PCU, cracks
were discovered on two test spoiler PCU manifolds. Investigation
determined that the crack initiation was due to the heat treat
process. A cracked spoiler PCU manifold could cause the loss of one
of the two hydraulic systems, resulting in the loss of multiple
flight controls and landing gear systems. This condition, if not
corrected, could adversely affect the continued safe operation and
landing of the aeroplane.
This [Canadian] AD mandates the replacement of the affected
spoiler PCUs.
Revision 1 of this [Canadian] AD was issued to extend the
applicability to include additional aeroplane serial numbers and
also modify the Corrective Actions to specifically mandate section
3.B of the [Service Bulletin] SB 84-27-64, Revision A.
Revision 2 of this [Canadian] AD was issued to correct the SB
referenced in the Background section. SB 84-27-64, Revision A should
have been referenced in lieu of SB 84-27-63, Revision A.
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-2015-8434.
Related Service Information Under 1 CFR Part 51
Bombardier, Inc. has issued Bombardier Service Bulletin 84-27-64,
Revision A, dated July 26, 2016. The service information describes
procedures for replacement of affected spoiler PCU manifolds.
Parker-Hannifin Corporation has issued Parker Service Bulletin
390700-27-002, Revision 1, dated April 13, 2016. This service bulletin
identifies affected spoiler PCUs that need to be returned to Parker
Customer Support for rework.
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.
Comments
We gave the public the opportunity to participate in developing
this proposed AD. We considered the comment received.
Request To Remove Requirement for Job Set-up and Close-out
Horizon Air requested that paragraph (g) of the proposed AD (in the
NPRM) be revised to remove the requirement for job set-up and close-out
in the Accomplishment Instructions of Bombardier Service Bulletin 84-
27-64, dated July 15, 2014. Horizon Air stated that performing the job
set-up and close-out sections specified in Bombardier Service Bulletin
84-27-64, dated July 15, 2014, as a requirement of the AD, restricts an
operator's ability to perform other maintenance in conjunction with
incorporating Bombardier Service Bulletin 84-27-64, dated July 15,
2014.
We agree that job set-up and close-out may be done using approved
procedures other than those provided in the Accomplishment Instructions
of Bombardier Service Bulletin 84-27-64, dated July 15, 2014, or
Revision A, dated July 26, 2016. Therefore, access and close would not
be specifically required by this proposed AD. We have revised paragraph
(g) of this proposed AD (in the SNPRM) to require only the actions
specified in paragraph 3.B. in the Accomplishment Instructions of
Bombardier Service Bulletin 84-27-64, Revision A, dated July 26, 2016.
We find that this change adequately addresses the commenter's request.
FAA's Determination and Requirements of This SNPRM
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 pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Certain changes described above expand the scope of the NPRM. As a
result, we have determined that it is necessary to reopen the comment
period to provide additional opportunity for the public to comment on
this SNPRM.
Costs of Compliance
We estimate that this SNPRM affects 82 airplanes of U.S. registry.
We estimate the following costs to comply with this proposed AD:
Estimated costs
Action |
Labor cost |
Parts cost |
Cost per product |
Cost on U.S. operators |
Remove and replace affected PCUs |
2 work-hours x $85 per hour =
$170 per airplane |
$10,000 per airplane |
$10,170 per airplane |
$833,940 |
The new requirements of this proposed
AD add no additional economic
burden.
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 rule-
making action.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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