DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2018-0449; Product Identifier 2018-NM-042-AD; Amendment
39-19452; AD 2018-20-18]
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-8-400 series airplanes. This AD was
prompted by a report of uncommanded deployment of the ground spoilers
when the power levers were advanced for takeoff, which was caused by
faulty switches in the power lever module. This AD requires revising
the maintenance or inspection program, as applicable. We are issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective November 20, 2018.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 20,
2018.
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 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-2018-0449.
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-2018-
0449; 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 (phone: 800-647-
5527) 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: John P. DeLuca, Aerospace Engineer,
Avionics and Administrative Services Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7369; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.
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-8-400 series airplanes. The NPRM published in the Federal
Register on May 25, 2108 (83 FR 24248). The NPRM was prompted by a
report of uncommanded deployment of the ground spoilers when the power
levers were advanced for takeoff, which was caused by faulty switches
in the power lever module. The NPRM proposed to require revising the
maintenance or inspection program, as applicable.
We are issuing this AD to address faulty switches in the power
lever module, which could result in uncommanded deployment of the
ground spoilers and a possible runway excursion.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD
CF-2017-35, dated November 29, 2017 (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 has been an incident of uncommanded deployment of the
ground spoilers when the power levers were advanced for take-off.
The warning horn sounded and the pilot rejected the take-off. The
subsequent investigation determined the root cause of the spoiler
deployment was faulty switches in the power lever module. An
uncommanded deployment of the ground spoilers may lead to a runway
excursion.
This [Canadian] AD mandates the incorporation of a new
Certification Maintenance Requirement (CMR) task to check the ground
spoiler switches in the power lever module.
Required actions include revising the maintenance or inspection
program, as applicable. 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-2018-0449.
Comments
We gave the public the opportunity to participate in developing
this final rule. The following presents the comment received on the
NPRM and the FAA's response.
Request To Revise Requirements Related to Temporary Revision (TR)
Horizon Air requested that paragraph (g) of the proposed AD be
revised to refer to Bombardier Certification Maintenance Requirements
(CMR) Task 276000-110 of Q400 Dash 8 (Bombardier) TR ALI-0185, dated
March 19, 2018. Horizon Air noted that TR ALI-0185, replaced TR ALI-
0173, dated March 14, 2017, which was specified in the proposed AD.
Horizon Air also requested that we include a statement that, ``When
this temporary revision has been included in general revisions of the
PSM [product support manual], the general revisions may be inserted in
the maintenance or inspection program, as applicable, provided the
relevant information in the general revision is identical to that in
[Q400 Dash 8] (Bombardier) TR ALI-0185 [, dated March 19, 2018].''
We agree to clarify. Paragraph (g) of this AD requires operators to
incorporate ``the information specified in'' CMR Task 276000-110 of
Q400 Dash 8 (Bombardier) TR ALI-0173, dated March 14, 2017. Task 27600-
110 is the same in both TR ALI-0173, dated March 14, 2017; and TR ALI-
0185, dated March 19, 2018. Therefore, if operators incorporate TR ALI-
0185, dated March 19, 2018, into the maintenance or inspection program,
as applicable, they are in compliance with paragraph (g) of this AD
(i.e., since the information specified in TR ALI-0185, dated March 19,
2018, contains the same information as TR ALI-0173, dated March 14,
2017, by incorporating TR ALI-0185, dated March 19, 2018, the operator
is complying with the requirement to incorporate the information
specified in TR ALI-0173, dated March 14, 2017). Similarly, if
operators incorporate the PSM into the maintenance or inspection
program, as applicable, they are in compliance with paragraph (g) of
this AD. We have not changed this AD in this regard.
Conclusion
We 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. 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.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Q400 Dash 8 (Bombardier) Temporary Revision
ALI-0173, dated March 14, 2017. This service information describes CMR
Task 276000-110, ``Operational Check of the Ground Spoiler Switches in
the Power Lever Module.'' 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 86 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
We have determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although we
recognize that this number may vary from operator to operator. In the
past, we have estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), we have determined that a per-
operator estimate is more accurate than a per-airplane estimate.
Therefore, we estimate the total cost per operator to be $7,650 (90
work-hours x $85 per work-hour).
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 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) 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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