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[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Proposed Rules]
[Pages 75291-75293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29513]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1025; Directorate Identifier 2013-NM-096-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-8-102, -103, and -106 airplanes; 
and DHC-8-200 and DHC-8-300 series airplanes. This proposed AD was 
prompted by a report of a beta warning horn (BWH) system failing to 
activate when the beta mode was triggered. This proposed AD would 
require modifying the BWH microswitch installation. We are proposing 
this AD to prevent the inadvertent activation of ground beta mode 
during flight, which could lead to engine overspeed, engine damage or 
failure, and consequent reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by January 27, 
2014.

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 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.

[[Page 75292]]

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, regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket 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: Kent Fredrickson, Aerospace Engineer, 
Propulsion and Flight Test Branch, ANE-173, FAA; New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone 516-228-7364; 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-2013-1025; 
Directorate Identifier 2013-NM-096-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-
2012-01R1, dated March 6, 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 an on-ground Beta Warning Horn (BWH) system check 
conducted in the wake of an in-flight Beta range operation incident 
on a DHC-8 Series 200 aeroplane, it was discovered that the BWH 
system failed to activate when the Beta mode was triggered.
    An investigation by Bombardier had determined that the 
deformation of the flexible center console cover could cause the BWH 
system triggering microswitch to malfunction, resulting in dormant 
failure of the BWH system. To mitigate the safety risk by minimizing 
the risk exposure period, [TCCA] * * * mandate[d] a 50 hours 
periodic operational test of the BWH system functionality.
    To address the root cause of the subject problem, Bombardier has 
issued Service Bulletin (SB) 8-76-33 that modifies the BWH 
microswitch installation by replacing the BWH microswitch attachment 
bracket with a new, more robust bracket that is not affected by 
deformation of the center console cover. [TCCA] AD CF-2012-01 is 
therefore revised to mandate compliance with SB 8-76-33 as 
terminating action for the 50 hours periodic operational test 
requirement.

The unsafe condition is the inadvertent activation of ground beta mode 
during flight, which could lead to engine overspeed, engine damage or 
failure, and consequent reduced controllability of the airplane. You 
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-1025.

Relevant Service Information

    Bombardier, Inc., has issued Service Bulletin 8-76-33, dated 
December 13, 2012. 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.

Differences Between This Proposed AD and the MCAI or Service 
Information

    Although the MCAI includes an operational test of the BWH system, 
this proposed AD does not require that action. Once the actions 
required by this AD are done, the modification of the BWH microswitch 
installation adequately addresses the identified unsafe condition. 
Also, AD 2005-13-35, Amendment 39-14172 (70 FR 48854, August 22, 2005), 
for all Bombardier, Inc., Model DHC-8-100, DHC-8-200, and DHC-8-300 
series airplanes, includes a requirement for certain airplanes to 
perform operational checks of the beta lockout system. This difference 
has been coordinated with TCCA.

Costs of Compliance

    We estimate that this proposed AD affects 94 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Modification......................  7 work-hours x $85 per               $117             $712          $66,928
                                     hour = $595.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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

[[Page 75293]]

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 AD:

Bombardier, Inc.: Docket No. FAA-2013-1025; Directorate Identifier 
2013-NM-096-AD.

(a) Comments Due Date

    We must receive comments by January 27, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-102, -103, -
106, -201, -202, -301, -311, and -315 airplanes; certificated in any 
category; serial numbers 003 through 672 inclusive with a beta 
warning horn (BWH) (Mod 8/2852) incorporated; except for airplanes 
that have incorporated Bombardier option CR873CH00003, CR873CH00005, 
CR873SOO8112, or MS8Q902206.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments; 
Code 76, Engine Controls.

(e) Reason

    This AD was prompted by a report of a BWH system failing to 
activate when the beta mode was triggered. We are issuing this AD to 
prevent the inadvertent activation of ground beta mode during 
flight, which could lead to engine overspeed, engine damage or 
failure, and consequent reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Terminating Modification

    Within 6,000 flight hours or 36 months, whichever occurs first, 
after the effective date of this AD: Modify the BWH microswitch 
installation by replacing the existing BWH microswitch installation 
bracket with a new bracket having part number 87610164-003, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-76-33, dated December 13, 2012.

(h) 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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or by the Design Approval Holder with a State of 
Design Authority's design organization approval). For a repair 
method to be approved, the repair approval must specifically refer 
to this AD. You are required to ensure the product is airworthy 
before it is returned to service.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2012-01R1, dated March 6, 
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 it in Docket No. FAA-2013-1025.
    (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 copies of 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.

    Issued in Renton, Washington, on November 29, 2013.
Johm P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-29513 Filed 12-10-13; 8:45 am]
BILLING CODE 4910-13-P
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