AD 2010-01-06

[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Rules and Regulations]
[Pages 224-226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31136]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0785; Directorate Identifier 2009-NM-125-AD; 
Amendment 39-16163; AD 2010-01-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. (Type Certificate 
Previously Held by de Havilland, Inc.) Model DHC-8-400 Series 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:

    There has been one case reported of failure of a shaft 
(tailstock) on an elevator Power Control Unit (PCU), Part Number (P/
N) 390600-1007. Continued actuation of the affected PCU caused 
damage to the surrounding structure. * * *
    Each elevator surface has three PCUs, powered by separate 
independent hydraulic systems, and a single elevator PCU shaft 
failure may remain dormant. Such a dormant loss of redundancy, 
coupled with the potential for a failed shaft to produce collateral 
damage, including damage to hydraulic lines, could possibly affect 
the controllability of the aircraft.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective February 9, 2010.
    On June 26, 2009 (74 FR 27686, June 11, 2009), the Director of the 
Federal Register approved the incorporation by reference of certain 
publications listed in this AD.

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, 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. 
That NPRM was published in the Federal Register on September 4, 2009 
(74 FR 45787), and proposed to supersede AD 2009-12-13, Amendment 39-
15936 (74 FR 27686, June 11, 2009). That NPRM proposed to correct an 
unsafe condition for the specified products.
    When we issued AD 2009-12-13, the eventual replacement of all 
elevator power control units identified in paragraph (f)(1) of that AD 
was not required. We have now determined that further rulemaking is 
necessary for this action, and this AD follows from that determination. 
We are mandating the optional terminating action in paragraph (f)(3) of 
AD 2009-12-13 in this AD. 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.

Explanation of Change to Alternative Method of Compliance Paragraph

    We have updated paragraph (h)(1) of this AD to provide the 
appropriate contact information to use when submitting requests for 
approval of an alternative method of compliance (AMOC).

Explanation of Changes Made to This AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

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 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 61 products of U.S. 
registry.
    The actions that are required by AD 2009-12-13 and retained in this 
AD take about 3 work-hours per product, at an average labor rate of $80 
per work hour. Based on these figures, the estimated cost of the 
currently required actions is $240 per product.
    We estimate that it will take about 13 work-hours per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $80 per work-hour. Required parts will cost about $0 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 costs. 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 $63,440, or $1,040 per product.

[[Page 225]]

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 39-15936 (74 FR 
27686, June 11, 2009) and adding the following new AD:

2010-01-06 Bombardier, Inc. (Type Certificate Previously Held by de 
Havilland, Inc.): Amendment 39-16163. Docket No. FAA-2009-0785; 
Directorate Identifier 2009-NM-125-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
9, 2010.

Affected ADs

    (b) This AD supersedes AD 2009-12-13, Amendment 39-15936.

Applicability

    (c) This AD applies to Bombardier, Inc. (Type Certificate 
previously held by de Havilland, Inc.) Model DHC-8-400, DHC-8-401, 
and DHC-8-402 airplanes, certificated in any category, serial 
numbers 4135 through 4149 inclusive.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    There has been one case reported of failure of a shaft 
(tailstock) on an elevator Power Control Unit (PCU), Part Number (P/
N) 390600-1007. Continued actuation of the affected PCU caused 
damage to the surrounding structure. Subsequent investigation 
determined that the failure was the result of a material defect and 
that the shafts installed on a total of 88 suspect PCUs * * * may 
contain a similar defect.
    Each elevator surface has three PCUs, powered by separate 
independent hydraulic systems, and a single elevator PCU shaft 
failure may remain dormant. Such a dormant loss of redundancy, 
coupled with the potential for a failed shaft to produce collateral 
damage, including damage to hydraulic lines, could possibly affect 
the controllability of the aircraft.
    This directive mandates an identification check for elevator PCU 
serial numbers, a daily check for correct operation of all suspect 
PCUs and, finally, replacement of all suspect PCUs.

Restatement of Requirements of AD 2009-12-13, Without Optional 
Terminating Action:

    (f) Unless already done, do the following actions.
    (1) Within 30 days after June 26, 2009 (the effective date of AD 
2009-12-13), inspect the serial number of each of the six installed 
elevator PCUs having P/N 390600-1007. If one or more of the six 
installed elevator PCUs, P/N 390600-1007, have any of the PCU serial 
numbers 238, 698, 783 through 788 inclusive, 790, 793, 795, 802, 
806, 807, 810, 820 through 823 inclusive, 826 through 828 inclusive, 
831, 835, 838, 840, 886 through 889 inclusive, or 898 through 955 
inclusive; without a suffix ``A'' after the serial number: Within 30 
days after June 26, 2009, perform a check for the correct operation 
of all installed elevator PCUs in accordance with the procedures 
detailed in Appendix A, B, or C of Bombardier Q400 All Operator 
Message 217B, dated April 26, 2007. Repeat the check thereafter 
before the first flight of each day until the replacement specified 
in paragraph (g) of this AD is done. The checks in Appendices A and 
B of Bombardier Q400 All Operator Message 217B, dated April 26, 
2007, must be performed by the flight crew, while the check 
specified in Appendix C of the all operator message must be 
performed by certificated maintenance personnel.

    Note 1:  Suffix ``A'' after the serial number indicates that the 
PCU has already passed a magnetic particle inspection and is cleared 
for continued use.

    (2) If incorrect operation of any elevator PCU is found during 
any check required by paragraph (f)(1) of this AD, before further 
flight, replace the elevator PCU with a PCU, P/N 390600-1007, having 
a serial number not specified in paragraph (f)(1) of this AD; or 
with a PCU, P/N 390600-1007, having the suffix ``A'' after the 
serial number; in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-27-32, Revision A, dated January 18, 
2008.
    (3) Actions accomplished before June 26, 2009, according to 
Bombardier Service Bulletin 84-27-32, dated May 1, 2007, are 
considered acceptable for compliance with the corresponding action 
specified in this AD.

New Requirements of This AD

Actions and Compliance

    (g) Unless already done, within 2,000 flight hours or 12 months 
after the effective date of this AD, whichever occurs later, replace 
all PCUs, P/N 390600-1007, having a serial number specified in 
paragraph (f)(1) of this AD, and not having suffix ``A'' after the 
serial number, with PCUs, P/N 390600-1007, having a serial number 
not specified in paragraph (f)(1) of this AD; or with PCUs, P/N 
390600-1007, having the suffix ``A'' after the serial number; in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-27-32, Revision A, dated January 18, 2008. This 
action terminates the requirements of paragraph (f)(1) of this AD.

[[Page 226]]

FAA AD Differences

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

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, 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, 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 ensure 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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-16, 
dated April 20, 2009; Bombardier Service Bulletin 84-27-32, Revision 
A, dated January 18, 2008; and Bombardier Q400 All Operator Message 
217B, dated April 26, 2007; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 84-27-32, Revision 
A, dated January 18, 2008; and Bombardier Q400 All Operator Message 
217B, dated April 26, 2007; as applicable; to do the actions 
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register previously approved the 
incorporation by reference of Bombardier Service Bulletin 84-27-32, 
Revision A, dated January 18, 2008; and Bombardier Q400 All Operator 
Message 217B, dated April 26, 2007; on June 26, 2009 (74 FR 27686, 
June 11, 2009).
    (2) 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 [email protected]; Internet http://www.bombardier.com.
    (3) 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 or 425-227-1152.
    (4) 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 December 23, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-31136 Filed 1-4-10; 8:45 am]
BILLING CODE 4910-13-P