[Federal Register Volume 84, Number 171 (Wednesday, September 4, 2019)]
[Rules and Regulations]
[Pages 46434-46437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18965]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0322; Product Identifier 2019-NM-039-AD; Amendment 
39-19712; AD 2019-16-09]
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: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model DHC-8-400 series airplanes. This AD was 
prompted by reports of cracked elevator power control unit (PCU) 
brackets on the horizontal stabilizer rear spar and cracking on the 
elevator front spar. This AD requires one-time inspections for cracks 
and damage of the elevator PCU brackets and surrounding area, 
horizontal stabilizer rear spar, and elevator front spar, and related 
investigative and corrective actions if necessary. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective October 9, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 9, 
2019.

ADDRESSES: For service information identified in this final rule, 
contact De Havilland Aircraft of Canada Ltd., Q-

[[Page 46435]]

Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 
1Y5, Canada; phone: 416-375-4000; fax: 416-375-4539; email: 
thd@dehavilland.com; internet: https://dehavilland.com. 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. It is also available on 
the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2019-0322.

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-2019-
0322; 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 is 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: Andrea Jimenez, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-
794-5531; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Bombardier, 
Inc., Model DHC-8-400 series airplanes. The NPRM published in the 
Federal Register on May 14, 2019 (84 FR 21268). The NPRM was prompted 
by reports of cracked elevator PCU brackets on the horizontal 
stabilizer rear spar and cracking on the elevator front spar. The NPRM 
proposed to require one-time inspections for cracks and damage of the 
elevator PCU brackets and surrounding area, horizontal stabilizer rear 
spar, and elevator front spar, and related investigative and corrective 
actions if necessary.
    The FAA is issuing this AD to address failure of an elevator PCU 
bracket or fracture of the front spar into two segments; either 
structural failure may cause a jam in one elevator or a loss of 
airplane pitch control if both elevators are affected.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2018-34, dated December 
17, 2018 (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:

    There have been five in-service reports of cracked elevator 
power control unit (PCU) brackets on the horizontal stabilizer rear 
spar, and two reports of cracking on the elevator front spar. In one 
case, the PCU bracket cracking led to detachment of the bracket 
during pushback. An investigation found that the force-fight loads 
induced by elevator PCUs not rigged to the required tolerance is the 
common factor in cracking of both the elevator PCU bracket and of 
the elevator front spar. A secondary contributor to the elevator PCU 
bracket cracking is the bracket flange preload that may be induced 
during production installation. Failure of an elevator PCU bracket 
or progression of the elevator front spar cracking into two segments 
may cause the affected elevator to jam. Failure of an elevator 
bracket on both elevators, or progression of elevator front spar 
cracking into two segments on both elevators, could cause a loss of 
aeroplane pitch control.
    This [Canadian] AD mandates a one-time inspection of the 
elevator PCU brackets, the horizontal stabilizer rear spar and 
elevator front spar with reporting of inspection findings. Any 
brackets found cracked are to be replaced with new brackets with 
improved strength. For any spar found cracked, obtain instructions 
to repair the spar from Bombardier and repair the spar accordingly. 
Additional corrective action may be considered depending on the 
results of the inspections findings.

    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-2019-
0322.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Remove Certain Service Information Procedures

    Horizon Air requested that the FAA change the language in the 
introductory text of paragraph (g) of the proposed AD from mandating 
``the Accomplishment Instructions'' in the service information to 
mandating only the section that corrects the unsafe condition. Horizon 
Air stated that the Accomplishment Instructions, Part A, ``Job Set-
up,'' and Part C, ``Close Out,'' do not directly correct the unsafe 
condition. Horizon Air stated that incorporating these two sections as 
a requirement in the AD restricts an operator's ability to accomplish 
other maintenance in conjunction with the required actions to correct 
the unsafe condition.
    The FAA agrees with the commenter's request to exclude the ``Job 
Set-up'' and ``Close Out'' sections of Bombardier Service Bulletin 84-
55-09, dated June 7, 2018. The FAA has revised the introductory text of 
paragraph (g) of this AD to require accomplishment of Section 3.B, Part 
A, of the Accomplishment Instructions of Bombardier Service Bulletin 
84-55-09, dated June 7, 2018, and the FAA has revised paragraph (g)(1) 
of this AD to require accomplishment of Section 3.B, Part B, of the 
Accomplishment Instructions of Bombardier Service Bulletin 84-55-09, 
dated June 7, 2018.

Request To Revise Company Name and Email Address

    Horizon Air requested that the FAA update the contact information 
for reporting in the introductory text of paragraph (h) of the proposed 
AD. Horizon Air pointed out that De Havilland Aircraft of Canada Ltd is 
now the design approval holder (DAH) for the Q400 aircraft.
    The FAA agrees with the commenter's request. The FAA has updated 
the address information accordingly in this final rule.
    As a note, there is a difference between the commercial designation 
and the model designation on the U.S. type certificate data sheet 
(TCDS). ``Q400'' is the commercial designation, while Bombardier, Inc., 
Model DHC-8-400 is the designation on the TCDS. The FAA uses the model 
designation on the TCDS to define the applicability in ADs and, as a 
result, have not changed the applicability of this AD. The FAA is in 
the process of changing the TCDS to reflect the name change for these 
models. The FAA will use the name identified in the current TCDS so as 
not to delay issuance of the final rule. Once the TCDS has been 
changed, the FAA will use the new name in subsequent ADs.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:

[[Page 46436]]

     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-55-09, dated June 7, 
2018. This service information describes procedures for one-time 
detailed visual and fluorescent penetrant inspections for cracks and 
damage of the elevator PCU brackets (including the surrounding area), 
horizontal stabilizer rear spar, and elevator front spar, and related 
investigative and corrective actions if necessary. The related 
investigative action is an eddy current inspection for cracking of 
certain mating holes of the horizontal stabilizer rear spar. Corrective 
actions include replacement of the elevator PCU brackets and repair of 
the horizontal stabilizer rear spar and elevator front spar.
    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

    The FAA estimates that this AD affects 54 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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                                                                                                 Cost on U.S.
                     Labor cost                           Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
13 work-hours x $85 per hour = $1,105...............                 $0              $1,105             $59,670
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* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be 
$4,590, or $85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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18 work-hours x $85 per hour =                   $0              $1,530
 $1,530.........................
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Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to the FAA 
at 800 Independence Ave. SW, Washington, DC 20591, ATTN: Information 
Collection Clearance Officer, AES-200.

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.
    The FAA is 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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

[[Page 46437]]

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 airworthiness 
directive (AD):

2019-16-09 Bombardier, Inc.: Amendment 39-19712; Docket No. FAA-
2019-0322; Product Identifier 2019-NM-039-AD.

(a) Effective Date

    This AD is effective October 8, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-400, -401, and 
-402 airplanes, certificated in any category, serial numbers 4001 
through 4580 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracked elevator power 
control unit (PCU) brackets on the horizontal stabilizer rear spar 
and cracking on the elevator front spar. The FAA is issuing this AD 
to address this condition, which, if not detected and corrected, may 
cause failure of an elevator PCU bracket or fracture the front spar 
into two segments; either structural failure may cause a jam in one 
elevator or a loss of airplane pitch control if both elevators are 
affected.

(f) Compliance

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

(g) Inspections

    No earlier than 7,500 total accumulated flight hours, but before 
accumulating 8,000 flight hours after the effective date of this AD: 
Perform detailed visual and fluorescent penetrant inspections for 
cracks and damage of the elevator PCU brackets, horizontal 
stabilizer rear spar, and elevator front spar, in accordance with 
Section 3.B, Part A, of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-55-09, dated June 7, 2018.
    (1) If any crack is detected on any elevator PCU bracket, and no 
crack or damage is found on either spar: Before further flight, 
replace the elevator PCU bracket with a new bracket, and do all 
related investigative and corrective actions, in accordance with 
Section 3.B, Part B, of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-55-09, dated June 7, 2018.
    (2) If any crack or damage is detected on any horizontal 
stabilizer rear spar or elevator front spar: Before further flight, 
repair 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.

(h) Reporting

    At the applicable time specified in paragraph (h)(1) or (2) of 
this AD: Report the results of the inspections required by paragraph 
(g) of this AD to the De Havilland CMDB Focal by fax 1-416-375-4538 
or email at cmdb.request@dehavilland.com, in accordance with the 
instructions of Bombardier Service Bulletin 84-55-09, dated June 7, 
2018. If operators have reported findings as part of obtaining any 
corrective actions approved by Bombardier, Inc.'s TCCA DAO, 
operators are not required to report those findings as specified in 
this paragraph.
    (1) If the inspections were done on or after the effective date 
of this AD: Submit the report within 30 days after the inspections.
    (2) If the inspections were done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) 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 certification 
office, 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; TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by 
the DAO, the approval must include the DAO-authorized signature.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2018-34, dated December 17, 2018, 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-2019-0322.
    (2) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, Airframe and Propulsion Section, FAA, New York 
ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 516-228-7330; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

(k) 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 84-55-09, dated June 7, 2018.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De 
Havilland Aircraft of Canada Ltd., Q-Series Technical Help Desk, 123 
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; phone: 416-375-
4000; fax: 416-375-4539; email: thd@dehavilland.com; internet: 
https://dehavilland.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 15, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-18965 Filed 9-3-19; 8:45 am]
 BILLING CODE 4910-13-P


