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[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Rules and Regulations]               
[Page 32263-32266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-6]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1223; Directorate Identifier 2009-NM-114-AD; 
Amendment 39-16327; AD 2010-12-06]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series 
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 the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During final Acceptance Test Procedure (ATP), a small oil leak 
was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve 
bodies. Investigation revealed that a number of valves were 
manufactured with an incorrect wall thickness. This thin wall 
condition caused cracking, subsequent external weeping and pressure 
loss from the subject valves.
    This condition, if not corrected, will cause a loss of hydraulic 
fluid and subsequent loss of spoiler and/or rudder control.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective July 13, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 13, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7318; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

[[Page 32264]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 30, 2009 
(74 FR 69038). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    During final Acceptance Test Procedure (ATP), a small oil leak 
was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve 
bodies. Investigation revealed that a number of valves were 
manufactured with an incorrect wall thickness. This thin wall 
condition caused cracking, subsequent external weeping and pressure 
loss from the subject valves.
    This condition, if not corrected, will cause a loss of hydraulic 
fluid and subsequent loss of spoiler and/or rudder control.
    Revision 1 of this directive mandates a new interval for the 
initial inspection, clarifies the time for replacement of the 
valve(s) specified in Paragraphs 1.2 and 2.2, and clarifies the 
labeling of the inspected valves in Paragraph 3 of this directive.

Required actions include doing detailed inspections of the left-hand 
and right-hand spoiler unload and rudder shutoff valve for leaking and 
weeping, replacing discrepant left-hand and right-hand spoiler unload 
and rudder shutoff valves with new or serviceable valves, and 
eventually replacing all valves having a certain part number.
    You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Address Valves Inspected Previously

    Horizon Air requests that we address valves that have been 
inspected previously by the manufacturer by revising paragraphs (g)(1) 
and (g)(2) of the NPRM to include the phrase ``without suffix `A' after 
the serial number.'' Horizon Air explains that the NPRM, as written, 
requires the inspection to be done on all valves, regardless if they 
have been modified or unmodified. Horizon Air suggests that with the 
recommended phrasing, the NPRM would continue to require inspection of 
valves with the identified unsafe condition, but would not require 
inspection of valves inspected previously.
    We agree. Adding the phrase ``without suffix `A' after the serial 
number'' will eliminate unnecessary inspections for valves that have 
been inspected previously by the manufacturer. We have revised 
paragraphs (g)(1) and (g)(2) of this AD accordingly.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the changes described previously. We determined that these 
changes will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect 61 products of U.S. registry. 
We also estimate that it will take about 3 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $15,555, or $255 per product.

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 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,

[[Page 32265]]

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 AD:

2010-12-06 Bombardier, Inc.: Amendment 39-16327. Docket No. FAA-
2009-1223; Directorate Identifier 2009-NM-114-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 13, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, DHC-8-
401, and DHC-8-402 series airplanes, certificated in any category, 
serial numbers 4105 through 4179 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight 
controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During final Acceptance Test Procedure (ATP), a small oil leak 
was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve 
bodies. Investigation revealed that a number of valves were 
manufactured with an incorrect wall thickness. This thin wall 
condition caused cracking, subsequent external weeping and pressure 
loss from the subject valves.
    This condition, if not corrected, will cause a loss of hydraulic 
fluid and subsequent loss of spoiler and/or rudder control.
    Revision 1 of this directive mandates a new interval for the 
initial inspection, clarifies the time for replacement of the 
valve(s) specified in Paragraphs 1.2 and 2.2, and clarifies the 
labeling of the inspected valves in Paragraph 3 of this directive.

Required actions include doing detailed inspections of the left-hand 
and right-hand spoiler unload and rudder shutoff valve for leaking 
and weeping, replacing discrepant left-hand and right-hand spoiler 
unload and rudder shutoff valves with new or serviceable valves, and 
eventually replacing all valves having a certain part number.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Do the actions specified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD, as applicable.
    (1) For airplanes having serial numbers 4105 through 4172 
inclusive: Within 750 flight hours after the effective date of this 
AD, do a detailed inspection of the left-hand and right-hand spoiler 
unload valves having part number (P/N) 396000-1005 without suffix 
``A'' after the serial number, for leaking and weeping, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-37, dated February 5, 2009. For airplanes 
with left-hand and right-hand spoiler unload valves having P/N 
396000-1005 with suffix ``A'' after the serial number, no further 
action is required by this paragraph.
    (i) If any leaking or weeping is found, prior to further flight, 
replace the affected spoiler unload valve with a new or serviceable 
valve, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-27-37, dated February 5, 2009.
    (ii) If no leaking and no weeping are found, replace the valves 
with new or serviceable valves within 6,000 flight hours after the 
initial inspection required by paragraph (g)(1) of this AD, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-37, dated February 5, 2009.
    (2) For airplanes having serial numbers 4113 through 4179 
inclusive: Within 750 flight hours after the effective date of this 
AD, do a detailed inspection of the left-hand and right-hand rudder 
shutoff valves having P/N 412700-1001 without suffix ``A'' after the 
serial number, for leaking and weeping, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-27-39, 
dated February 5, 2009. For airplanes with left-hand and right-hand 
rudder shutoff valves having P/N 412700-1001 with suffix ``A'' after 
the serial number, no further action is required by this paragraph.
    (i) If any leaking or weeping is found, prior to further flight, 
replace the affected rudder shutoff valve with a new or serviceable 
valve, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-27-39, dated February 5, 2009.
    (ii) If no leaking and no weeping are found, replace the valves 
with new or serviceable valves within 6,000 flight hours after the 
initial inspection required by paragraph (g)(2) of this AD, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-39, dated February 5, 2009.
    (3) As of the effective date of this AD, no person may install a 
spoiler unload valve assembly having P/N 396000-1005, having a 
serial number from 0289 through 0424 inclusive, or rudder shutoff 
valve having P/N 412700-1001, having a serial number from 0239 
through 0384 inclusive, on any airplane, unless the valve has been 
inspected by the manufacturer and labeled with a suffix ``A'' after 
the serial number.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. Send information to Attn: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-25R1, 
dated July 23, 2009; Bombardier Service Bulletin 84-27-37, dated 
February 5, 2009; and Bombardier Service Bulletin 84-27-39, dated 
February 5, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 84-27-37, dated 
February 5, 2009; or Bombardier Service Bulletin 84-27-39, dated 
February 5, 2009; as applicable; to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail thd.qseries@aero.bombardier.com; Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

[[Page 32266]]

    Issued in Renton, Washington, on May 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-13425 Filed 6-7-10; 8:45 am]
BILLING CODE 4910-13-P
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