DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0125; Directorate Identifier 2016-NM-193-AD;
Amendment 39-18946; AD 2017-14-02]
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: We are adopting a new airworthiness directive (AD) for
certain
Bombardier, Inc., Model DHC-8-401 and DHC-8-402 airplanes. This AD was
prompted by a report that a pilot was unable to move the rudder pedal
due to an obstruction. This AD requires an inspection to determine if
wiring shrouds are present, and modifying the wiring shrouds if
necessary. We are issuing this AD to address the unsafe condition on
these products.
DATES: This AD is effective August 10, 2017.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 10,
2017.
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 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. It is also available on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2017-0125.
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-2017-
0125; 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 AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, 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: 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:
Discussion
We 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 DHC-8-402 airplanes. The NPRM published in the
Federal Register on March 2, 2017 (82 FR 12301). The NPRM was prompted
by a report that a pilot was unable to move the rudder pedal due to an
obstruction. The NPRM proposed to require an inspection to determine if
wiring shrouds are present, and modifying the wiring shrouds if
necessary. We are issuing this AD to prevent an obstruction that could
prevent rudder pedal movement during critical phases of flight or
ground operations, potentially resulting in loss of control of the
airplane.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2016-27, dated
September 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 DHC-8-402
airplanes. The MCAI states:
An operator reported that the flying pilot was unable to move
the rudder pedal due to an obstruction caused by the non-flying
pilot's foot. The shoe belonging to the non-flying pilot was placed
between the rudder pedal and the newly installed wiring shroud and
prevented rudder pedal movement. The wiring shroud was installed to
support the wire harnesses installed below the cockpit instrument
panel.
If not corrected, this condition could prevent rudder movement
during critical phases of flight or ground operation, and result in
loss of control of the aeroplane.
This [Canadian] AD was issued to re-work the wiring shrouds to
eliminate potential for obstruction.
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-2017-
0125.
Comments
We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.
Support for the NPRM
The Air Line Pilots Association, International, stated that it
supports the NPRM.
Request To Refer to Updated Service Information and Provide Credit
Horizon Air requested that we revise the proposed AD to refer to
the newest version of the service information, Bombardier Service
Bulletin 84-25-169, Revision B, dated February 17, 2017. Horizon Air
also asked that we provide credit for previous actions done using
Bombardier Service Bulletin 84-25-169, Revision A, dated April 25,
2016.
We agree with the commenter's requests. We have determined that the
new service information does not require any additional actions for
airplanes modified using Revision A. We have revised this AD to refer
to Bombardier Service Bulletin 84-25-169, Revision B, dated February
17, 2017. We have also added paragraph (h) to this AD to provide credit
for previous actions and redesignated subsequent paragraphs
accordingly.
Request To Reference Only the Actions Required for Compliance
Horizon Air requested that we revise the requirements of the
proposed AD to mandate only the actions in paragraph 3.B.,
``Procedure'' of the Accomplishment Instructions of Bombardier Service
Bulletin 84-25-169, Revision B, dated February 17, 2017, rather than
the entire Accomplishment Instructions. Horizon Air explained that
requiring the job set-up and close-out sections of the service
information restricts an operator's ability to perform other
maintenance at the same time as incorporating the service information.
We agree with the commenter's request because it provides operators
additional flexibility, while still ensuring the unsafe condition is
corrected. We have revised paragraph (g) of this AD accordingly.
Conclusion
We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD 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 correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.
Related Service Information Under 1 CFR Part 51
We reviewed Bombardier Service Bulletin 84-25-169, Revision B,
dated February 17, 2017. This service information describes procedures
for an inspection to verify if wiring shrouds are installed, and
modification of any existing wiring shrouds. 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
We estimate that this AD affects 82 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S.
operators
|
Inspection |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$6,970
|
We estimate the following costs to
do any necessary modifications
that would be required based on the results of the inspection. We have
no way of determining the number of aircraft that might need these
modifications:
On-Condition Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Modification of wiring shrouds |
7 work-hours x $85 per hour =
$595 |
$71
|
$666
|
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.
Regulatory Findings
We determined that 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. 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.
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
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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