[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41661-41664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16811]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0447; Directorate Identifier 2014-NM-019-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 Model DHC-8-400 series airplanes. This proposed AD
was prompted by a report of several cracks found on the forward
passenger airstair door step assembly. This proposed AD would require
an inspection to determine the serial number of the airstair step
assembly, and if necessary, an electronic tap test, re-identification
of the airstair step assembly, and replacement of the airstair step
assembly. We are proposing this AD to detect and correct cracks in the
forward passenger airstair door step assembly, which could propagate
and result in the structural failure of the steps and impede the
evacuation of passengers in the event of an emergency egress situation.
DATES: We must receive comments on this proposed AD by September 2,
2014.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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.
[[Page 41662]]
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 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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0447; 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 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: Jeffrey Zimmer, Aerospace Engineer,
Airframe and Mechanical Systems 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:
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-2014-0447;
Directorate Identifier 2014-NM-019-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-
2013-20R1, dated December 30, 2013 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
There has been one in-service report of several cracks being
found on the forward passenger airstair door step assembly between
the steps and the sidewall panels. The investigation revealed that
the application of potting compound may have been omitted during the
bonding at the joint of the airstair door steps and the sidewalls.
The omission of potting compound could cause the bonding sealant to
crack. The cracks, if not detected, could propagate to result in the
structural failure of the steps.
In the event of an emergency egress situation, the failure of
the airstair step assembly could impede the evacuation of
passengers.
This [Canadian] AD mandates the replacement of the affected
forward passenger airstair step assembly with a new or reworked step
assembly.
Revision 1 of this [Canadian] AD provides additional
instructions for performing an electronic tap test of the airstair
step assembly if the Serial Number (S/N) of the airstair step
assembly cannot be found.
The actions in this AD include an inspection to determine the
serial number of the airstair step assembly, and if necessary, an
electronic tap test, re-identification of the airstair step assembly,
and replacement of the airstair step assembly. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2014-0447.
Relevant Service Information
Bombardier has issued Service Bulletin 84-52-77, Revision B, dated
October 31, 2013. 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.
``Contacting the Manufacturer'' Paragraph in This Proposed 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 another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 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 the 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, we
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 proposed AD.
One commenter to the other NPRM, Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013), 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
[[Page 41663]]
requirement to contact the manufacturer for corrective actions for the
identified unsafe condition and does not cover deviations from other AD
requirements. 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 that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this proposed 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.
Costs of Compliance
We estimate that this proposed AD affects 76 airplanes of U.S.
registry.
We also estimate that it would take about 1 work-hour 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 $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $6,460, or $85 per product.
In addition, we estimate that any necessary follow-on actions would
take up to 9 work-hours and require parts costing $206,175, for a cost
of $206,940 per product. We have no way of determining the number of
aircraft that might need these actions.
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.
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
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):
Bombardier, Inc.: Docket No. FAA-2014-0447; Directorate Identifier
2014-NM-019-AD.
(a) Comments Due Date
We must receive comments by September 2, 2014.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 series airplanes, certificated in any category, serial numbers
4001 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 52, Doors.
(e) Reason
This AD was prompted by a report of several cracks found on the
forward passenger airstair door step assembly. We are issuing this
AD to detect and correct cracks in the forward passenger airstair
door step assembly, which could propagate and result in the
structural failure of the steps and impede the evacuation of
passengers in the event of an emergency egress situation.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection, Electronic Tap Test, Re-Identification, and Replacement
of the Airstair Step Assembly
For airplanes having serial numbers 4001 through 4393: Within
320 days after the effective date of this AD, do an inspection to
determine the serial number of the airstair step assembly, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-52-77, Revision B, dated October 31, 2013.
(1) If the serial number of the airstair step assembly cannot be
found, or if the serial number is illegible: Before further flight,
do an electronic tap test to determine the existence of epoxy
compound, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-52-77, Revision B, dated October 31,
2013.
(i) If the existence of epoxy compound is confirmed, before
further flight, re-identify the airstair step assembly, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-52-77, Revision B, dated October 31, 2013.
[[Page 41664]]
(ii) If the existence of epoxy compound is not confirmed: Within
6,000 flight hours after the effective date of this AD, replace the
airstair step assembly, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 84-52-77, Revision B,
dated October 31, 2013.
(2) If the serial number of the airstair step assembly is in the
affected range specified in paragraph 1.A. ``Effectivity'' of
Bombardier Service Bulletin 84-52-77, Revision B, dated October 31,
2013: Within 6,000 flight hours after the effective date of this AD,
replace the airstair step assembly, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-52-77,
Revision B, dated October 31, 2013.
(h) Parts Installation Prohibition
As of the effective date of this AD, no person may install on
any airplane an airstair step assembly with part number 85217008-001
containing a serial number in the affected range specified in
paragraph 1.A. ``Effectivity'' of Bombardier Service Bulletin 84-52-
77, Revision B, dated October 31, 2013.
(i) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD if the serial number is known, and if those actions
were performed before the effective date of this AD using Bombardier
Service Bulletin 84-52-77, Revision A, dated April 24, 2013, which
is not incorporated by reference in this AD.
(j) 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 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 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.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-20R1, dated December
30, 2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0447.
(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; email [email protected]; Internet
http://www.bombardier.com. 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.
Issued in Renton, Washington, on July 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-16811 Filed 7-16-14; 8:45 am]
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