[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)] [Rules and Regulations] [Pages 35177-35181] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2020-12379] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2020-0099; Product Identifier 2019-NM-169-AD; Amendment 39-19917; AD 2020-11-13] RIN 2120-AA64 July 14, 2020 Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2010-23- 04, which applied to all De Havilland Aircraft of Canada Limited Model DHC-8-400 series airplanes. AD 2010-23-04 required repetitive detailed inspections of the nacelle attachment fittings for cracks, a conductivity inspection of the nacelle attachment fittings, and replacement if necessary. This AD continues to require these inspections and replacement if necessary, removes a certain inspection requirement for certain airplanes, and adds a new requirement to replace the rear spar fitting and nacelle attaching structure with a new nacelle attachment fitting. This AD was prompted by a determination that it is necessary to do a replacement with new nacelle attachment fittings. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 14, 2020. The Director of the Federal Register approved the incorporation by reference [[Page 35178]] of certain publications listed in this AD as of July 14, 2020. ADDRESSES: For service information identified in this final rule, contact De Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; internet https://dehavilland.com. You may view this referenced service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-0099. Examining the AD Docket You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020- 0099; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516- 794-5531; email [email protected]. SUPPLEMENTARY INFORMATION: Discussion Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF-2010-30R2, dated July 30, 2019, (also referred to as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all De Havilland Aircraft of Canada Limited (Type Certificate previously held by Bombardier, Inc.) Model DHC-8-400, -401, and -402 airplanes. You may examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020- 0099. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2010-23-04, Amendment 39-16493 (75 FR 68174, November 5, 2010) (``AD 2010-23-04''). AD 2010-23-04 applied to all De Havilland Aircraft of Canada Limited Model DHC-8-400 series airplanes. The NPRM published in the Federal Register on March 12, 2020 (85 FR 14423). The NPRM was prompted by reports of cracked nacelle attachment fittings, which a preliminary investigation determined to be caused by stress corrosion, and a determination that it is necessary to install new nacelle attachment fittings in order to address the unsafe condition. The NPRM proposed to continue to require repetitive detailed inspections of the nacelle attachment fittings for cracks, a conductivity inspection of the nacelle attachment fittings, and replacement if necessary. The NPRM also proposed to remove a certain inspection requirement for certain airplanes, and add a new requirement to replace the rear spar fitting and nacelle attaching structure with a new nacelle attachment fitting. The FAA is issuing this AD to address reports of cracked nacelle attachment fittings, which, if not detected and corrected, could compromise the structural integrity of the nacelle attachment fitting and possibly result in collapse of the landing gear. See the MCAI for additional background information. Comments The FAA gave the public the opportunity to participate in developing this final rule. The FAA received no comments on the NPRM or on the determination of the cost to the public. Conclusion The FAA reviewed the relevant data and determined that air safety and the public interest require adopting this final rule as proposed, except for minor editorial changes. The FAA has determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 Bombardier, Inc. has issued Service Bulletin 84-54-14, Revision K, dated August 7, 2018. This service bulletin describes procedures for a conductivity inspection of the nacelle attachment fittings, repetitive detailed inspections of the nacelle attachment fittings for cracks, and replacement of the fitting. Bombardier, Inc. has also issued Service Bulletin 84-54-16, Revision D, dated August 7, 2018. This service information describes procedures for replacing the rear spar nacelle attachment fitting and associated structure with a new nacelle attachment fitting, part number (P/N) 8Z9305. The replacement includes applicable related investigative and corrective actions. The related investigative actions include an inspection of the internal bore and external surface of the main landing gear yoke pins, the drag strut pins, and the stabilizer brace pins for signs of corrosion and damage; and an inspection of the inner bore and outer surface of the coat hangar pins for signs of corrosion and damage. The corrective actions include repair, rework, or replacement. Bombardier, Inc. has also issued Modification Summary Package IS4Q5400012, Revision B, dated July 11, 2012. This service information describes procedures for applying a fay sealant gasket to the rear spar access fitting access panel. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 54 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Retained actions from AD 2010-23- 3 work-hours x $85 $0................ $255.............. $13,770. 04. per hour = $255. New actions..................... 320 work-hours x Up to $104,739.... Up to $131,939.... Up to $7,124,706. $85 per hour = $27,200. ---------------------------------------------------------------------------------------------------------------- [[Page 35179]] 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. The FAA is 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 The FAA 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) Will not affect intrastate aviation in Alaska, 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. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 removing Airworthiness Directive (AD) 2010-23-04, Amendment 39-16493 (75 FR 68174, November 5, 2010), and adding the following new AD: 2020-11-13 De Havilland Aircraft of Canada Limited (Type Certificate previously held by Bombardier, Inc.): Amendment 39-19917; Docket No. FAA-2020-0099; Product Identifier 2019-NM-169-AD. (a) Effective Date This AD is effective July 14, 2020. (b) Affected ADs This AD replaces AD 2010-23-04, Amendment 39-16493 (75 FR 68174, November 5, 2010) (``AD 2010-23-04''). (c) Applicability This AD applies to De Havilland Aircraft of Canada Limited (Type Certificate previously held by Bombardier, Inc.) Model DHC-8-400, - 401, and -402 airplanes, certificated in any category, serial numbers 4001 and subsequent. (d) Subject Air Transport Association (ATA) of America Code 54, Nacelles/ pylons. (e) Reason This AD was prompted by reports of cracked nacelle attachment fittings, which a preliminary investigation determined to be caused by stress corrosion. The FAA is issuing this AD to address this condition, which, if not detected and corrected, could compromise the structural integrity of the nacelle attachment fitting and possibly result in collapse of the landing gear. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Detailed and Conductivity Inspections and Replacement, With Revised Service Information and Revised Replacement Instructions This paragraph restates the requirements of paragraph (g) of AD 2010-23-04, with revised service information and revised replacement instructions. For airplanes having serial numbers 4001 through 4304 inclusive, 4314, and 4315: Within 100 flight hours after November 22, 2010 (the effective date of AD 2010-23-04), do a detailed inspection for cracking, and a conductivity inspection on each of the 4 nacelle attachment fittings, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018. Repeat the detailed inspection at intervals not to exceed 300 flight hours, except as provided by paragraph (i) of this AD. Accomplishing the replacement specified in paragraph (g)(1)(ii) or (g)(2)(ii)(B) of this AD terminates the inspections required by this paragraph. (1) If any nacelle attachment fitting is found cracked, before further flight, do the action specified in paragraph (g)(1)(i) or (ii) of this AD. As of the effective date of this AD, only the action specified in paragraph (g)(1)(ii) of this AD may be done. (i) Replace the fitting with a new fitting in accordance with paragraph (2) of Part A of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018. (ii) Replace the rear spar nacelle attachment fitting and associated structure with a new nacelle attachment fitting, part number (P/N) 8Z9305, and do all applicable related investigative and corrective actions, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-16 Revision D, dated August 7, 2018. Do all applicable related investigative and corrective actions before further flight. (2) If the conductivity of any test points on any fitting is found to be greater than 45.0 percent International Annealed Copper Standard (IACS) or if the conductivity of any test points on any fitting is found to be less than 38.0 percent IACS, do the actions required by paragraphs (g)(2)(i) and (ii) of this AD. (i) Within 24 hours after accomplishing the conductivity inspection specified in paragraph (g) of this AD, do a detailed inspection of the nacelle attachment fitting for cracking, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018, and repeat thereafter at intervals not to exceed 24 hours. If cracking is found, before further flight, replace the fitting with a new fitting in accordance with the requirements of paragraph (g)(2)(ii) of this AD. Replacement of the fitting terminates the daily detailed inspection requirements of this paragraph. (ii) Except as required by paragraph (g)(2)(i) of this AD: Within 300 flight hours after accomplishing the conductivity inspection specified in paragraph (g) of this AD, do the action specified in paragraph (g)(2)(ii)(A) or (B) of this AD. As of the effective date of this AD, only the action specified in paragraph (g)(2)(ii)(B) of this AD may be done. (A) Replace the fitting with a new fitting in accordance with paragraph (2) of Part A of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018. (B) Replace the rear spar nacelle attachment fitting and associated structure with a new nacelle attachment fitting, P/N 8Z9305, and do all applicable related investigative and corrective actions, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-16 Revision D, dated August 7, 2018. Do all applicable related investigative and corrective actions before further flight. (h) Retained Inspections and Replacement, With Revised Service Information, Revised Affected Airplanes, and Revised Replacement Instructions This paragraph restates the requirements of paragraph (i) of AD 2010-23-04, with revised service information, revised affected airplanes, and revised replacement instructions. For airplanes having serial numbers 4305 through 4313 inclusive, and 4316 through 4380 inclusive, and airplanes that have replaced nacelle attachment fitting(s) with P/N 854146663: Within 1,200 [[Page 35180]] flight hours after November 22, 2010 (the effective date of AD 2010- 23-04), do a detailed inspection for cracking on each of the 4 nacelle attachment fittings, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018. If any nacelle attachment fitting is found cracked, before further flight, do the action specified in paragraph (h)(1) or (2) of this AD. As of the effective date of this AD, only the action specified in paragraph (h)(2) of this AD may be done. Thereafter, repeat the detailed inspection at intervals not to exceed 300 flight hours, except as provided by paragraph (i) of this AD. Accomplishing the replacement specified in paragraph (h)(2) of this AD terminates the inspections required by this paragraph. (1) Replace the fitting with a new fitting in accordance with paragraph (2) of Part A of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018. (2) Replace the rear spar nacelle attachment fitting and associated structure with a new nacelle attachment fitting, P/N 8Z9305, and do all applicable related investigative and corrective actions, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-16 Revision D, dated August 7, 2018. Do all applicable related investigative and corrective actions before further flight. (i) Retained Inspection Compliance Time, With Revised Service Information This paragraph restates the requirements of paragraph (j) of AD 2010-23-04, with revised service information. For any fitting that is replaced in accordance with paragraph (3) of Part A of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision J, dated September 17, 2010; or paragraph (2) of Part A of the Accomplishment Instructions of Bombardier Service Bulletin 84- 54-14, Revision K, dated August 7, 2018, as specified in paragraph (g) or (h) of this AD: Within 1,200 flight hours after replacing the fitting, do a detailed inspection of that replaced fitting as specified in paragraph (g) or (h) of this AD, and repeat the detailed inspection thereafter at intervals not to exceed 300 flight hours. Accomplishing the replacement specified in paragraph (g)(1)(ii), (g)(2)(ii)(B), or (h)(2) of this AD terminates the inspections required by this paragraph. (j) Retained Credit for Previous Actions (Replacing the Fitting), With Revised Paragraph References This paragraph restates the credit provided in paragraph (k) of AD 2010-23-04, with revised paragraph references. Accomplishing the replacement of the nacelle fittings in accordance with any Bombardier service bulletin identified in figure 1 to paragraphs (j) and (k) of this AD before November 22, 2010 (the effective date of AD 2010-23-04) is also acceptable for compliance with the fitting replacements specified in paragraphs (g)(1)(i), (g)(2)(ii)(A), and (h)(1) of this AD. [GRAPHIC] [TIFF OMITTED] TR09JN20.001 (k) Retained Credit for Previous Actions (Inspections), With No Changes This paragraph restates the credit provided in paragraph (l) of AD 2010-23-04, with no changes. Accomplishment of the inspections required by paragraphs (g) and (h) of this AD before November 22, 2010 (the effective date of AD 2010-23-04) in accordance with any Bombardier service bulletin identified in figure 1 to paragraphs (j) and (k) of this AD is acceptable for compliance with the corresponding actions required by paragraphs (g) and (h) of this AD. (l) New Requirements of This AD: Modification of the Rear Spar Fitting and Nacelle Attaching Structure For airplanes with nacelle attachment fitting P/N 85414663: Unless already done as specified in paragraph (g)(1)(ii), (g)(2)(ii)(B), or (h)(2) of this AD: Within 8,000 flight hours or 48 months, whichever occurs first, from the effective date of this AD, replace the rear spar nacelle attachment fitting and associated structure with a new nacelle attachment fitting, P/N 8Z9305, and do all applicable related investigative and corrective actions, in accordance with Part B of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-16, Revision D, dated August 7, 2018. Do all applicable related investigative and corrective actions before further flight. [[Page 35181]] (m) New Credit for Previous Actions (1) This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD that are identified in Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-54-14, Revision J, dated September 17, 2010, which was incorporated by reference in AD 2010- 23-04; except as provided by paragraph (p) of this AD. (2) This paragraph provides credit for accomplishing the replacement of the rear spar fitting and nacelle attaching structure required by paragraph (l) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraphs (m)(2)(i) through (iii) of this AD. (i) Bombardier Service Bulletin 84-54-16, dated April 29, 2011. (ii) Bombardier Service Bulletin 84-54-16, Revision A, dated August 1, 2011. (iii) Bombardier Service Bulletin 84-54-16, Revision C, dated January 31, 2017. (3) This paragraph provides credit for accomplishing the replacement of the rear spar fitting and nacelle attaching structure required by paragraph (l) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-54-16, Revision B, dated October 6, 2016. Although Bombardier Service Bulletin 84-54-16, Revision B, dated October 6, 2016, incorrectly stated that airworthiness limitations (AWLs) or damage tolerance inspections (DTIs) are not affected, they are affected. Refer to the applicable AWLs for Post/Pre-Modification Summary (ModSum) 4-113697 and Bombardier Service Bulletin 84-54-16 in the existing maintenance requirements manual. (4) This paragraph provides credit for accomplishing the action identified in Bombardier Service Bulletin 84-54-14, Revision K, dated August 7, 2018, that are required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraphs (m)(4)(i) through (iv) of this AD. (i) Bombardier Service Bulletin 84-54-15, dated August 20, 2010. (ii) Bombardier Service Bulletin 84-54-15, Revision A, dated October 25, 2010. (iii) Bombardier Service Bulletin 84-54-15, Revision B, dated February 2, 2017. (iv) Bombardier Service Bulletin 84-54-15, Revision C, dated August 7, 2018. (n) Terminating Action for Certain Actions in Paragraphs (g), (h), and (i) of This AD Accomplishing the modification of the rear spar fitting and nacelle attaching structure required by paragraph (l) of this AD terminates the repetitive inspection required by paragraphs (g), (h), and (i) of this AD for that airplane. (o) Parts Installation Limitations As of the effective date of this AD, no person may install a rear spar nacelle attachment fitting P/N 85414663 on any airplane. (p) Credit for Alternative to Certain Credit Actions For airplanes on which Bombardier Service Bulletin 84-54-14, Revision J, dated September 17, 2010, was accomplished before the effective date of this AD: As an alternative to applying sealant to each fitting and access panel as specified in paragraph C.(1) of the Accomplishment Instructions of Bombardier Service Bulletin 84-54-14, Revision J, dated September 17, 2010, the use of the instructions of Bombardier Modification Summary Package IS4Q5400012, Revision B, dated July 11, 2012, to apply sealant is also acceptable if accomplished before the effective date of this AD. (q) Other FAA AD Provisions (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, 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 manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. (i) 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. (ii) AMOCs approved previously for AD 2010-23-04, are approved as AMOCs for the corresponding provisions of this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De Havilland Aircraft of Canada Limited's TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (r) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF-2010-30R2, dated July 30, 2019, for related information. This MCAI may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-0099. (2) For more information about this AD, contact Andrea Jimenez, Aerospace Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7330; fax 516-794-5531; email [email protected]. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (s)(3) and (4) of this AD. (s) 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. (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 84-54-14, Revision K, dated August 7, 2018. (ii) Bombardier Service Bulletin 84-54-16, Revision D, dated August 7, 2018. (iii) Bombardier Modification Summary Package IS4Q5400012, Revision B, dated July 11, 2012. (3) For service information identified in this AD, contact De Havilland Aircraft of Canada Limited, Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; internet https://dehavilland.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued on May 29, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020-12379 Filed 6-8-20; 8:45 am] BILLING CODE 4910-13-P