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[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Rules and Regulations]
[Pages 14997-14999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04851]

[[Page 14997]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0689; Directorate Identifier 2012-NM-225-AD; 
Amendment 39-17791; AD 2014-05-18]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc.

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 all 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by a report that a batch of main landing gear (MLG) door actuators with 
a certain part number having certain serial numbers could be assembled 
with the scraper installed backward. This AD requires repetitive 
functional checks of the MLG alternate extension system (AES) and 
eventual replacement of certain MLG door actuators with actuators that 
have either been reworked or do not have certain serial numbers. We are 
issuing this AD to prevent incorrectly installed scrapers, which could 
hinder the operation of the MLG AES, and result in failure of the MLG 
AES on one side, and consequent unsafe asymmetrical landing 
configuration.

DATES: This AD becomes effective April 22, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 22, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0689; 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 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. 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.

FOR FURTHER INFORMATION CONTACT: Luke Walker, 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 516-228-7363; 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 all Bombardier, Inc. Model 
DHC-8-400 series airplanes. The NPRM published in the Federal Register 
on August 13, 2013 (78 FR 49240). The NPRM was prompted by a report 
that a batch of main landing gear (MLG) door actuators with a certain 
part number having certain serial numbers could be assembled with the 
scraper installed backward. The NPRM proposed to require repetitive 
functional checks of the MLG alternate extension system (AES) and 
eventual replacement of certain MLG door actuators with actuators that 
have either been reworked or do not have certain serial numbers. We are 
issuing this AD to prevent incorrectly installed scrapers, which could 
hinder the operation of the MLG AES, and result in failure of the MLG 
AES on one side, and consequent unsafe asymmetrical landing 
configuration.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-28R1, dated November 26, 2012 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

    It was discovered that a batch of [main landing gear] MLG door 
actuators, [part number] P/N 46830-7, may be assembled with the 
scraper installed backwards. This condition, if not corrected, could 
result in increased actuator friction, which could hinder operation 
of the MLG alternate extension system (AES). In the case of a 
failure of the primary MLG extension system, the failure of the MLG 
AES on one side will lead to an unsafe asymmetrical landing 
configuration.
    This [Canadian] AD mandates the repetitive functional check of 
the AES until replacement of the affected MLG door actuators.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0689-0003.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
(78 FR 49240, August 13, 2013) and the FAA's response to each comment.

Request To Correct Typographical Error

    Horizon Air noted that the part number of the MLG door actuator was 
incorrect in paragraphs (i) and (k) of the NPRM (78 FR 49240, August 
13, 2013). The correct part number is 46830-7 but is specified as 
16830-7 in paragraphs (i) and (k) of the NPRM.
    We agree there was an error regarding the part number of the MLG 
door actuator in paragraphs (i) and (k) of the NPRM (78 FR 49240, 
August 13, 2013) and have corrected the part number in paragraphs (i) 
and (k) of this final rule.

Request To Clarify Which MLG Actuators Require a Functional Check

    Horizon Air stated that paragraph (h) of the NPRM (78 FR 49240, 
August 13, 2013) does not clearly define the conditions that require a 
functional check of the MLG AES. Horizon Air commented that the wording 
of paragraph (h) of the NPRM implied that all MLG door actuators having 
part number (P/N) 46830-7 must have a functional check accomplished, in 
accordance with Part A of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-108, Revision A, dated October 1, 2012. Horizon 
Air noted that airplanes having MLG actuators that are clearly outside 
of the affected group do not need a MLG AES functional check. The 
commenter recommended that the airplanes subject to the functional 
check of paragraph (h) of the NPRM be changed to those with ``. . . any 
MLG door actuator having P/N 46830-7 and a serial number included in 
paragraph 1.A., `Effectivity,' of Bombardier Service Bulletin 84-32-
108, Revision A, dated October 1, 2012, or the P/N is unable to be 
determined.''
    We agree with the commenter and have revised paragraph (h) of this 
final rule to clarify that only MLG door actuators having P/N 46830-7 
and a serial number included in paragraph 1.A. ``Effectivity,'' of 
Bombardier Service Bulletin 84-32-108, Revision A, dated October 1, 
2012, or a part number that cannot be determined, require a functional 
check.

Request To Require Only Certain Section of the Service Information

    One commenter, Mattson, requested that the language in the NPRM (78 
FR 49240, August 13, 2013) be changed

[[Page 14998]]

from mandating that the required actions be accomplished in accordance 
with the Accomplishment Instructions of Bombardier Service Bulletin 84-
32-108, Revision A, dated October 1, 2012, to specifically stating that 
the required actions be accomplished in accordance with Section B, 
``Procedures,'' of the Accomplishment Instructions. The commenter 
stated that only the actions in Section B of the service information 
address the unsafe condition, and the FAA should not dictate the 
working environment for implementing the correction to the unsafe 
condition. The commenter asserted that requiring operators to follow 
the procedures in Section A, ``Job Setup,'' and Section C, 
``Closeout,'' of the Accomplishment Instructions of Bombardier Service 
Bulletin 84-32-108, Revision A, dated October 1, 2012, forces them to 
have the airplane in a specific condition and keep it in that condition 
while performing the corrective action. Furthermore, if an operator 
wanted to deviate from an action specified in Section A or Section C of 
the service information, it would have to request an alternative method 
of compliance (AMOC), which would increase the cost of compliance with 
the proposed AD.
    We agree to clarify the required actions. Paragraphs (h) and (i) of 
the NPRM (78 FR 49240, August 13, 2013) do not require the actions in 
paragraphs 3.A., ``Job Set-Up,'' and 3.C., ``Close Out,'' of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-2-108, 
Revision A, dated October 1, 2012. The actions required by paragraphs 
(h) and (i) of the NPRM must be done in accordance with Part A, 
``Inspection,'' and Part B, ``Actuator Replacement,'' of paragraph 
3.B., ``Procedure,'' of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-2-108, Revision A, dated October 1, 2012. For 
clarity, we have revised paragraphs (h) and (i) of this final rule to 
include the reference to paragraph 3.B., ``Procedure,'' of the 
Accomplishment Instructions of the service information.

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 (78 FR 49240, August 13, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 49240, August 13, 2013).

Costs of Compliance

    We estimate that this AD affects 2 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Records check, functional check,      17 work-hours x $85 per            $128           $1,573           $3,146
 replacement of actuators.             hour = $1,445.
----------------------------------------------------------------------------------------------------------------

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.

Examining the AD Docket

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0689-0003; 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 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 adding the following new AD:

2014-05-18 Bombardier, Inc.: Amendment 39-17791. Docket No. FAA-
2013-0689; Directorate Identifier 2012-NM-225-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 22, 
2014.

(b) Affected ADs

    None.

[[Page 14999]]

(c) Applicability

    This AD applies to all Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that a batch of main landing 
gear (MLG) door actuators with a certain part number having certain 
serial numbers could be assembled with the scraper installed 
backward. We are issuing this AD to prevent incorrectly installed 
scrapers, which could hinder the operation of the MLG alternate 
extension system (AES), and result in failure of the MLG AES on one 
side, and consequent unsafe asymmetrical landing configuration.

(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) Inspection to Determine Part Number of MLG Door Actuators

    Within 50 flight hours after the effective date of this AD, 
inspect the MLG door actuators to determine whether part number (P/
N) 46830-7 is installed. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number of the MLG 
door actuator can be conclusively determined from that review.

(h) Functional Check of the MLG AES

    If, during the inspection to determine the part number of the 
MLG actuators as required by paragraph (g) of this AD, any MLG door 
actuator having P/N 46830-7 and a serial number included in 
paragraph 1.A. ``Effectivity,'' of Bombardier Service Bulletin 84-
32-108, Revision A, dated October 1, 2012, is found; or if the part 
number is unable to be determined: At the applicable time specified 
in paragraph (h)(1) or (h)(2) of this AD, do a functional check of 
the MLG AES, in accordance with Part A of paragraph 3.B. 
``Procedure,'' of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-32-108, Revision A, dated October 1, 2012. 
Repeat the functional check thereafter at intervals not to exceed 50 
flight cycles until the actions required by paragraph (i) of this AD 
are done. If the force applied during the functional check exceeds 
67 pound-force (lbf), before further flight, replace the affected 
actuator, in accordance with Part B of paragraph 3.B. ``Procedure,'' 
of the Accomplishment Instructions of Bombardier Service Bulletin 
84-32-108, Revision A, dated October 1, 2012.
    (1) For airplanes with MLG door actuators that have accumulated 
more than 950 total flight hours as of the effective date of this 
AD: Within 50 flight hours after the effective date of this AD.
    (2) For airplanes with MLG door actuators that have accumulated 
950 total flight hours or less as of the effective date of this AD: 
Within 1,000 flight hours after the effective date of this AD.

(i) Terminating Action for Repetitive Functional Checks

    At the earlier of the times specified in paragraphs (i)(1) and 
(i)(2) of this AD: Replace all MLG door actuators having P/N 46830-7 
and a serial number included in paragraph 1.A. ``Effectivity,'' of 
Bombardier Service Bulletin 84-32-108, Revision A, dated October 1, 
2012, with MLG door actuators reworked in accordance with Part B of 
paragraph 3.B. ``Procedure,'' of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-32-108, Revision A, dated October 1, 
2012, or with a MLG door actuator having P/N 46830-7 and a serial 
number that is not included in section 1.A. ``Effectivity,'' of 
Bombardier Service Bulletin 84-32-108, Revision A, dated October 1, 
2012. Installation of a MLG door actuator having P/N 46830-7 with 
``Mod Status 32-106'' on the identification plate is acceptable for 
compliance with the requirements of this paragraph.
    (1) Prior to the accumulation of 3,000 total flight hours on any 
MLG door actuator, or within 50 flight hours after the effective 
date of this AD, whichever occurs later.
    (2) Within 12 months or 2,000 flight hours after the effective 
date of this AD, whichever occurs first.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(i) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 84-32-108, dated 
September 6, 2012, which is not incorporated by reference in this 
AD.

(k) Parts Installation Limitation

    As of the effective date of this AD, no person may install a MLG 
door actuator having P/N 46830-7, with a serial number identified in 
paragraph 1.A. ``Effectivity,'' of Bombardier Service Bulletin 84-
32-108, Revision A, dated October 1, 2012, unless ``Mod Status 32-
106'' is on the identification plate.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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 ATTN: 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2012-28R1, dated November 
26, 2012, for related information. The MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0689-0003.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (n)(3) and (n)(4) of this AD.

(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 this AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-32-108, Revision A, dated 
October 1, 2012.
    (ii) Reserved.
    (3) 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.
    (4) You may view this 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.
    (5) 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 February 19, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-04851 Filed 3-17-14; 8:45 am]
BILLING CODE 4910-13-P
```