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[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Rules and Regulations]               
[Page 39798-39801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy10-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0382; Directorate Identifier 2009-NM-211-AD; 
Amendment 39-16361; AD 2010-14-16]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400, -401, 
and -402 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding an existing 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:

    Several cases have been reported where a loss of fluid in the 
No.2 hydraulic system has caused the power transfer unit (PTU) to 
overspeed, resulting in pressure fluctuations and increased fluid 
flow within the No. 1 hydraulic system. In one case, the hydraulic 
system control logic did not shut down the PTU and the overspeed 
condition persisted, resulting in the illumination of the No.1 HYD 
FLUID HOT caution light.
* * * * *
The unsafe condition is possible loss of both the No. 1 and No. 2 
hydraulic systems, resulting in the potential loss of several functions 
essential for safe flight and landing of the airplane. We are issuing 
this AD to require actions to correct the unsafe condition on these 
products.

DATES: This AD becomes effective August 17, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 17, 
2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 2, 
2008 (73 FR 47818, August 15, 2008).
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of July 
10, 2007 (72 FR 30968, June 5, 2007).

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: Fabio Buttitta, 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) 228-7303; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

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 April 21, 2010 (75 
FR 20787), and proposed to supersede AD 2008-17-06, Amendment 39-15644 
(73 FR 47818, August 15, 2008). That NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:
    Since we issued AD 2008-17-06, a modification of the power transfer 
unit (PTU) control logic, including the provision of automatic PTU 
shutdown in the event of loss of fluid in the No. 2 hydraulic system, 
has been developed. The modification addresses the identified unsafe 
condition. In addition, the applicability has been revised to remove 
airplanes having serial number 4185 and subsequent, since an equivalent 
modification has been installed in production on these airplanes. 
Transport Canada Civil Aviation (TCCA), which is the aviation authority 
for Canada, has issued Canadian Airworthiness Directive CF-2006-08R1, 
dated August 31, 2009 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Several cases have been reported where a loss of fluid in the 
No.2 hydraulic system has caused the power transfer unit (PTU) to 
overspeed, resulting in pressure fluctuations and increased fluid 
flow within the No. 1 hydraulic system. In one case, the hydraulic 
system control logic did not shut down the PTU and the overspeed 
condition persisted, resulting in the illumination of the No. 1 HYD 
FLUID HOT caution light.
    As an interim action to avoid possible loss of both the No. 1 
and No. 2 hydraulic systems, the Airplane Flight Manual (AFM) has 
been revised to include pulling the HYD PWR XFER circuit breaker in 
the event of the loss of all hydraulic fluid in the No. 2 hydraulic 
system.
    Insertion of the resultant Temporary Amendment (TA) No. 13 into 
the AFM was mandated in the original issue of this [Canadian] 
directive. This instruction * * * remains in effect until * * * this 
[revised] directive is accomplished.
    Revision 1 of this directive * * * mandates modification of the 
PTU control logic, including the provision of automatic PTU shutdown 
in the event of loss of fluid in the No. 2 hydraulic system. In 
addition, the applicability of the [Canadian] directive has been 
revised to remove aircraft Serial Number (SN) 4185 and subsequent, 
since an equivalent modification has been installed in production on 
these aircraft.

The unsafe condition is possible loss of both the No. 1 and No. 2 
hydraulic systems, resulting in the potential loss of several functions 
essential for safe flight and landing of the airplane. 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 received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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

[[Page 39799]]

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.

Costs of Compliance

    We estimate that this AD will affect about 42 products of U.S. 
registry.
    The actions that are required by AD 2008-17-06 and retained in this 
AD take about 1 work-hour per product, at an average labor rate of $85 
per work hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the currently required actions is $85 
per product.
    We estimate that it will take about 165 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $10,982 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 $1,050,294, or $25,007 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, 
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 removing Amendment 39-39-15644 (73 FR 
47818, August 15, 2008) and adding the following new AD:

2010-14-16 Bombardier, Inc.: Amendment 39-16361. Docket No. FAA-
2010-0382; Directorate Identifier 2009-NM-211-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
17, 2010.

Affected ADs

    (b) This AD supersedes AD 2008-17-06, Amendment 39-15644.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category; serial numbers 
4001, 4003, 4004, 4006, and 4008 through 4184 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 29: 
Hydraulic power.

Reason

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

    Several cases have been reported where a loss of fluid in the 
No.2 hydraulic system has caused the power transfer unit (PTU) to 
overspeed, resulting in pressure fluctuations and increased fluid 
flow within the No. 1 hydraulic system. In one case, the hydraulic 
system control logic did not shut down the PTU and the overspeed 
condition persisted, resulting in the illumination of the No. 1 HYD 
FLUID HOT caution light.
    As an interim action to avoid possible loss of both the No. 1 
and No. 2 hydraulic systems, the Airplane Flight Manual (AFM) has 
been revised to include pulling the HYD PWR XFER circuit breaker in 
the event of the loss of all hydraulic fluid in the No. 2 hydraulic 
system.
    Insertion of the resultant Temporary Amendment (TA) No. 13 into 
the AFM was mandated in the original issue of this [Canadian] 
directive. This instruction * * * remains in effect until * * * this 
[revised] directive is accomplished.
    Revision 1 of this directive * * * mandates modification of the 
PTU control logic, including the provision of automatic PTU shutdown 
in the event of loss of fluid in the No. 2 hydraulic system. In 
addition, the applicability of the [Canadian] directive has been 
revised to remove aircraft Serial Number (SN) 4185 and subsequent, 
since an equivalent modification has been installed in production on 
these aircraft.

The unsafe condition is possible loss of both the No. 1 and No. 2 
hydraulic systems, resulting in the potential loss of several 
functions essential for safe flight and landing of the airplane.

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.

RESTATEMENT OF REQUIREMENTS OF AD 2007-12-03 AIRPLANE FLIGHT MANUAL 
(AFM) REVISION

    (g) Within 14 days after July 10, 2007 (the effective date of AD 
2007-12-03, Amendment 39-15081, which was superseded by AD 2008-17-
06), revise the Limitations section of the applicable AFM to include 
the information in the applicable Bombardier temporary amendment 
specified in Table 1 of this AD, as specified in the temporary 
amendment. These temporary amendments introduce procedures for

[[Page 39800]]

pulling the ``HYD PWR XFER'' circuit breaker in the event of the 
loss of all hydraulic fluid in the No. 1 or No. 2 hydraulic system. 
Operate the airplane according to the limitations and procedures in 
the applicable temporary amendment.

                                                            Table 1--AFM Temporary Amendments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Use Bombardier
              For model--                    temporary          Issue--                     Dated--                  To Bombardier Dash 8 Q400 Airplane
                                            amendment--                                                                        Flight Manual--
--------------------------------------------------------------------------------------------------------------------------------------------------------
DHC-8-400 airplanes....................                13                 1  July 14, 2005........................  PSM 1-84-1A.
DHC-8-401 airplanes....................                13                 1  July 14, 2005........................  PSM 1-84-1A.
DHC-8-402 airplanes....................                13                 1  July 14, 2005........................  PSM 1-84-1A.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Note 1: This may be done by inserting a copy of the applicable 
temporary amendment into the applicable AFM. When the applicable 
temporary amendment has been included in general revisions of the 
AFM, the general revisions may be inserted into the AFM, provided 
the relevant information in the general revisions is identical to 
that in the temporary amendment.

Restatement of Requirements of AD 2008-17-06: AFM Revision

    (h) Within 14 days after September 2, 2008 (the effective date 
of AD 2008-17-06), revise the applicable AFM Normal and Abnormal 
Procedures section to include the information in the applicable 
Bombardier temporary amendment specified in Table 2 of this AD, as 
specified in the temporary amendment. These temporary amendments 
introduce additional procedures for ensuring that the ``PTU CNTRL'' 
switch is Normal, the ``PTU CNTRL ON'' advisory light is out, and 
the ``HYD PWR XFER'' circuit breaker is pulled in the event of the 
illumination of the ``2 HYD ISO VALVE'' caution light. 
After accomplishing the AFM revision, the AFM limitation required by 
paragraph (g) in this AD may be removed from the AFM.

                                                            Table 2--AFM Temporary Amendments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Use Bombardier
              For model--                    temporary          Issue--                     Dated--                  To Bombardier Dash 8 Q400 Airplane
                                            amendment--                                                                        Flight Manual--
--------------------------------------------------------------------------------------------------------------------------------------------------------
DHC-8-400 airplanes....................                13                 3  June 9, 2008.........................  PSM 1-84-1A.
DHC-8-401 airplanes....................                13                 3  June 9, 2008.........................  PSM 1-84-1A.
DHC-8-402 airplanes....................                13                 3  June 9, 2008.........................  PSM 1-84-1A.
--------------------------------------------------------------------------------------------------------------------------------------------------------

New Requirements of This AD: Actions

    (i) Within 6,000 flight hours after the effective date of this 
AD, modify the PTU control logic, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-29-22, 
Revision A, dated February 24, 2009. Doing this modification 
terminates the requirements of paragraphs (g) and (h) of this AD, 
and after the modification has been done, the AFM limitation 
required by paragraphs (g) and (h) of this AD may be removed from 
the AFM.
    (j) Modifying the PTU control logic is also acceptable for 
compliance with the requirements of paragraph (i) of this AD if done 
before the effective date of this AD, in accordance with Bombardier 
Service Bulletin 84-29-22, dated December 5, 2008.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (k) 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

    (l) Refer to MCAI Canadian Airworthiness Directive CF-2006-08R1, 
dated August 31, 2009; the Bombardier temporary amendments specified 
in Tables 1 and 2; and Bombardier Service Bulletin 84-29-22, 
Revision A, dated February 24, 2009; for related information.

Material Incorporated by Reference

    (m) You must use Bombardier Service Bulletin 84-29-22, Revision 
A, dated February 24, 2009, and the applicable temporary amendment 
identified in Table 3 of this AD; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise.

                           Table 3--All Temporary Amendments Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                                                                          To Bombardier Dash 8
   Bombardier temporary amendment--      Issue--                 Dated--                  Q400 Airplane Flight
                                                                                                Manual--
----------------------------------------------------------------------------------------------------------------
13....................................          1  July 14, 2005......................  Model 400 PSM 1-84-1A.
13....................................          1  July 14, 2005......................  Model 401 PSM 1-84-1A.
13....................................          1  July 14, 2005......................  Model 402 PSM 1-84-1A.
13....................................          3  June 9, 2008.......................  Model 400 PSM 1-84-1A.
13....................................          3  June 9, 2008.......................  Model 401 PSM 1-84-1A.
13....................................          3  June 9, 2008.......................  Model 402 PSM 1-84-1A.
----------------------------------------------------------------------------------------------------------------

[[Page 39801]]

     (1) The Director of the Federal Register approved the 
incorporation by reference of Bombardier Service Bulletin 84-29-22, 
Revision A, dated February 24, 2009, under 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of the service information contained in 
Table 4 of this AD on September 2, 2008 (73 FR 47818, August 15, 
2008).

                     Table 4--Material Previously Incorporated by Reference in AD 2008-17-06
----------------------------------------------------------------------------------------------------------------
                                                                                          To Bombardier Dash 8
   Bombardier temporary amendment--      Issue--                 Dated--                  Q400  Airplane Flight
                                                                                                Manual--
----------------------------------------------------------------------------------------------------------------
13....................................          3  June 9, 2008.......................  Model 400 PSM 1-84-1A.
13....................................          3  June 9, 2008.......................  Model 401 PSM 1-84-1A.
13....................................          3  June 9, 2008.......................  Model 402 PSM 1-84-1A.
----------------------------------------------------------------------------------------------------------------

     (3) On July 10, 2007 (72 FR 30968, June 5, 2007), the Director 
of the Federal Register approved the incorporation by reference of 
the temporary amendments identified in Table 5 of this AD.

                     Table 5--Material Previously Incorporated by Reference in AD 2007-12-03
----------------------------------------------------------------------------------------------------------------
                                                                                          To Bombardier Dash 8
   Bombardier temporary amendment--      Issue--                 Dated--                  Q400  Airplane Flight
                                                                                                Manual--
----------------------------------------------------------------------------------------------------------------
13....................................          1  July 14, 2005......................  Model 400 PSM 1-84-1A.
13....................................          1  July 14, 2005......................  Model 401 PSM 1-84-1A.
13....................................          1  July 14, 2005......................  Model 402 PSM 1-84-1A.
----------------------------------------------------------------------------------------------------------------

     (4) 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.
    (5) 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.
    (6) 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.

    Issued in Renton, Washington, on June 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-16434 Filed 7-12-10; 8:45 am]
BILLING CODE 4910-13-P
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