[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59630-59633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23429]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-1067; Directorate Identifier 2013-NM-164-AD;
Amendment 39-17982; AD 2014-20-09]
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-8-400 series airplanes. This AD was prompted
by reports of missing clamps that are required to provide positive
separation between the alternating current (AC) feeder cables and the
hydraulic line of the landing gear alternate extension. This AD
requires an inspection for missing clamps that are required to provide
positive separation between the AC feeder cables and the hydraulic line
of the landing gear alternate extension, and related investigative and
corrective actions if necessary. We are issuing this AD to detect and
correct chafing of the AC feeder cable. A chafed and arcing AC feeder
cable could puncture the adjacent hydraulic line, which, in combination
with the use of the alternate extension system, could result in an in-
flight fire.
DATES: This AD becomes effective November 7, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 7,
2014.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1067 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 [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.
FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Service Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7301; 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-8-400 series airplanes. The NPRM published in the Federal
Register on December 30, 2013 (78 FR 79338).
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-16, dated June 14, 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:
During production checks, it was found that the appropriate
clamps required to provide positive separation between the AC feeder
cables and the hydraulic line of the landing gear alternate
extension were omitted. The AC feeder cable could sag and be in
direct contact with the swage fitting of the landing gear alternate
extension hydraulic line, resulting in chafing of the AC feeder
cable. The chafed and arcing AC feeder cable could puncture the
adjacent hydraulic line. In combination with the use of the
alternate extension system, this could result in an in-flight fire.
This [Canadian] AD mandates the [general visual] inspection [for
missing clamps], and rectification [related investigative and
corrective actions] as necessary, for proper clamp installation.
The related investigative action is a general visual inspection of
the AC power feeder cables and the hydraulic line for damage due to
chafing. The corrective actions include repair of chafed parts, and
replacement of missing clamps. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1067-0002.
Comment
We gave the public the opportunity to participate in developing
this AD. We have considered the comment received. The following
presents the comment received on the NPRM (78 FR 79338, December 30,
2013) and the FAA's response to the comment.
Request To Remove Certain Service Information Procedures
Horizon Air requested that we change the language in paragraph (g)
of the NPRM (78 FR 79338, December 30, 2013) from mandating the
Accomplishment Instructions in Bombardier Service Bulletin 84-24-53,
Revision A, dated May 16, 2013, to mandating only the section of
Bombardier Service Bulletin 84-24-53, Revision A, dated May 16, 2013,
that corrects the unsafe condition. Horizon Air stated that the
Accomplishment Instructions, Part A, ``Job Set-up,'' and Part C,
``Close Out,'' have nothing to do with correcting the unsafe condition.
Horizon Air expressed that mandating operators to perform these
sections adds an unnecessary regulatory requirement because operators
must have the airplane in a specific condition, and keep it in that
condition, while performing the corrective action. Horizon Air also
stated that, if the FAA keeps the requirements of job setup and job
close-out, it forces an operator to request an alternative method of
compliance (AMOC) if it chooses to deviate from the work-steps. Horizon
Air provided its cost estimate of obtaining an AMOC.
In this case, we agree with the commenter's request to exclude the
``Job Set-up'' and ``Close Out'' sections of Bombardier Service
Bulletin 84-24-53, Revision A, dated May 16, 2013. We have revised
paragraph (g) of this AD to require accomplishment of paragraph 3.B.,
``Procedure,'' of the Accomplishment Instructions of Bombardier Service
Bulletin 84-24-53, Revision A, dated May 16, 2013.
[[Page 59631]]
``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 79338, December 30, 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, 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.
No comments were provided to the NPRM (78 FR 79338, December 30,
2013) about these proposed changes. However, a comment was provided for
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013), in which 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. 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 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). Where necessary throughout this AD, we also
replaced any reference to approvals of corrective actions with a
reference to the Contacting the Manufacturer paragraph.
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 discussed previously, 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.
Conclusion
We reviewed the relevant data, considered the comment 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:
Are consistent with the intent that was proposed in the
NPRM (78 FR 79338, December 30, 2013) for correcting the unsafe
condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 79338, December 30, 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 78 airplanes of U.S. registry.
We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD on U.S. operators to be $13,260, or $170 per product.
[[Page 59632]]
In addition, we estimate that any necessary follow-on actions would
take about 2 work-hours and require parts costing $11, for a cost of
$181 per product. We have received no definitive data that would enable
us to provide cost estimates for the on-condition repair of the AC
power feeder cables and hydraulic lines specified in this AD. 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 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 http://www.regulations.gov/#!docketDetail;D=FAA-2013-1067; 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.
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):
2014-20-09 Bombardier, Inc.: Amendment 39-17982. Docket No. FAA-
2013-1067; Directorate Identifier 2013-NM-164-AD.
(a) Effective Date
This AD becomes effective November 7, 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 4347 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
power.
(e) Reason
This AD was prompted by reports of missing clamps that are
required to provide positive separation between the alternating
current (AC) feeder cables and the hydraulic line of the landing
gear alternate extension. We are issuing this AD to detect and
correct chafing of the AC feeder cable. A chafed and arcing AC
feeder cable could puncture the adjacent hydraulic line, which, in
combination with the use of the alternate extension system, could
result in an in-flight fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Clamp Inspection, Related Investigative Actions, and Corrective
Actions
Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs earlier: Do a general visual inspection
for installation of clamps between the AC feeder cables and
hydraulic line; and do all applicable related investigative and
corrective actions; in accordance with paragraph 3.B.,
``Procedure,'' of the Accomplishment Instructions of Bombardier
Service Bulletin 84-24-53, Revision A, dated May 16, 2013. Do all
applicable related investigative and corrective actions before
further flight.
(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 Bombardier Service Bulletin 84-24-53, dated
May 11, 2012.
(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) 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.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-16, dated June 14,
2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1067-0002.
(2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this
[[Page 59633]]
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 84-24-53, Revision A, dated May
16, 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 [email protected]; Internet
http://www.bombardier.com.
(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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on September 23, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-23429 Filed 10-2-14; 8:45 am]
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