[Federal Register Volume 75, Number 82 (Thursday, April 29, 2010)]
[Rules and Regulations]
[Pages 22503-22506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9520]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 75, No. 82 / Thursday, April 29, 2010 / Rules
and Regulations
[[Page 22503]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0431; Directorate Identifier 2010-NM-072-AD;
Amendment 39-16272; AD 2010-09-07]
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; request for comments.
-----------------------------------------------------------------------
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:
* * * 1. A potential freezing of the AOA [angle of attack] Vane
Resolver * * * may restrict the dynamic behavior (lag) of the vane
and could lead to a potential seize-up condition at lower
temperatures. This condition, if not corrected, may provide
inaccurate AOA data to the Stall Protection System (SPS).
2. As a result of ageing, the AOA vane heating element could
degrade to a point where there is insufficient heat to prevent ice
build-up on the AOA vanes. The ice build-up may lead to a change in
the aerodynamic properties of the AOA vane and, under certain
conditions, send inaccurate information to the SPS. This ageing
condition cannot be detected by the aircraft AOA vane heater current
monitor.
These conditions, if not corrected, could result in inaccurate AOA data
provided to the SPS and could lead to a change in the aerodynamic
properties of the AOA vane and reduced ability of the flight crew to
maintain safe flight and landing of the airplane. This AD requires
actions that are intended to address the unsafe condition described in
the MCAI.
DATES: This AD becomes effective May 14, 2010.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 14, 2010.
We must receive comments on this AD by June 14, 2010.
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 W12-40, 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
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: Joseph Licata, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7361; 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-
2010-05, dated February 2, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Although there have been no in-service reported incidents
related to AOA [angle of attack] failures on the DHC-8 Series 400
aeroplanes, two separate issues have been identified that would
affect proper operation of the AOA vane, P/N [part number] C16177AC.
These issues are:
1. A potential freezing of the AOA Vane Resolver, which may
restrict the dynamic behavior (lag) of the vane and could lead to a
potential seize-up condition at lower temperatures. This condition,
if not corrected, may provide inaccurate AOA data to the Stall
Protection System (SPS).
2. As a result of ageing, the AOA vane heating element could
degrade to a point where there is insufficient heat to prevent ice
build-up on the AOA vanes. The ice build-up may lead to a change in
the aerodynamic properties of the AOA vane and, under certain
conditions, send inaccurate information to the SPS. This ageing
condition cannot be detected by the aircraft AOA vane heater current
monitor.
This directive mandates replacement of the vanes equipped with
suspect resolvers and a periodic inspection of the in-rush current
to verify the AOA vane heating capability.
These conditions, if not corrected, could result in inaccurate AOA data
provided to the SPS and could lead to a change in the aerodynamic
properties of the AOA vane and reduced ability of the flight crew to
maintain safe flight and landing of the airplane. You may obtain
further information by examining the MCAI in the AD docket.
Relevant Service Information
Bombardier has issued Alert Service Bulletin A84-27-46, dated
October 20, 2009; and Alert Service Bulletin A84-27-51, dated December
22, 2009. 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
[[Page 22504]]
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
potential freezing of the vane resolver of the angle of attack could
restrict the dynamic behavior (lag) of the vane and could lead to a
potential seize-up condition at lower temperatures. As a result of
aging, the vane heating element of the AOA could degrade to a point
where there is insufficient heat to prevent ice buildup on the AOA
vanes. These conditions, if not corrected, could result in inaccurate
AOA data provided to the SPS and could lead to a change in the
aerodynamic properties of the AOA vane and reduced ability of the
flight crew to maintain safe flight and landing of the airplane.
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-2010-0431; Directorate
Identifier 2010-NM-072-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.
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:
2010-09-07 Bombardier, Inc.: Amendment 39-16272. Docket No. FAA-
2010-0431; Directorate Identifier 2010-NM-072-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective May 14,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes; certificated in any category, that are equipped
with Thales angle of attack (AOA) vanes having part number (P/N)
C16177AC.
Subject
(d) Air Transport Association (ATA) of America Code 27: Flight
Controls.
Reason
(e) The mandatory continued airworthiness information (MCAI)
states:
Although there have been no in-service reported incidents
related to AOA failures on the DHC-8 Series 400 aeroplanes, two
separate issues have been identified that would affect proper
operation of the AOA vane, P/N C16177AC. These issues are:
1. A potential freezing of the AOA Vane Resolver, which may
restrict the dynamic behavior (lag) of the vane and could lead to a
potential seize-up condition at lower temperatures. This condition,
if not corrected, may provide inaccurate AOA data to the Stall
Protection System (SPS).
2. As a result of ageing, the AOA vane heating element could
degrade to a point where there is insufficient heat to prevent ice
build-up on the AOA vanes. The ice build-up may lead to a change in
the aerodynamic properties of the AOA vane and, under certain
conditions, send inaccurate information to the SPS. This ageing
condition cannot be detected by the aircraft AOA vane heater current
monitor. This directive mandates replacement of the vanes equipped
with suspect resolvers and a periodic inspection of the in-rush
current to verify the AOA vane heating capability.
These conditions, if not corrected, could result in inaccurate AOA
data provided to the SPS and could lead to a change in the
aerodynamic properties of the AOA vane and
[[Page 22505]]
reduced ability of the flight crew to maintain 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.
Actions
(g) Within 250 flight hours after the effective date of this AD:
Do an inspection to determine the serial number of the AOA sensors
installed on the airplane, in accordance with the Accomplishment
Instructions of Bombardier Alert Service Bulletin A84-27-51, dated
December 22, 2009. A review of airplane maintenance records is
acceptable in lieu of this inspection if the serial number of the
AOA sensors can be conclusively determined from that review.
(1) If neither serial number is specified in paragraph 1.A.,
Table 1, of Bombardier Alert Service Bulletin A84-27-51, dated
December 22, 2009, do the actions required by paragraph (h) of this
AD.
(2) If the serial numbers of both AOA sensors are specified in
paragraph 1.A., Table 1, of Bombardier Alert Service Bulletin A84-
27-51, dated December 22, 2009, and both serial numbers have suffix
``B,'' do the actions required by paragraph (h) of this AD.
(3) If the serial numbers of both AOA sensors are specified in
paragraph 1.A., Table 1, of Bombardier Alert Service Bulletin A84-
27-51, dated December 22, 2009, do the actions required by either
paragraph (g)(3)(i) or (g)(3)(ii) of this AD.
(i) Before further flight, replace the AOA sensors with new or
serviceable sensors, in accordance with the Accomplishment
Instructions of Bombardier Alert Service Bulletin A84-27-51, dated
December 22, 2009.
(ii) Before further flight, replace one of the two AOA sensors
with a new or serviceable sensor, in accordance with the
Accomplishment Instructions of Bombardier Alert Service Bulletin
A84-27-51, dated December 22, 2009. Replace the remaining sensor
with a new or serviceable sensor within 750 flight hours after the
inspection required by paragraph (g) of this AD.
(4) If only one of the serial numbers of the AOA sensors is
specified in paragraph 1.A., Table 1, of Bombardier Alert Service
Bulletin A84-27-51, dated December 22, 2009, replace that sensor
with a new or serviceable sensor within 750 flight hours after the
inspection required by paragraph (g) of this AD.
(h) At the applicable compliance time specified in Table 1 of
this AD: Measure the inrush current of the AOA vane, in accordance
with the Accomplishment Instructions of Bombardier Alert Service
Bulletin A84-27-46, dated October 20, 2009.
(1) If, during any measurement required by paragraph (h) of this
AD, an AOA vane is found to have an inrush current less than or
equal to 1.6 amps, before further flight, replace the vane with a
new or serviceable vane, in accordance with the Accomplishment
Instructions of Bombardier Alert Service Bulletin A84-27-46, dated
October 20, 2009. Repeat the measurement of the newly installed vane
within 2,000 flight hours after replacement.
(2) If, during any measurement required by paragraph (h) of this
AD, an AOA vane is found to have an inrush current greater than 1.6
amps, repeat the measurement of the vane at the applicable
compliance time specified in Table 2 of this AD.
Table 1--Initial Measurement
------------------------------------------------------------------------
For any AOA vane that, as of the
effective date of this AD, has Do the initial inrush current
accumulated-- measurement--
------------------------------------------------------------------------
Less than 5,000 total flight hours..... Before the AOA vane has
accumulated 5,900 total flight
hours.
5,000 or more total flight hours, but Within 900 flight hours after
less than 6,000 total flight hours. the effective date of this AD,
or before the AOA vane has
accumulated 6,500 total flight
hours, whichever occurs first.
6,000 or more total flight hours....... Within 500 flight hours after
the effective date of this AD.
------------------------------------------------------------------------
Table 2--Repetitive Measurement Intervals
------------------------------------------------------------------------
If the last inrush current measurement
of the serviceable AOA transducer is-- Then repeat the measurement--
------------------------------------------------------------------------
More than 1.60 amps, but less than or Within 1,000 flight hours after
equal to 1.70 amps. the last inrush current
measurement of the serviceable
AOA transducer.
More than 1.70 amps.................... Within 2,000 flight hours after
the last inrush current
measurement of the serviceable
AOA transducer.
------------------------------------------------------------------------
(i) As of the effective date of this AD, no person may install,
on any airplane, an AOA sensor having P/N C16177AC with any serial
number specified in paragraph 1.A., Table 1, of Bombardier Alert
Service Bulletin A84-27-51, dated December 22, 2009, unless the
sensor has been inspected in accordance with this AD and unless the
serial number has a suffix ``B.''
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service
information as follows:
(1) Canadian Airworthiness Directive CF-2010-05, dated February
2, 2010, requires an inspection to determine the serial number of
the AOA vanes installed on the airplane. However, for clarification,
we are requiring an inspection to determine the serial number of the
AOA sensors (which are part of the vane), as specified in Bombardier
Alert Service Bulletin A84-27-51, dated December 22, 2009.
(2) Canadian Airworthiness Directive CF-2010-05, dated February
2, 2010, states that an airplane may be dispatched with one
serviceable unit for a maximum of 1,000 flight hours. However,
paragraph (g)(3)(ii) of this AD allows an airplane to be dispatched
with one serviceable unit for a maximum of 750 flight hours. This
difference has been coordinated with Transport Canada Civil Aviation
(TCCA).
(3) Canadian Airworthiness Directive CF-2010-05, dated February
2, 2010, states that if only one of the serial numbers of the
affected AOA sensors is found, replace that sensor with a new or
serviceable sensor within 1,000 flight hours. However, paragraph
(g)(4) of this AD requires replacement with a new or serviceable
sensor within 750 flight hours. This difference has been coordinated
with TCCA.
Other FAA AD Provisions
(j) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), 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
[[Page 22506]]
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
(k) Refer to MCAI Canadian Airworthiness Directive CF-2010-05,
dated February 2, 2010; Bombardier Alert Service Bulletin A84-27-46,
dated October 20, 2009; and Bombardier Alert Service Bulletin A84-
27-51, dated December 22, 2009; for related information.
Material Incorporated by Reference
(l) You must use Bombardier Alert Service Bulletin A84-27-46,
dated October 20, 2009; and Bombardier Alert Service Bulletin A84-
27-51, dated December 22, 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.
Issued in Renton, Washington, on April 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-9520 Filed 4-28-10; 8:45 am]
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