[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42209-42211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17754]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0072; Product Identifier 2017-NM-082-AD; Amendment 
39-19363; AD 2018-17-09]
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) 2014-05-28, 
which applied to certain Bombardier, Inc., Model DHC-8-400 series 
airplanes. AD 2014-05-28 required revising the maintenance or 
inspection program, as applicable. This AD requires revising the 
maintenance or inspection program, as applicable, to include a revised 
task. This AD was prompted by a determination that the interval from 
Maintenance Review Board (MRB) task number 323100-202 should not be 
escalated, and that Certification Maintenance Requirements (CMR) task 
number 323100-102 should be applicable to all Model DHC-8-400 series 
airplanes, regardless of which main landing gear (MLG) up-lock assembly 
is installed. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective September 25, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
25, 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: [email protected]; internet: 
http://www.bombardier.com. You may view this referenced 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-2018-0072.

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-
0072; 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 Docket Operations, 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: Darren Gassetto, Aerospace Engineer, 
Airframe and Mechanical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7323; 
fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to supersede AD 2014-05-28, Amendment 39-17800 (79 FR 18611, 
April 3, 2014) (``AD 2014-05-28''). AD 2014-05-28 applied to certain 
Bombardier, Inc., Model DHC-8-400 series airplanes. The NPRM published 
in the Federal Register on February 9, 2018 (83 FR 5746). The NPRM was 
prompted by our determination that the interval from MRB task number 
323100-202 should not be escalated, and that CMR task number 323100-102 
should be applicable to all Model DHC-8-400 series airplanes, 
regardless of which MLG up-lock assembly is installed.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD

[[Page 42210]]

CF-2017-15, effective May 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:

    [Canadian] AD CF-2012-21 [which corresponds to FAA AD 2014-05-
28] was issued to mandate the incorporation of Maintenance Review 
Board (MRB) task number 323100-202. As in-service experience has 
shown that the interval for MRB task number 323100-202 should not be 
escalated, Bombardier has introduced one-star CMR task number 
323100-102 to prevent task escalation. Bombardier has also revised 
the applicability of MRB task number 323100-202 to be applicable to 
the entire DHC-8-400/-401/-402 fleet, regardless of which main 
landing gear (MLG) up-lock assembly part number is installed. This 
revised applicability has resulted in CMR task number 323100-102 
also being made applicable to the entire DHC-8-400/-401/-402 fleet, 
regardless of MLG up-lock assembly part number installation.
    This [Canadian] AD mandates the incorporation of CMR task number 
323100-102 [into 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-
0072.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the NPRM and 
the FAA's response to that comment.

Request To Provide Actions for Operators With Task Already Included in 
Maintenance or Inspection Program

    Horizon Air requested that the proposed AD be revised to address 
operators that have already revised their maintenance or inspection 
program to include the information specified in CMR task number 323100-
102 of Q400 Dash 8 (Bombardier) Temporary Revision (TR) ALI-0168, dated 
October 31, 2016 (``Bombardier TR ALI-0168''). The commenter stated 
that paragraphs (h) and (i) of the proposed AD established compliance 
times and a method for the initial functional check of CMR task number 
323100-102. The commenter also noted that the method of compliance for 
the initial functional check in paragraph (i) of the proposed AD is 
based on accomplishing CMR task number ``32100-202.'' We infer the 
commenter meant CMR task number ``323100-102.'' The commenter stated 
that this does not address operators that have the CMR task already in 
place.
    We do not agree with the commenter's request. We contacted the 
commenter and, upon further discussion, it was determined that 
paragraph (i) of this AD does address the commenter's request regarding 
what operators that already have CMR task number 323100-102 in place 
should do. The commenter stated that it originally submitted the 
comment based on a misunderstanding and it intended to withdraw the 
comment. We have not changed this AD regarding this issue.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD 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 correcting 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 
(TR) ALI-0168, dated October 31, 2016. The service information 
describes CMR task number 323100-102, ``Functional Check of the Main 
Landing Gear Uplock Assembly Latch.'' 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 69 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 to 
the Director of the System Oversight Division.

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.

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,

[[Page 42211]]

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) 
2014-05-28, Amendment 39-17800 (79 FR 18611, April 3, 2014), and adding 
the following new AD:

2018-17-09 Bombardier, Inc.: Amendment 39-19363; Docket No. FAA-
2018-0072; Product Identifier 2017-NM-082-AD.

(a) Effective Date

    This AD is effective September 25, 2018.

(b) Affected ADs

    This AD replaces AD 2014-05-28, Amendment 39-17800 (79 FR 18611, 
April 3, 2014).

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-400, -401, and 
-402 airplanes, certificated in any category, serial numbers 4001, 
4003 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of excessive wear on the lower 
latch surface of the main landing gear (MLG) up-lock hook. This AD 
was also prompted by a determination that, the maintenance or 
inspection program, as applicable, must be revised to include a new 
task. We are issuing this AD to detect and correct up-lock hooks 
worn beyond the wear limit, which could prevent the successful 
extension of the MLG using the primary landing gear extension 
system, which in combination with an alternate extension system 
failure could result in the inability to extend the MLG.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in Certification Maintenance Requirements 
(CMR) task number 323100-102 of Q400 Dash 8 (Bombardier) Temporary 
Revision (TR) ALI-0168, dated October 31, 2016 (``Bombardier TR ALI-
0168''). The applicable maintenance or inspection program revision 
required by this paragraph may be done by inserting a copy of 
Bombardier TR ALI-0168, to Section 1-32, Landing Gear Maintenance 
Program, of Maintenance Review Board (MRB) Report Part 2, Bombardier 
Q400 Dash 8 Maintenance Requirements Manual, Product Support Manual 
(PSM) 1-84-7. When this temporary revision has been included in 
general revisions of the PSM, 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 Bombardier TR ALI-0168.

(h) Initial Functional Check Compliance Times

    For MLG up-lock assembly latches that have accumulated flight 
cycles which exceed the CMR task number 323100-102 interval 
specified in Bombardier TR ALI-0168: Perform the initial CMR task 
number 323100-102 functional check as specified in Bombardier TR 
ALI-0168 using the applicable compliance time specified in paragraph 
(h)(1), (h)(2), or (h)(3) of this AD.
    (1) For MLG up-lock assembly latches that have 14,200 total 
flight cycles or more as of the effective date of this AD: The 
compliance time for doing the initial functional check is within 800 
flight cycles after the effective date of this AD.
    (2) For MLG up-lock assembly latches that have 11,600 total 
flight cycles or more, but fewer than 14,200 total flight cycles, as 
of the effective date of this AD: The compliance time for doing the 
initial functional check is within 1,600 flight cycles after the 
effective date of this AD, but not to exceed 15,000 total flight 
cycles on the up-lock assembly latch.
    (3) For MLG up-lock assembly latches with fewer than 11,600 
total flight cycles as of the effective date of this AD: The 
compliance time for doing the initial functional check is within 
3,000 flight cycles after the effective date of this AD, but not to 
exceed 13,200 total flight cycles on the up-lock assembly latch.

(i) Method of Compliance for Initial Functional Check

    Accomplishing CMR task number 323100-102 of Bombardier TR MRB-
66, dated December 7, 2011, to Section 1-32, Landing Gear 
Maintenance Program, of MRB Report Part 1, Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7, within 3,000 flight 
cycles before the effective date of this AD, is a method of 
compliance for the initial functional check required by CMR task 
number 323100-102 as specified in Bombardier TR ALI-0168.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 manager of the ACO, send it 
to ATTN: Program Manager, Continuing Operational Safety, FAA, New 
York ACO Branch, 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s, TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2017-15, effective May 29, 2017, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2018-0072.
    (2) For more information about this AD, contact Darren Gassetto, 
Aerospace Engineer, Airframe and Mechanical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7323; fax 516-794-5531; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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) Q400 Dash 8 (Bombardier) Temporary Revision (TR) ALI-0168, 
dated October 31, 2016.
    (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: [email protected]; 
internet: http://www.bombardier.com.
    (4) 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.
    (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 Des Moines, Washington, on August 9, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-17754 Filed 8-20-18; 8:45 am]
BILLING CODE 4910-13-P


