AD 2014-15-07

[Federal Register Volume 79, Number 144 (Monday, July 28, 2014)]
[Rules and Regulations]
[Pages 43607-43611]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2014-17316]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1024; Directorate Identifier 2013-NM-140-AD; 
Amendment 39-17909; AD 2014-15-07]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. 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 certain 
Bombardier, Inc. Model DHC-8-102, -103, -106, -201, -202, -301, -311, 
and -315 airplanes. This AD was prompted by reports of a fractured 
wing-to-fuselage strut attachment joint bolt. This AD requires a torque 
check of all wing-to-fuselage strut attachment joint bolts, and repair 
or replacement if necessary. For certain airplanes, this AD also 
requires a detailed inspection for corrosion, damage, and wear of each 
wing-to-fuselage strut attachment joint bolt and associated hardware, 
and replacement if necessary; and a borescope inspection for corrosion 
and damage of the bore hole and barrel nut threads, and repair or 
replacement if necessary. We are issuing this AD to detect and correct 
fractured strut attachment joint bolts, which could result in reduced 
structural integrity of the wing-to-fuselage strut attachment joint and 
subsequent loss of the wing.

DATES: This AD becomes effective September 2, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 2, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-1024-

[[Page 43608]]

0002 or in person at the Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
    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 <a href="/cdn-cgi/l/email-protection#483c202c66393b2d3a212d3b08292d3a27662a27252a293a2c212d3a662b2725"><span class="__cf_email__" data-cfemail="9ce8f4f8b2edeff9eef5f9efdcfdf9eef3b2fef3f1fefdeef8f5f9eeb2fff3f1">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>. You may view this 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.

FOR FURTHER INFORMATION CONTACT: Jeffrey Zimmer, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone (516) 228-7306; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier, Inc. 
Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 
airplanes. The NPRM published in the Federal Register on December 6, 
2013 (78 FR 73462).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-17R1, dated June 27, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc. Model DHC-8-102, -103, -
106, -201, -202, -301, -311, and -315 airplanes. The MCAI states:

    There have been two in-service reports of a wing-to-fuselage 
strut attachment joint bolt found fractured during routine 
maintenance. Laboratory examination of one fractured bolt revealed 
that the fracture was attributed to stress corrosion cracking.
    Failure of the bolts could compromise the structural integrity 
of the wing-to-fuselage strut attachment joint and could lead to a 
subsequent loss of the wing.
    This [Canadian] AD mandates the inspection and rectification, as 
required, of the wing-to-fuselage strut attachment joint bolts and 
associated hardware.
* * * * *
Required actions include a torque check of wing-to-fuselage strut 
attachment joint bolts, and repair or replacement if necessary. For 
certain airplanes, required actions include a detailed inspection for 
corrosion, damage (including but not limited to scratching, cracking, 
pitting, cross threads), and wear of each wing-to-fuselage strut 
attachment joint bolt and associated hardware, and replacement if 
necessary; and a borescope inspection for corrosion and damage of the 
bore hole and barrel nut threads, and repair or replacement if 
necessary. You may examine the MCAI in the AD docket on the Internet at 
<a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-1024-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (78 
FR 73462, December 6, 2013) and the FAA's response to each comment.

Request To Extend Compliance Time

    An anonymous commenter requested that we extend the compliance 
times from 2,000 flight cycles or 12 months, to 4,000 flight cycles or 
24 months, after the effective date of the AD, in order to coincide 
with their scheduled ``C'' checks.
    We do not agree with the commenter's request to extend the 
compliance time. We have determined that the compliance time, as 
proposed, represents the maximum interval of time allowable for the 
affected airplanes to continue to safely operate before the 
modification is done. We have not changed this AD in this regard.

Request To Give Credit for Previous Compliance

    An anonymous commenter requested that we allow credit for actions 
accomplished using deHavilland Dash 8 Series 100 Task Card Number 5730/
04B, dated February 6, 2012, if the actions were done before the date 
the final rule becomes effective.
    We agree with the request. We have redesignated paragraph (j) of 
the proposed AD (78 FR 73462, December 6, 2013) as paragraph (j)(1) of 
this AD, and have added new paragraph (j)(2) to this AD to allow credit 
for actions accomplished prior to the effective date of this AD using 
deHavilland Dash 8 Series 100 Task Card Number 5730/04B, dated February 
6, 2012.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (78 FR 73462, December 6, 2013), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was intended to clarify the method of 
compliance and to provide operators with better visibility of repairs 
that are specifically developed and approved to correct the unsafe 
condition. In addition, proposed to change the phrase ``its delegated 
agent'' to include a design approval holder (DAH) with State of Design 
Authority design organization approval (DOA), as applicable, to refer 
to a DAH authorized to approve required repairs for the NPRM.
    No comments were provided to the NPRM (78 FR 73462, December 6, 
2013) about these proposed changes. However, a comment was provided for 
an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements.

[[Page 43609]]

However, deviations to AD-required actions are addressed in 14 CFR 
39.17, and anyone may request the approval for an alternative method of 
compliance to the AD-required actions using the procedures found in 14 
CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this AD to obtain corrective actions from a 
manufacturer, the action must be accomplished using a method approved 
by the FAA, TCCA, or Bombardier's TCCA Design Approval Organization 
(DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DAO, the approval must include the DAO-authorized 
signature. The DAO signature indicates that the data and information 
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate. We also have 
decided not to include a generic reference to either the ``delegated 
agent'' or ``DAH with State of Design Authority design organization 
approval,'' but instead we have provided the specific delegation 
approval granted by the State of Design Authority for the DAH 
throughout this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (78 FR 73462, December 6, 2013) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 73462, December 6, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 94 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD.
    We also estimate that it would take about 107 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $5,476 
per product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $1,369,674, or $14,571 per product.
    We have received no definitive data that would enable us to provide 
a cost estimate for the repairs or replacements specified in 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 that 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);
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2013-1024; or in person at the 
Docket Management Facility 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 43610]]

Adoption of the Amendment

    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 airworthiness 
directive (AD):

2014-15-07 Bombardier, Inc.: Amendment 39-17909. Docket No. FAA-
2013-1024; Directorate Identifier 2013-NM-140-AD.

(a) Effective Date

    This AD becomes effective September 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 airplanes; certificated in any 
category; serial numbers 003 through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

    This AD was prompted by reports of a fractured wing-to-fuselage 
strut attachment joint bolt. We are issuing this AD to detect and 
correct fractured strut attachment joint bolts, which could result 
in reduced structural integrity of the wing-to-fuselage strut 
attachment joint and subsequent loss of the wing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Torque Check

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do a torque check of the wing-to-fuselage strut 
attachment joint bolts, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-57-47, Revision A, 
dated May 29, 2013.
    (1) For airplanes that have accumulated fewer than 40,000 total 
flight cycles, and have less than 15 years in service since new, as 
of the effective date of this AD: Do the torque check before the 
accumulation of 42,000 total flight cycles, or within 16 years in 
service since new, whichever occurs first.
    (2) For airplanes that have accumulated 40,000 total flight 
cycles or more, or have 15 years or more in service since new, as of 
the effective date of this AD: Do the torque check within 2,000 
flight cycles or 12 months after the effective date of this AD, 
whichever occurs first.

(h) Inspection and Corrective Actions

    (1) If only one bolt fails the torque check required by 
paragraph (g) of this AD, before further flight, replace the bolt, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-57-47, Revision A, dated May 29, 2013; and before 
further flight do the actions specified in paragraphs (h)(3)(i) and 
(h)(3)(ii) of this AD.
    (2) If more than one bolt fails the torque check required by 
paragraph (g) of this AD, before further flight, repair using a 
method approved by the Manager, New York ACO, ANE-170, Engine and 
Propeller Directorate, FAA; or Transport Canada Civil Aviation 
(TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.
    (3) If all bolts pass the torque check required by paragraph (g) 
of this AD, before further flight, do the actions specified in 
paragraphs (h)(3)(i) and (h)(3)(ii) of this AD, as applicable.
    (i) Do a detailed inspection for corrosion, damage (including 
but not limited to scratching, cracking, pitting, and cross threads, 
etc.), and wear, of each wing-to-fuselage strut attachment joint 
bolt and associated hardware, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-57-47, Revision A, 
dated May 29, 2013. If any bolt or hardware has corrosion, damage, 
or wear, before further flight, replace the affected part, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-57-47, Revision A, dated May 29, 2013.
    (ii) Do a borescope inspection for corrosion and damage 
(including but not limited to scratching, cracking, pitting, and 
cross threads, etc.) of the bore hole and barrel nut threads, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-57-47, Revision A, dated May 29, 2013, except as 
provided by paragraph (i) of this AD.
    (A) If any corrosion or damage is found in the barrel nut 
threads, before further flight, replace the barrel nut, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-57-47, Revision A, dated May 29, 2013, except as 
provided by paragraph (i) of this AD.
    (B) If any corrosion or damage is found in the bore of the hole, 
before further flight, repair using a method approved by the 
Manager, New York ACO, ANE-170, Engine and Propeller Directorate, 
FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the 
DAO, the approval must include the DAO-authorized signature.

(i) Exception to Service Information

    Where Bombardier Service Bulletin 8-57-47, Revision A, dated May 
29, 2013, specifies to contact the manufacturer for repair 
information, this AD requires repairing before further flight using 
a method approved by the Manager, New York ACO, ANE-170, Engine and 
Propeller Directorate, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO; 
and, if approved by the DAO, the approval must include the DAO-
authorized signature.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using Bombardier Service 
Bulletin 8-57-47, dated March 16, 2012, which is not incorporated by 
reference in this AD.
    (2) This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD if those actions were performed 
before the effective date of this AD using de Havilland Inc. Dash 8 
Series 100 Maintenance Task Card Number 5730/04B, dated February 6, 
2012, which is not incorporated by reference in this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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, NY 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, New York ACO, 
ANE-170, Engine and Propeller Directorate, FAA; or TCCA; or 
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval 
must include the DAO-authorized signature.

(l) Special Flight Permits

    Special flight permits, as described in Section 21.197 and 
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199), are not allowed.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-17R1, dated June 27, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2013-1024-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference may be viewed at the addresses specified 
in paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

[[Page 43611]]

    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 8-57-47, Revision A, dated May 
29, 2013.
    (ii) Reserved.
    (3) 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 <a href="/cdn-cgi/l/email-protection#37435f5319464452455e524477565245581955585a555645535e52451954585a"><span class="__cf_email__" data-cfemail="42362a266c333127302b2731022327302d6c202d2f202330262b27306c212d2f">[email&#160;protected]</span></a>; Internet 
<a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (4) You may view this 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.
    (5) You may view this 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on July 15, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-17316 Filed 7-25-14; 8:45 am]
BILLING CODE 4910-13-P