[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Proposed Rules]
[Pages 47384-47387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19153]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0524; Directorate Identifier 2014-NM-042-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
[[Page 47385]]
prompted by reports of corrosion in the low-rate discharge tubes of the
fire protection system leading to the forward baggage compartment, and
perforation of one or more tubes. This proposed AD would require
repetitive checks for leakage of the discharge tubes of the fire
protection system. This proposed AD also mandates eventual replacement
of all existing aluminum tube assemblies with new, improved corrosion-
resistant stainless steel tube assemblies. We are proposing this AD to
prevent perforation of the low-rate discharge tubes, which could result
in insufficient fire extinguishing agent reaching the forward baggage
compartment in the event of a fire, which could result in damage to the
airplane and injury to the occupants.
DATES: We must receive comments on this proposed AD by September 29,
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.
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-
0524; 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: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7303; 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-2014-0524;
Directorate Identifier 2014-NM-042-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-
2014-06, dated January 21, 2014 (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-
400, -401, and -402 airplanes. The MCAI states:
Corrosion has been reported in the fire protection system low
rate discharge tubes leading to the forward baggage compartment. In
some cases, this has led to perforation of one or more tubes.
Perforation of forward baggage compartment fire protection
system tubes may result in decreased effectiveness of the fire
protection system in the event of a fire in the forward baggage
compartment.
This [Canadian] AD mandates a repetitive integrity check of the
forward baggage compartment fire protection system tube assemblies,
and the replacement of aluminum forward baggage compartment fire
protection tube assemblies with corrosion resistant stainless steel
(CRES) tubes.
The unsafe condition is perforation of the low-rate discharge
tubes, which could result in insufficient fire extinguishing agent
reaching the forward baggage compartment and reduce the capability of
the fire protection system to extinguish fires, possibly resulting in
damage to the airplane and injury to occupants. 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-2014-0524.
Relevant Service Information
Bombardier has issued Service Bulletin 84-26-15, Revision A, dated
January 15, 2014. 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.
We have become 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. 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
[[Page 47386]]
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 proposed AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the FAA, TCCA, or Bombardier, Inc.'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.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (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.
Costs of Compliance
We estimate that this proposed AD affects 82 airplanes of U.S.
registry.
We also estimate that it would take about 42 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 $7,852
per product. Based on these figures, we estimate the cost of this
proposed AD on U.S. operators to be $936,604, or $11,422 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.
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-2014-0524; Directorate Identifier
2014-NM-042-AD.
(a) Comments Due Date
We must receive comments by September 29, 2014.
(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 4424 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Reason
This AD was prompted by reports of corrosion in the low-rate
discharge tubes of the fire protection system leading to the forward
baggage compartment, and perforation of one or more tubes. We are
issuing this AD to prevent perforation of the low-rate discharge
tubes, which could result in insufficient fire extinguishing agent
reaching the forward baggage compartment in the event of a fire,
which could result in damage to the airplane and injury to the
occupants.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Repetitive Inspections
At the applicable time specified in paragraph (g)(1) or (g)(2)
of this AD, perform an inspection (integrity check) for leakage of
the fire protection tube assemblies of the forward baggage
compartment, in accordance with Part A of the Accomplishment
Instructions of Bombardier Service Bulletin 84-26-15, Revision A,
dated January 15, 2014. If no leakage is found, repeat the
inspection at intervals not to exceed 2,000 flight hours or 12
months, whichever occurs first. If any leakage is found, before
further flight, do the terminating action required by paragraph (h)
of this AD, except as provided by paragraph (i) of this AD.
(1) For airplanes that have accumulated 10,000 total flight
hours or more, or have been in service for 60 months or more as of
the effective date of this AD: Within 2,000 flight hours or 12
months after the effective date of this AD, whichever occurs first.
(2) For airplanes that have accumulated less than 10,000 total
flight hours, and have
[[Page 47387]]
been in service for less than 60 months, as of the effective date of
this AD: Before the accumulation of 12,000 total flight hours or 72
months in service, whichever occurs first.
(h) Terminating Action
At the applicable time specified in paragraph (h)(1) or (h)(2)
of this AD: Replace all existing aluminum tube assemblies of the
forward baggage compartment with new, improved corrosion-resistant
stainless steel tube assemblies, in accordance with Part B of the
Accomplishment Instructions of Bombardier Service Bulletin 84-26-15,
Revision A, dated January 15, 2014, except as provided by paragraph
(j) of this AD. Accomplishing this replacement terminates the
repetitive inspections required by paragraph (g) of this AD.
(1) For airplanes that have accumulated 12,000 total flight
hours or more, or have been in service for 72 months or more, as of
the effective date of this AD: Within 6,000 flight hours or 36
months after the effective date of this AD, whichever occurs first.
(2) For airplanes that have accumulated less than 12,000 total
flight hours, and have been in service for less than 72 months, as
of the effective date of this AD: Before the accumulation of 18,000
total flight hours or 108 months in service, whichever occurs first.
(i) Alternative to Replacement for Failed Integrity Check
As an alternative to the immediate tube assembly replacement
following any failed inspection (integrity check) required by
paragraph (g) of this AD, the airplane may be returned to service
for a maximum of 10 days, provided the conditions specified in
paragraphs (i)(1), (i)(2), and (i)(3) of this AD are met.
(1) The forward baggage compartment is empty. For ballast
purposes, the use of bags (made of glass fiber or Kevlar) of sand or
ingots of non-magnetic metals (such as lead) are acceptable.
(2) The flight compartment and forward baggage compartment are
placarded to indicate the forward baggage compartment is
inoperative.
(3) An appropriate entry in the aircraft maintenance log is
made.
(j) Exception to Service Information
The electrical bonding resistance check of the high rate
discharge bottle, as identified in Part B of the Accomplishment
Instructions of Bombardier Service Bulletin 84-26-15, Revision A,
dated January 15, 2014, is not required by this AD.
(k) Credit for Previous Actions
This paragraph provides credit for actions required by
paragraphs (g) and (h) of this AD, as applicable, if those actions
were performed before the effective date of this AD using Bombardier
Service Bulletin 84-26-15, dated June 7, 2013, which is not
incorporated by reference in this AD.
(l) 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 New York 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
516-794-553. 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.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-06, dated January
21, 2014, 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-2014-0524.
(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 30, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-19153 Filed 8-12-14; 8:45 am]
BILLING CODE 4910-13-P