[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Proposed Rules]
[Pages 15655-15658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05597]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0594; Directorate Identifier 2012-NM-019-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.
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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Bombardier, Inc. Model DHC-8-400, -401, and -402
airplanes. That NPRM proposed to require an inspection to determine if
certain rudder feel trim units (RFTUs) are installed, an operational
check for signs of seizure of affected parts, repetitive lubrication
for certain RFTUs, and replacement of the RFTU if necessary. Installing
replaced RFTUs with conformal bushings would terminate the repetitive
lubrication requirements. That NPRM was prompted by reports of movement
of the rudder pedals being impeded due to corrosion of the trunnion
shaft of the RFTU. This action revises that NPRM by reducing compliance
times, increasing compliance costs, expanding affected parts to include
additional serial numbers and include those parts with a suffix `A,'
and adding the condition of rough movement to the operational check. We
are proposing this AD to detect and correct any sign of rough movement
or seizure of the trunnion shaft and its bushing, which could cause a
rudder control jam or a large and rapid alternating rudder input
leading to a structural failure of the vertical fin. Since these
actions impose an additional burden over that proposed in the NPRM, we
are reopening the comment period to allow the public the chance to
comment on these proposed changes.
DATES: We must receive comments on this proposed AD by April 26, 2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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. You may review copies of the 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.
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.
[[Page 15656]]
and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed 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. Comments will be available in the AD docket shortly after
receipt.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0594;
Directorate Identifier 2012-NM-019-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on June
12, 2012 (77 FR 34874). That earlier NPRM proposed to require actions
intended to address the unsafe condition for certain Bombardier, Inc.
Model DHC-8-400, -401, and -402 airplanes.
Since that NPRM (77 FR 34874, June 12, 2012) was issued, we have
determined that a reduction to the compliance times is needed in order
to address the identified specified unsafe condition. We are reducing
the compliance times for the inspection in paragraph (g) of this
supplemental NPRM from within 600 flight hours or six months, whichever
occurs first, to within 200 flight hours or two months, whichever
occurs first after the effective date of this AD. We are reducing the
compliance time for the replacement specified in paragraph (h) of this
supplemental NPRM from within 6,000 flight hours to within 5,000 flight
hours or 3 years, whichever occurs first. We have also determined that
it is necessary to increase the costs of compliance, expand the
affected parts, and revise the operational check specified in the NPRM.
The affected parts for the action specified in paragraphs (g)(1) and
(g)(2) have been expanded in this supplemental NPRM to include
additional serial numbers (S/N) 0008 through 0509 inclusive, and to
include those parts with suffix `A.' Also, the operational check
specified in paragraph (g)(2) of this supplemental NPRM now includes an
additional condition of ``any sign of rough movement.''
Since the NPRM (77 FR 34874, June 12, 2012) was issued, Transport
Canada Civil Aviation (TCCA), which is the aviation authority for
Canada, has issued Canadian Airworthiness Directive CF-2012-02R1, dated
October 12, 2012 (referred to after this as Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI reduced compliance
times, expanded the affected parts to include the new part serial
numbers and parts with suffix `A,' and added the condition of ``rough
movement'' to the operational check. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Service Bulletin 84-27-60, dated July 12,
2012. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
Comments
We gave the public the opportunity to comment on the NPRM (77 FR
34874, June 12, 2012). The following presents the comments received on
the NPRM and the FAA's response to each comment.
Request To Allow Additional Replacement Units
Horizon Air (Horizon) requested that we add units with suffix `B,'
in addition to units with suffix `A,' to the RFTUs allowed as
replacement parts in paragraphs (g), (h), and (i) of the NPRM (77 FR
34874, June 12, 2012). Horizon stated that Parker Aerospace, which
manufacturers RFTU part number (P/N) 399500-1007, has since issued
Parker Aerospace Service Bulletin 399500-27-003, dated April 19, 2012,
which introduced an additional modification for RFTU (S/Ns) 0009
through 0388 inclusive. Horizon noted RFTUs modified by that service
bulletin are identified by a suffix `B' to the unit serial number.
Horizon stated the addition of units with suffix `B'' would allow
operators that have taken actions to incorporate Parker Aerospace
Service Bulletin 399500-27-003, dated April 19, 2012, suffix `B' units
into their fleet, to be in compliance with the NPRM and to keep
operators from having to request an alternative means of compliance
(AMOC) to keep suffix `B' units in service once the final rule is
issued.
We partially agree with the commenter. This supplemental NPRM does
allow installation of units with suffix `B.' However, as stated
previously, units with suffix `A,' are now affected parts and this
supplemental NPRM would not allow installations of units with suffix
`A.' We have changed paragraphs (g), (h), and (i) of this supplemental
NPRM to include the addition of units with suffix `B.'
Request To Revise Paragraph (g)(2)(i) of the NPRM (77 FR 34874, June
12, 2012)
Horizon requested that we revise paragraph (g)(2)(i) of the NPRM
(77 FR 34874, June 12, 2012) to allow installing serviceable RFTUs and
RFTUs having suffix `B.' Horizon added that paragraph (g)(2)(i) of the
NPRM requires ``replacing the RFTU with a new RFTU.'' Horizon stated
that the word `new' implies a zero-time unit that is new from the
manufacturer, and that operators should not be required to purchase a
new unit to meet the requirements of paragraph (g)(2)(i) of the NPRM
when a serviceable RFTU outside the serial number range, or that has a
serial number with a suffix `A,' would address the unsafe condition.
Horizon pointed out that requiring use of a new unit since it adds an
additional financial cost that is unnecessary to address the unsafe
condition.
We agree. We have revised paragraph (g)(2)(i) of this supplemental
NPRM to specify replacing RFTUs with new or serviceable RFTUs, which
includes those with suffix `B.'
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or
[[Page 15657]]
develop on other products of the same type design.
Certain changes described above expand the scope of the earlier
NPRM (77 FR 34874, June 12, 2012). As a result, we have determined that
it is necessary to reopen the comment period to provide additional
opportunity for the public to comment on this proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 83 products of U.S. registry. We also estimate that
it would take about 5 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would 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 parts.
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 the proposed AD on U.S. operators to
be $35,275, or $425 per product.
In addition, we estimate that any necessary follow-on actions would
take about 17 work-hours and require parts costing $0, for a cost of
$1,445 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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 proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Bombardier, Inc.: Docket No. FAA-2012-0594; Directorate Identifier
2012-NM-019-AD.
(a) Comments Due Date
We must receive comments by April 26, 2013.
(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 (S/N)
4001, 4003 and subsequent, equipped with rudder feel trim unit
(RFTU) part number (P/N) 399500-1007.
(d) Subject
Air Transport Association (ATA) of America Code 27: Flight
Controls.
(e) Reason
This AD was prompted by reports of movement of the rudder pedals
being impeded due to corrosion of the trunnion shaft of the RFTU. We
are issuing this AD to detect and correct any sign of rough movement
or seizure of the trunnion shaft and its bushing, which could cause
a rudder control jam or a large and rapid alternating rudder input
leading to a structural failure of the vertical fin.
(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, Replacement, and Lubrication
Within 200 flight hours or two months after the effective date
of this AD whichever occurs first: Inspect the RTFU to determine
whether the serial number is in the range from S/N 0008 through 0509
inclusive without a suffix `B,' in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-27-60,
dated July 12, 2012. A review of airplane maintenance records is
acceptable in lieu of this inspection if the serial number of the
RFTU can be conclusively determined from that review.
(1) If the RFTU's serial number is not in the range from S/N
0008 through 0509 inclusive, or if the serial number has a suffix
`B,' no further action is required for this paragraph.
(2) If the RFTU's serial number is in the range from (S/N) 0008
through 0509 inclusive, including those with a suffix `A,' but not
including those with suffix `B': Before further flight, perform an
operational check of the RFTU for any sign of rough movement or
seizure of the trunnion or center shaft, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-27-60,
dated July 12, 2012.
(i) If rough movement or seizure of the RFTU trunnion or center
shaft is found: Before further flight, replace the RFTU with a new
or serviceable RFTU, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 84-27-60, dated July 12,
2012.
(ii) If no rough movement or seizure of the RFTU trunnion or
center shaft is found: Before further flight, lubricate the RFTU, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-27-60, dated July 12, 2012. Repeat the
lubrication of the RFTU at intervals not to exceed 600 flight hours
or 3 months, whichever occurs first, until the RFTU is replaced with
a unit that has a serial number outside the affected range or a
serial number with a suffix `B.'
(h) Replacement
For airplanes having an RFTU identified in paragraph (g)(2) of
this AD: Except as required by paragraph (g)(2)(i) of this AD,
within 5,000 flight hours or 3 years after the effective date of
this AD, whichever occurs first, replace all affected RFTUs with
units that have a serial number outside the range from S/Ns 0008
through 0509 inclusive, or
[[Page 15658]]
that have a serial number with a suffix `B,' in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-27-60,
dated July 12, 2012.
(i) Parts Installation Prohibition
As of the effective date of this AD, no person may install an
RFTU P/N 399500-1007 with a serial number from (S/N) 0008 through
0509 inclusive, including serial numbers with suffix `A,' on any
airplane, except RFTUs that have a serial number with suffix `B,'
may be installed.
(j) 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 ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, New York 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.
(k) Related Information
(1) Refer to MCAI Canadian Airworthiness Directive CF-2012-02R1,
dated October 12, 2012; and Bombardier Service Bulletin 84-27-60,
dated July 12, 2012; for related information.
(2) 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. You may review copies of the referenced
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.
Issued in Renton, Washington, on February 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-05597 Filed 3-11-13; 8:45 am]
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