AD 2010-13425

[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)] [Rules and Regulations] [Pages 32263-32266] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-13425]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1223; Directorate Identifier 2009-NM-114-AD;

Amendment 39-16327; AD 2010-12-06]

RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series

Airplanes

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 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:

During final Acceptance Test Procedure (ATP), a small oil leak

was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve

bodies. Investigation revealed that a number of valves were

manufactured with an incorrect wall thickness. This thin wall

condition caused cracking, subsequent external weeping and pressure

loss from the subject valves.

This condition, if not corrected, will cause a loss of hydraulic

fluid and subsequent loss of spoiler and/or rudder control.

* * * * *

We are issuing this AD to require actions to correct the unsafe

condition on these products.

DATES: This AD becomes effective July 13, 2010.

The Director of the Federal Register approved the incorporation by

reference of certain publications listed in this AD as of July 13,

2010.

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:

[[Page 32264]]

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 December 30, 2009

(74 FR 69038). That NPRM proposed to correct an unsafe condition for

the specified products. The MCAI states:

During final Acceptance Test Procedure (ATP), a small oil leak

was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve

bodies. Investigation revealed that a number of valves were

manufactured with an incorrect wall thickness. This thin wall

condition caused cracking, subsequent external weeping and pressure

loss from the subject valves.

This condition, if not corrected, will cause a loss of hydraulic

fluid and subsequent loss of spoiler and/or rudder control.

Revision 1 of this directive mandates a new interval for the

initial inspection, clarifies the time for replacement of the

valve(s) specified in Paragraphs 1.2 and 2.2, and clarifies the

labeling of the inspected valves in Paragraph 3 of this directive.

Required actions include doing detailed inspections of the left-hand

and right-hand spoiler unload and rudder shutoff valve for leaking and

weeping, replacing discrepant left-hand and right-hand spoiler unload

and rudder shutoff valves with new or serviceable valves, and

eventually replacing all valves having a certain part number.

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 considered the comment received.

Request To Address Valves Inspected Previously

Horizon Air requests that we address valves that have been

inspected previously by the manufacturer by revising paragraphs (g)(1)

and (g)(2) of the NPRM to include the phrase ``without suffix `A' after

the serial number.'' Horizon Air explains that the NPRM, as written,

requires the inspection to be done on all valves, regardless if they

have been modified or unmodified. Horizon Air suggests that with the

recommended phrasing, the NPRM would continue to require inspection of

valves with the identified unsafe condition, but would not require

inspection of valves inspected previously.

We agree. Adding the phrase ``without suffix `A' after the serial

number'' will eliminate unnecessary inspections for valves that have

been inspected previously by the manufacturer. We have revised

paragraphs (g)(1) and (g)(2) of this AD accordingly.

Conclusion

We reviewed the available data, including the comment received, 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.

Explanation of Change to Costs of Compliance

Since issuance of the NPRM, we have increased the labor rate used

in the Costs of Compliance from $80 per work-hour to $85 per work-hour.

The Costs of Compliance information, below, reflects this increase in

the specified hourly labor rate.

Costs of Compliance

We estimate that this AD will affect 61 products of U.S. registry.

We also estimate that it will take about 3 work-hours per product to

comply with the basic requirements of this AD. The average labor rate

is $85 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 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 this AD to the U.S. operators

to be $15,555, or $255 per product.

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,

[[Page 32265]]

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:

2010-12-06 Bombardier, Inc.: Amendment 39-16327. Docket No. FAA-

2009-1223; Directorate Identifier 2009-NM-114-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective July 13,

2010.

Affected ADs

(b) None.

Applicability

(c) This AD applies to Bombardier, Inc. Model DHC-8-400, DHC-8-

401, and DHC-8-402 series airplanes, certificated in any category,

serial numbers 4105 through 4179 inclusive.

Subject

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

controls.

Reason

(e) The mandatory continuing airworthiness information (MCAI)

states:

During final Acceptance Test Procedure (ATP), a small oil leak

was discovered on the Spoiler Unload Valve and Rudder Shutoff Valve

bodies. Investigation revealed that a number of valves were

manufactured with an incorrect wall thickness. This thin wall

condition caused cracking, subsequent external weeping and pressure

loss from the subject valves.

This condition, if not corrected, will cause a loss of hydraulic

fluid and subsequent loss of spoiler and/or rudder control.

Revision 1 of this directive mandates a new interval for the

initial inspection, clarifies the time for replacement of the

valve(s) specified in Paragraphs 1.2 and 2.2, and clarifies the

labeling of the inspected valves in Paragraph 3 of this directive.

Required actions include doing detailed inspections of the left-hand

and right-hand spoiler unload and rudder shutoff valve for leaking

and weeping, replacing discrepant left-hand and right-hand spoiler

unload and rudder shutoff valves with new or serviceable valves, and

eventually replacing all valves having a certain part number.

Compliance

(f) You are responsible for having the actions required by this

AD performed within the compliance times specified, unless the

actions have already been done.

Actions

(g) Do the actions specified in paragraphs (g)(1), (g)(2), and

(g)(3) of this AD, as applicable.

(1) For airplanes having serial numbers 4105 through 4172

inclusive: Within 750 flight hours after the effective date of this

AD, do a detailed inspection of the left-hand and right-hand spoiler

unload valves having part number (P/N) 396000-1005 without suffix

``A'' after the serial number, for leaking and weeping, in

accordance with the Accomplishment Instructions of Bombardier

Service Bulletin 84-27-37, dated February 5, 2009. For airplanes

with left-hand and right-hand spoiler unload valves having P/N

396000-1005 with suffix ``A'' after the serial number, no further

action is required by this paragraph.

(i) If any leaking or weeping is found, prior to further flight,

replace the affected spoiler unload valve with a new or serviceable

valve, in accordance with the Accomplishment Instructions of

Bombardier Service Bulletin 84-27-37, dated February 5, 2009.

(ii) If no leaking and no weeping are found, replace the valves

with new or serviceable valves within 6,000 flight hours after the

initial inspection required by paragraph (g)(1) of this AD, in

accordance with the Accomplishment Instructions of Bombardier

Service Bulletin 84-27-37, dated February 5, 2009.

(2) For airplanes having serial numbers 4113 through 4179

inclusive: Within 750 flight hours after the effective date of this

AD, do a detailed inspection of the left-hand and right-hand rudder

shutoff valves having P/N 412700-1001 without suffix ``A'' after the

serial number, for leaking and weeping, in accordance with the

Accomplishment Instructions of Bombardier Service Bulletin 84-27-39,

dated February 5, 2009. For airplanes with left-hand and right-hand

rudder shutoff valves having P/N 412700-1001 with suffix ``A'' after

the serial number, no further action is required by this paragraph.

(i) If any leaking or weeping is found, prior to further flight,

replace the affected rudder shutoff valve with a new or serviceable

valve, in accordance with the Accomplishment Instructions of

Bombardier Service Bulletin 84-27-39, dated February 5, 2009.

(ii) If no leaking and no weeping are found, replace the valves

with new or serviceable valves within 6,000 flight hours after the

initial inspection required by paragraph (g)(2) of this AD, in

accordance with the Accomplishment Instructions of Bombardier

Service Bulletin 84-27-39, dated February 5, 2009.

(3) As of the effective date of this AD, no person may install a

spoiler unload valve assembly having P/N 396000-1005, having a

serial number from 0289 through 0424 inclusive, or rudder shutoff

valve having P/N 412700-1001, having a serial number from 0239

through 0384 inclusive, on any airplane, unless the valve has been

inspected by the manufacturer and labeled with a suffix ``A'' after

the serial number.

FAA AD Differences

Note 1: 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 (ACO), 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, 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 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 assure 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-2009-25R1,

dated July 23, 2009; Bombardier Service Bulletin 84-27-37, dated

February 5, 2009; and Bombardier Service Bulletin 84-27-39, dated

February 5, 2009; for related information.

Material Incorporated by Reference

(j) You must use Bombardier Service Bulletin 84-27-37, dated

February 5, 2009; or Bombardier Service Bulletin 84-27-39, dated

February 5, 2009; as applicable; to do the actions required by this

AD, unless the AD specifies otherwise.

(1) The Director of the Federal Register approved the

incorporation by reference of this service information under 5

U.S.C. 552(a) and 1 CFR part 51.

(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.

(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.

[[Page 32266]]

Issued in Renton, Washington, on May 25, 2010.

Ali Bahrami,

Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 2010-13425 Filed 6-7-10; 8:45 am]

BILLING CODE 4910-13-P