[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Rules and Regulations]
[Pages 39798-39801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16434]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0382; Directorate Identifier 2009-NM-211-AD;
Amendment 39-16361; AD 2010-14-16]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400, -401,
and -402 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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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:
Several cases have been reported where a loss of fluid in the
No.2 hydraulic system has caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations and increased fluid
flow within the No. 1 hydraulic system. In one case, the hydraulic
system control logic did not shut down the PTU and the overspeed
condition persisted, resulting in the illumination of the No.1 HYD
FLUID HOT caution light.
* * * * *
The unsafe condition is possible loss of both the No. 1 and No. 2
hydraulic systems, resulting in the potential loss of several functions
essential for safe flight and landing of the airplane. We are issuing
this AD to require actions to correct the unsafe condition on these
products.
DATES: This AD becomes effective August 17, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 17,
2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 2,
2008 (73 FR 47818, August 15, 2008).
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of July
10, 2007 (72 FR 30968, June 5, 2007).
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: Fabio Buttitta, 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) 228-7303; 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 April 21, 2010 (75
FR 20787), and proposed to supersede AD 2008-17-06, Amendment 39-15644
(73 FR 47818, August 15, 2008). That NPRM proposed to correct an unsafe
condition for the specified products. The MCAI states:
Since we issued AD 2008-17-06, a modification of the power transfer
unit (PTU) control logic, including the provision of automatic PTU
shutdown in the event of loss of fluid in the No. 2 hydraulic system,
has been developed. The modification addresses the identified unsafe
condition. In addition, the applicability has been revised to remove
airplanes having serial number 4185 and subsequent, since an equivalent
modification has been installed in production on these airplanes.
Transport Canada Civil Aviation (TCCA), which is the aviation authority
for Canada, has issued Canadian Airworthiness Directive CF-2006-08R1,
dated August 31, 2009 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
Several cases have been reported where a loss of fluid in the
No.2 hydraulic system has caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations and increased fluid
flow within the No. 1 hydraulic system. In one case, the hydraulic
system control logic did not shut down the PTU and the overspeed
condition persisted, resulting in the illumination of the No. 1 HYD
FLUID HOT caution light.
As an interim action to avoid possible loss of both the No. 1
and No. 2 hydraulic systems, the Airplane Flight Manual (AFM) has
been revised to include pulling the HYD PWR XFER circuit breaker in
the event of the loss of all hydraulic fluid in the No. 2 hydraulic
system.
Insertion of the resultant Temporary Amendment (TA) No. 13 into
the AFM was mandated in the original issue of this [Canadian]
directive. This instruction * * * remains in effect until * * * this
[revised] directive is accomplished.
Revision 1 of this directive * * * mandates modification of the
PTU control logic, including the provision of automatic PTU shutdown
in the event of loss of fluid in the No. 2 hydraulic system. In
addition, the applicability of the [Canadian] directive has been
revised to remove aircraft Serial Number (SN) 4185 and subsequent,
since an equivalent modification has been installed in production on
these aircraft.
The unsafe condition is possible loss of both the No. 1 and No. 2
hydraulic systems, resulting in the potential loss of several functions
essential for safe flight and landing of the airplane. 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.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
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
[[Page 39799]]
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 42 products of U.S.
registry.
The actions that are required by AD 2008-17-06 and retained in this
AD take about 1 work-hour per product, at an average labor rate of $85
per work hour. Required parts cost about $0 per product. Based on these
figures, the estimated cost of the currently required actions is $85
per product.
We estimate that it will take about 165 work-hours per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $10,982 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 $1,050,294, or $25,007 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,
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 39-39-15644 (73 FR
47818, August 15, 2008) and adding the following new AD:
2010-14-16 Bombardier, Inc.: Amendment 39-16361. Docket No. FAA-
2010-0382; Directorate Identifier 2009-NM-211-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
17, 2010.
Affected ADs
(b) This AD supersedes AD 2008-17-06, Amendment 39-15644.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes, certificated in any category; serial numbers
4001, 4003, 4004, 4006, and 4008 through 4184 inclusive.
Subject
(d) Air Transport Association (ATA) of America Code 29:
Hydraulic power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Several cases have been reported where a loss of fluid in the
No.2 hydraulic system has caused the power transfer unit (PTU) to
overspeed, resulting in pressure fluctuations and increased fluid
flow within the No. 1 hydraulic system. In one case, the hydraulic
system control logic did not shut down the PTU and the overspeed
condition persisted, resulting in the illumination of the No. 1 HYD
FLUID HOT caution light.
As an interim action to avoid possible loss of both the No. 1
and No. 2 hydraulic systems, the Airplane Flight Manual (AFM) has
been revised to include pulling the HYD PWR XFER circuit breaker in
the event of the loss of all hydraulic fluid in the No. 2 hydraulic
system.
Insertion of the resultant Temporary Amendment (TA) No. 13 into
the AFM was mandated in the original issue of this [Canadian]
directive. This instruction * * * remains in effect until * * * this
[revised] directive is accomplished.
Revision 1 of this directive * * * mandates modification of the
PTU control logic, including the provision of automatic PTU shutdown
in the event of loss of fluid in the No. 2 hydraulic system. In
addition, the applicability of the [Canadian] directive has been
revised to remove aircraft Serial Number (SN) 4185 and subsequent,
since an equivalent modification has been installed in production on
these aircraft.
The unsafe condition is possible loss of both the No. 1 and No. 2
hydraulic systems, resulting in the potential loss of several
functions essential for safe flight and landing of the airplane.
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.
RESTATEMENT OF REQUIREMENTS OF AD 2007-12-03 AIRPLANE FLIGHT MANUAL
(AFM) REVISION
(g) Within 14 days after July 10, 2007 (the effective date of AD
2007-12-03, Amendment 39-15081, which was superseded by AD 2008-17-
06), revise the Limitations section of the applicable AFM to include
the information in the applicable Bombardier temporary amendment
specified in Table 1 of this AD, as specified in the temporary
amendment. These temporary amendments introduce procedures for
[[Page 39800]]
pulling the ``HYD PWR XFER'' circuit breaker in the event of the
loss of all hydraulic fluid in the No. 1 or No. 2 hydraulic system.
Operate the airplane according to the limitations and procedures in
the applicable temporary amendment.
Table 1--AFM Temporary Amendments
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Use Bombardier
For model-- temporary Issue-- Dated-- To Bombardier Dash 8 Q400 Airplane
amendment-- Flight Manual--
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DHC-8-400 airplanes.................... 13 1 July 14, 2005........................ PSM 1-84-1A.
DHC-8-401 airplanes.................... 13 1 July 14, 2005........................ PSM 1-84-1A.
DHC-8-402 airplanes.................... 13 1 July 14, 2005........................ PSM 1-84-1A.
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Note 1: This may be done by inserting a copy of the applicable
temporary amendment into the applicable AFM. When the applicable
temporary amendment has been included in general revisions of the
AFM, the general revisions may be inserted into the AFM, provided
the relevant information in the general revisions is identical to
that in the temporary amendment.
Restatement of Requirements of AD 2008-17-06: AFM Revision
(h) Within 14 days after September 2, 2008 (the effective date
of AD 2008-17-06), revise the applicable AFM Normal and Abnormal
Procedures section to include the information in the applicable
Bombardier temporary amendment specified in Table 2 of this AD, as
specified in the temporary amendment. These temporary amendments
introduce additional procedures for ensuring that the ``PTU CNTRL''
switch is Normal, the ``PTU CNTRL ON'' advisory light is out, and
the ``HYD PWR XFER'' circuit breaker is pulled in the event of the
illumination of the ``2 HYD ISO VALVE'' caution light.
After accomplishing the AFM revision, the AFM limitation required by
paragraph (g) in this AD may be removed from the AFM.
Table 2--AFM Temporary Amendments
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Use Bombardier
For model-- temporary Issue-- Dated-- To Bombardier Dash 8 Q400 Airplane
amendment-- Flight Manual--
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DHC-8-400 airplanes.................... 13 3 June 9, 2008......................... PSM 1-84-1A.
DHC-8-401 airplanes.................... 13 3 June 9, 2008......................... PSM 1-84-1A.
DHC-8-402 airplanes.................... 13 3 June 9, 2008......................... PSM 1-84-1A.
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New Requirements of This AD: Actions
(i) Within 6,000 flight hours after the effective date of this
AD, modify the PTU control logic, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-29-22,
Revision A, dated February 24, 2009. Doing this modification
terminates the requirements of paragraphs (g) and (h) of this AD,
and after the modification has been done, the AFM limitation
required by paragraphs (g) and (h) of this AD may be removed from
the AFM.
(j) Modifying the PTU control logic is also acceptable for
compliance with the requirements of paragraph (i) of this AD if done
before the effective date of this AD, in accordance with Bombardier
Service Bulletin 84-29-22, dated December 5, 2008.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(k) 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
(l) Refer to MCAI Canadian Airworthiness Directive CF-2006-08R1,
dated August 31, 2009; the Bombardier temporary amendments specified
in Tables 1 and 2; and Bombardier Service Bulletin 84-29-22,
Revision A, dated February 24, 2009; for related information.
Material Incorporated by Reference
(m) You must use Bombardier Service Bulletin 84-29-22, Revision
A, dated February 24, 2009, and the applicable temporary amendment
identified in Table 3 of this AD; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
Table 3--All Temporary Amendments Incorporated by Reference
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To Bombardier Dash 8
Bombardier temporary amendment-- Issue-- Dated-- Q400 Airplane Flight
Manual--
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13.................................... 1 July 14, 2005...................... Model 400 PSM 1-84-1A.
13.................................... 1 July 14, 2005...................... Model 401 PSM 1-84-1A.
13.................................... 1 July 14, 2005...................... Model 402 PSM 1-84-1A.
13.................................... 3 June 9, 2008....................... Model 400 PSM 1-84-1A.
13.................................... 3 June 9, 2008....................... Model 401 PSM 1-84-1A.
13.................................... 3 June 9, 2008....................... Model 402 PSM 1-84-1A.
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[[Page 39801]]
(1) The Director of the Federal Register approved the
incorporation by reference of Bombardier Service Bulletin 84-29-22,
Revision A, dated February 24, 2009, under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) The Director of the Federal Register previously approved the
incorporation by reference of the service information contained in
Table 4 of this AD on September 2, 2008 (73 FR 47818, August 15,
2008).
Table 4--Material Previously Incorporated by Reference in AD 2008-17-06
----------------------------------------------------------------------------------------------------------------
To Bombardier Dash 8
Bombardier temporary amendment-- Issue-- Dated-- Q400 Airplane Flight
Manual--
----------------------------------------------------------------------------------------------------------------
13.................................... 3 June 9, 2008....................... Model 400 PSM 1-84-1A.
13.................................... 3 June 9, 2008....................... Model 401 PSM 1-84-1A.
13.................................... 3 June 9, 2008....................... Model 402 PSM 1-84-1A.
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(3) On July 10, 2007 (72 FR 30968, June 5, 2007), the Director
of the Federal Register approved the incorporation by reference of
the temporary amendments identified in Table 5 of this AD.
Table 5--Material Previously Incorporated by Reference in AD 2007-12-03
----------------------------------------------------------------------------------------------------------------
To Bombardier Dash 8
Bombardier temporary amendment-- Issue-- Dated-- Q400 Airplane Flight
Manual--
----------------------------------------------------------------------------------------------------------------
13.................................... 1 July 14, 2005...................... Model 400 PSM 1-84-1A.
13.................................... 1 July 14, 2005...................... Model 401 PSM 1-84-1A.
13.................................... 1 July 14, 2005...................... Model 402 PSM 1-84-1A.
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(4) 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.
(5) 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.
(6) 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 June 25, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-16434 Filed 7-12-10; 8:45 am]
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