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[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Rules and Regulations]
[Pages 43761-43763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17210]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1222; Directorate Identifier 2012-NM-134-AD; 
Amendment 39-17505; AD 2013-13-17]
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 superseding airworthiness directive (AD) 2011-13-08 for 
certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2011-13-
08 required a free-play check for excessive free-play of the shaft 
swaged bearing installed in the tailstock end of each elevator power 
control unit (PCU), and replacing any PCU on which the bearing exceeds 
allowable limits with a serviceable PCU. This new AD adds airplanes to 
the applicability from that of AD 2011-13-08. This AD was prompted by a 
determination that additional airplanes are affected by the identified 
unsafe condition. We are issuing this AD to detect and correct 
excessive free-play of the swaged bearings, which could lead to 
excessive airframe vibrations and difficulties in pitch control, and 
consequent loss of controllability of the airplane.

DATES: This AD becomes effective August 26, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 26, 
2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of August 
1, 2011 (76 FR 37253, June 27, 2011).

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 (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 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 to include an AD that would apply to the specified products. 
The NPRM was published in the Federal Register on December 4, 2012 (77 
FR 71729), and proposed to supersede AD 2011-13-08, Amendment 39-16731 
(76 FR 37253, June 27, 2011). Transport Canada Civil Aviation (TCCA), 
which is the aviation authority for Canada, has issued Canadian 
Airworthiness Directive CF-2010-28R1, dated June 12, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for the specified 
products. The Mandatory Continuing Airworthiness Information (MCAI) 
states:

    Several reports have been received on the elevator power control 
units (PCUs) where the shaft (tailstock) swaged bearing liners had 
shown a higher than normal rate of wear. Investigation revealed that 
the excessive wear was due to the paint contamination between the 
bearing roller and bearing liner. The bearing paint contamination is 
known to be abrasive and could seize the bearing.
    This condition, if not corrected, could lead to excessive 
airframe vibrations and difficulties in aircraft pitch control.
    This [TCCA] directive mandates a free-play check of the shaft 
swaged bearing installed in the elevator PCU tailstock end and 
replacement of the shaft swaged bearings if excessive free-play is 
found.
    This [TCCA] AD is revised to amend the applicability for DHC-8 
Series 400 aeroplanes.

The unsafe condition is loss of controllability 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 have considered the comments received.

Request To Clarify Applicability

    Bombardier, Inc. stated that the applicability in the NPRM (77 FR 
71729, December 4, 2012) is ``ambiguous.'' Bombardier noted that the 
applicability specifies a serial number range of airplanes, but the 
NPRM could be interpreted to apply to those PCUs or bearings installed 
on the airplane at the time of manufacture. Bombardier added that the 
preamble and service information sections of the NPRM contribute to 
this interpretation by citing paint contamination during airplane 
manufacture as the basis for bearing wear, in addition to the 
identification of PCUs and bearings by part number. Bombardier stated 
that the affected airplanes have a production run between the years 
2000 and 2010; the PCUs are line replaceable units and could have been 
removed from an affected airplane and installed on an airplane outside 
of the serial number range. Bombardier concluded that if the intent of 
the NPRM is to apply to PCUs installed at the time of airplane 
manufacture, there are no provisions to account for those PCUs in the 
NPRM or in the service information.
    We infer that the commenter wants clarification of the 
applicability. We agree to clarify. This AD applies only to those 
airplanes having serial numbers (S/Ns) 4001 through 4334 inclusive, and 
4336, and matches the applicability of Canadian Airworthiness Directive 
CF-2010-28R1, dated June 12, 2012. Based on the infrequent removal and 
replacement of single actuators, we have determined it is not necessary 
to include additional airplanes in the applicability at this time. To 
alter the applicability to include additional airplanes would require 
additional rulemaking. We find that delaying this action would be 
inappropriate in light of the identified unsafe condition. However, we 
might consider additional rulemaking to address any airplanes that 
might be identified in the future as having an affected PCU or bearing. 
We have made no change to this AD in this regard.

Request To Give Credit for Previous Accomplishment of Certain 
Inspections

    Bombardier also stated that maintenance review board (MRB) Task 
273000-213, ``Functional Check of the Elevator Free Play,'' was 
introduced on February 10, 2011, with a 12,000-flight-hour interval. 
Bombardier added that the NPRM (77 FR 71729, December 4, 2012) contains 
no provisions for giving credit for inspections accomplished using the 
MRB task, which applies to all airplanes and addresses excessive 
elevator free-play, regardless of the source.
    We disagree to give credit for previous accomplishment of the free-
play inspections using that MRB task because that task does not meet 
the requirements in this AD. The free-play inspections in this AD must 
be performed at the required compliance times in accordance with 
Bombardier Service

[[Page 43762]]

Bulletin 84-27-52, dated May 25, 2010; or Revision A, dated March 5, 
2012. However, as specified in paragraph (l)(1) of this AD, we might 
approve a request for an alternative method of compliance for the 
inspection requirements of this AD if substantiating data supporting 
the request is provided. We have made no change to the AD in this 
regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
this AD as proposed.

Costs of Compliance

    We estimate that this AD affects about 81 products of U.S. 
registry.
    The actions that were required by AD 2011-13-08, Amendment 39-16731 
(76 FR 37253, June 27, 2011), and retained in this AD take about 3 
work-hours per product, at an average labor rate of $85 per work hour. 
Based on these figures, the estimated cost of the actions retained from 
AD 2011-13-08 is $255 per product.
    We estimate that it will take about 3 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this AD on U.S. operators for the added airplanes to be $255 per 
product.
    In addition, we estimate that any necessary follow-on actions will 
take about 5 work-hours and require parts costing $33, for a cost of 
$458 per product. We have no way of determining the number of products 
that may need these actions.

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.
    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 this AD, the MCAI, 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.

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

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 airworthiness directive (AD) 
2011-13-08, Amendment 39-16731 (76 FR 37253, June 27, 2011), and adding 
the following new AD:

2013-13-17 Bombardier, Inc.: Amendment 39-17505. Docket No. FAA-
2012-1222; Directorate Identifier 2012-NM-134-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 26, 
2013.

(b) Affected ADs

    This AD supersedes AD 2011-13-08, Amendment 39-16731 (76 FR 
37253, June 27, 2011).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; having serial numbers 
(S/Ns) 4001 through 4334 inclusive, and 4336.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of replacement of several 
elevator power control units (PCUs) due to worn swaged bearings 
located in the elevator PCU tailstock. We are issuing this AD to 
detect and correct excessive free-play of the swaged bearings, which 
could lead to excessive airframe vibrations and difficulties in 
pitch control, and consequent loss of controllability of the 
airplane.

(f) Compliance

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

(g) Retained Free-Play Check With Revised Service Information

    This paragraph restates the requirements of paragraph (g) of AD 
2011-13-08, Amendment 39-16731 (76 FR 37253, June 27, 2011), with 
revised service information. For airplanes identified in paragraph 
(c) of this AD, except airplanes having S/N 4305 through 4334 
inclusive, and 4336: At the applicable time specified in paragraphs 
(g)(1) and (g)(2) of this AD, perform a free-play check for any 
shaft swaged bearing having part number (P/N) MS14103-7 that is 
installed in the tailstock end of each elevator PCU (three PCUs per 
elevator surface) having P/Ns 390600-1007 and 390600-1009, in 
accordance with paragraph 3.B., Part A, of Bombardier Service 
Bulletin 84-27-52, dated May 25, 2010; or Revision A, dated March 5, 
2012. As of the effective date of this AD, only Bombardier Service 
Bulletin 84-27-52, Revision A, dated March 5, 2012, may be used to 
accomplish the actions required by this paragraph.
    (1) For airplanes that have accumulated 8,000 or more total 
flight hours as of August 1, 2011 (the effective date of AD 2011-13-
08, Amendment 39-16731 (76 FR 37253, June 27, 2011)): Within 2,000 
flight hours after August 1, 2011 (the effective date of AD 2011-13-
08).
    (2) For airplanes that have accumulated less than 8,000 total 
flight hours as of August 1, 2011 (the effective date of AD 2011-13-
08, Amendment 39-16731 (76 FR 37253, June 27, 2011)): Within 6,000 
flight hours after August 1, 2011 (the effective date of AD 2011-13-
08), or before the accumulation of

[[Page 43763]]

10,000 total flight hours, whichever occurs first.

(h) Retained Follow-on Action With Revised Service Information

    This paragraph restates the requirements of paragraph (h) of AD 
2011-13-08, Amendment 39-16731 (76 FR 37253, June 27, 2011), with 
revised service information. If, during the check required by 
paragraph (g) of this AD, the bearing free-play is within the limits 
specified in Bombardier Service Bulletin 84-27-52, dated May 25, 
2010, or Revision A, dated March 5, 2012; no further action is 
required by this AD. As of the effective date of this AD, only 
Bombardier Service Bulletin 84-27-52, Revision A, dated March 5, 
2012, may be used to accomplish the actions required by this 
paragraph.

(i) Retained Corrective Actions With Revised Service Information

    This paragraph restates the requirements of paragraph (i) of AD 
2011-13-08, Amendment 39-16731 (76 FR 37253, June 27, 2011), with 
revised service information. If, during the check required by 
paragraph (g) of this AD, the bearing free-play exceeds the limits 
specified in Bombardier Service Bulletin 84-27-52, dated May 25, 
2010; or Revision A, dated March 5, 2012: Before further flight, 
replace the elevator PCU with a serviceable one, in accordance with 
paragraph 3.B., Part B, of Bombardier Service Bulletin 84-27-52, 
dated May 25, 2010; or Revision A, dated March 5, 2012. As of the 
effective date of this AD, only Bombardier Service Bulletin 84-27-
52, Revision A, dated March 5, 2012, may be used to accomplish the 
actions required by this paragraph.

(j) New Free-Play Check

    For airplanes having S/N 4305 through 4334 inclusive, and 4336: 
At the applicable time specified in paragraphs (j)(1) and (j)(2) of 
this AD, perform a free-play check for any shaft swaged bearing 
having P/N MS14103-7 that is installed in the tailstock end of each 
elevator PCU (three PCUs per elevator surface), having P/Ns 390600-
1007 and 390600-1009, in accordance with paragraph 3.B., Part A, of 
Bombardier Service Bulletin 84-27-52, Revision A, dated March 5, 
2012.
    (1) For airplanes that have accumulated 8,000 or more total 
flight hours as of the effective date of this AD: Within 2,000 
flight hours after the effective date of this AD.
    (2) For airplanes that have accumulated less than 8,000 total 
flight hours as of the effective date of this AD: Within 6,000 
flight hours after the effective date of this AD, or before the 
accumulation of 10,000 total flight hours, whichever occurs first.

(k) New Corrective Actions

    During the check required by paragraph (j) of this AD, if the 
bearing free-play is found to exceed the limits specified in 
Bombardier Service Bulletin 84-27-52, Revision A, dated March 5, 
2012: Before further flight, replace the elevator PCU with a 
serviceable one, in accordance with paragraph 3.B., Part B, of 
Bombardier Service Bulletin 84-27-52, Revision A, dated March 5, 
2012.

(l) Other FAA AD Provisions

    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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone (516) 228-7300; fax (516) 794-
5531. Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
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.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2010-28R1, dated June 12, 2012, 
for related information, which can be found in the AD docket on the 
Internet at http://www.regulations.gov.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
August 26, 2013.
    (i) Bombardier Service Bulletin 84-27-52, Revision A, dated 
March 5, 2012.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
August 1, 2011 (76 FR 37253, June 27, 2011).
    (i) Bombardier Service Bulletin 84-27-52, dated May 25, 2010.
    (ii) Reserved.
    (5) For service information identified in this 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.
    (6) You may review copies of the 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.
    (7) You may view this 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 21, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-17210 Filed 7-19-13; 8:45 am]
BILLING CODE 4910-13-P
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