[Federal Register: June 11, 2009 (Volume 74, Number 111)]
[Rules and Regulations]
[Page 27686-27689]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn09-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0530; Directorate Identifier 2009-NM-079-AD;
Amendment 39-15936; AD 2009-12-13]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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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:
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.
* * * * *
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective June 26, 2009.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of June 26, 2009.
We must receive comments on this AD by July 13, 2009.
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.
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 this AD, the regulatory evaluation,
any comments received, and other information. The street address for
[[Page 27687]]
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 Propulsion 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
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-16, dated April 20, 2009 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The 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.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Bombardier has issued Service Bulletin 84-27-32, Revision A, dated
January 18, 2008; and Q400 All Operator Message 217B, dated April 26,
2007. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between the 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 FAA policies. Any such differences are
highlighted in a Note within the AD.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
power control unit (PCU), part number P/N 390600-1007, has been
identified as having a shaft (tailstock) failure. Each elevator on the
affected model airplane contains three PCUs which are powered
independently as a means of redundancy. Due to this built-in
redundancy, a fracture to the elevator PCU shaft can remain undetected
while decreasing airplane safety. Furthermore, the continual use of the
failed shaft in the PCUs can result in damage to additional systems
such as hydraulic lines, and could result in loss of controllability of
the airplane. Since this is a dormant failure, it is necessary to
identify and replace any defective units within 30 days after the
effective date of this AD. Therefore, we determined that notice and
opportunity for public comment before issuing this AD are impracticable
and that good cause exists for making this amendment effective in fewer
than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0530; Directorate
Identifier 2009-NM-079-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.
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.
[[Page 27688]]
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 adding the following new AD:
2009-12-13 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-15936. Docket No. FAA-2009-0530; Directorate Identifier 2009-NM-
079-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective June 26,
2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier 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 continued 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.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 30 days after the effective date of this AD, 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
the effective date of this AD, 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 (f)(3) of this AD is done. The checks in
Appendix 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 operators 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) Replacing 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 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; terminates the requirements of paragraph (f)(1) of this AD.
(4) Actions accomplished before the effective date of this AD
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.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: Unlike the Canadian airworthiness directive
CF-2009-16, dated April 20, 2009, this AD does not require the
eventual replacement of all elevator PCUs identified in paragraph
(f)(1) of this AD. The planned compliance times for those actions
would allow enough time to provide notice and opportunity for prior
public comment on the merits of those actions. Therefore, we are
considering further rulemaking to address this issue.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Airframe and Propulsion Branch, ANE-171, 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: Cesar Gomez, Aerospace
Engineer, Airframe and Propulsion 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. 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, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) 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
(i) You must use Bombardier Service Bulletin 84-27-32, Revision
A, dated January 18, 2008, or Bombardier Q400 All Operator Message
217B, dated April 26, 2007 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 thd.qseries@aero.bombardier.com; 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
[[Page 27689]]
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 June 3, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13570 Filed 6-10-09; 8:45 am]
BILLING CODE 4910-13-P