```

[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Proposed Rules]
[Pages 47384-47387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19153]

=======================================================================
-----------------------------------------------------------------------

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).

-----------------------------------------------------------------------

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 thd.qseries@aero.bombardier.com; 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 thd.qseries@aero.bombardier.com; 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
```