[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Proposed Rules]
[Pages 60060-60062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24174]
[[Page 60060]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-1003; Directorate Identifier 2012-NM-064-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC-8-400 series airplanes. This
proposed AD was prompted by reports of engine fire/overheat detector
assemblies advance pneumatic detectors (APDs) failing to reset after
activation due to permanent deformation of the detector switch
diaphragm after being exposed to high temperatures. This proposed AD
would require replacing all three APDs with new detector assemblies. We
are proposing this AD to prevent a continued engine fire indication in
the cockpit after the actual fire has been extinguished, which is
misleading and may influence the pilot to conduct a potentially
hazardous ``off-airport'' landing.
DATES: We must receive comments on this proposed AD by November 16,
2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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 [email protected]; Internet http://www.bombardier.com. You may review copies of the 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.
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 proposed 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: Mazdak Hobbi, Aerospace Engineer,
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7330; fax 516-794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1003;
Directorate Identifier 2012-NM-064-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on 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 proposed AD.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-07, dated January 27, 2012 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
There have been engine fires on DHC-8 Series 400 aeroplanes,
where the ``ENGINE FIRE, CHECK FIRE DETECT'' warning and ``FUEL
OFF'' handle lights failed to reset and remained illuminated after
the fire was extinguished. An investigation has revealed that the
existing engine fire/overheat detector assemblies ``Advance
Pneumatic Detectors (APD)'' may fail to reset after activation due
to permanent deformation of the detector switch diaphragm after
being exposed to high temperatures.
This abnormal condition of a continued engine fire indication in
the cockpit, after the actual fire has been extinguished, is
misleading and may influence the pilot's decision to conduct a
potentially hazardous ``off-airport'' landing, which is considered
an unsafe condition that warrants mitigating action.
To mitigate this potentially hazardous condition, Bombardier has
issued multiple service bulletins (SBs) [Bombardier Service
Bulletins 84-26-08, Revision A, dated May 12, 2011; 84-26-09,
Revision A, dated May 12, 2011; and 84-26-12, Revision A, dated
December 13, 2011] to replace all three affected APDs with new
detector assemblies that are not susceptible to the subject
diaphragm deformation when exposed to excessive heat. * * *
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Bombardier, Inc. has issued Service Bulletins 84-26-08, Revision A,
dated May 12, 2011; 84-26-09, Revision A, dated May 12, 2011; and 84-
26-12, Revision A, dated December 13, 2011. 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 Proposed 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 proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 84 products of U.S. registry. We also estimate that
it would take about 63 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $5,700 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
[[Page 60061]]
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 the proposed AD on U.S.
operators to be $928,620, or $11,055 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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2012-1003; Directorate Identifier
2012-NM-064-AD.
(a) Comments Due Date
We must receive comments by November 16, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001
through 4373 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Reason
This AD was prompted by reports of engine fire/overheat detector
assemblies advance pneumatic detectors (APDs) failing to reset after
activation due to permanent deformation of the detector switch
diaphragm after being exposed to high temperatures. We are issuing
this AD to prevent a continued engine fire indication in the cockpit
after the actual fire has been extinguished, which is misleading and
may influence the pilot to conduct a potentially hazardous ``off-
airport'' landing.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Installation
Within 6,000 flight hours or 30 months after the effective date
of this AD, whichever occurs first, replace the APDs as specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
(1) For the nacelle of the engine primary zone: Remove any APD
having part number (P/N) 10-1098 and install a new APD having P/N
10-1098-01, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-26-08, Revision A, dated May 12,
2011.
(2) For the nacelle of the landing gear primary zone: Remove any
APD having P/N 10-1097 or 10-1097-01 and install a new APD having P/
N 10-1097-02, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-26-09, Revision A, dated May 12,
2011.
(3) For the propeller engine controller: Remove any APD having
P/N 10-1096, 10-1096-01, or 10-1096-02 (serial number is all numeric
characters), and install a new APD having P/N 10-1096-02 (serial
number is three alpha and four numeric characters), in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
84-26-12, Revision A, dated December 13, 2011.
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using the service information specified in paragraph
(h)(1), (h)(2), or (h)(3) of this AD.
(1) Bombardier Service Bulletin 84-26-08, dated March 11, 2011.
(2) Bombardier Service Bulletin 84-26-09, dated March 11, 2011.
(3) Bombardier Service Bulletin 84-26-12, dated October 12,
2011.
(i) Other FAA AD Provisions
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. 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) 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.
(j) Related Information
(1) Refer to MCAI Transport Canada Civil Aviation Airworthiness
Directive CF-2012-07, dated January 27, 2012; and the service
bulletins identified in paragraphs (j)(1)(i), (j)(1)(ii), and
(j)(1)(iii) of this AD; for related information.
(i) Bombardier Service Bulletin 84-26-08, Revision A, dated May
12, 2011.
(ii) Bombardier Service Bulletin 84-26-09, Revision A, dated May
12, 2011.
(iii) Bombardier Service Bulletin 84-26-12, Revision A, dated
December 13, 2011.
(2) 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;
[[Page 60062]]
email [email protected]; Internet http://www.bombardier.com. You may review copies of the 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.
Issued in Renton, Washington, on September 21, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-24174 Filed 10-1-12; 8:45 am]
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