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[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62363-62366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24696]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0752; Directorate Identifier 2014-NM-079-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 supersede Airworthiness Directive (AD) 2014-06-
08, for certain Bombardier, Inc. Model DHC-8-100, -200, and -300 series 
airplanes. AD 2014-06-08 currently requires repetitive functional 
checks of the nose and main landing gear, and corrective actions if 
necessary; and also provides optional terminating action modification 
for the repetitive functional checks. Since we issued AD 2014-06-08, we 
have determined that the optional terminating action modification is 
necessary to address the identified unsafe condition. This proposed AD 
would also require the terminating action modification. We are 
proposing this AD to detect and correct a false down-and-locked landing 
gear indication, which, on landing, could result in possible collapse 
of the landing gear.

DATES: We must receive comments on this proposed AD by December 1, 
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

[[Page 62364]]

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-
0752; 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: Cesar Gomez, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7318; 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-2014-0752; 
Directorate Identifier 2014-NM-079-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

    On March 19, 2014, we issued AD 2014-06-08, Amendment 39-17812 (79 
FR 17390, March 28, 2014). AD 2014-06-08 requires actions intended to 
address an unsafe condition on certain Bombardier, Inc. Model DHC-8-
100, -200, and -300 series airplanes.
    Since we issued AD 2014-06-08, Amendment 39-17812 (79 FR 17390, 
March 28, 2014), we have determined that the optional terminating 
modification specified in AD 2014-06-08 is necessary to address the 
identified unsafe condition.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-11, dated February 13, 2014 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition certain Bombardier, Inc. Model DHC-8 
airplanes. The MCAI states:

    During an in-service event where the landing gear control panel 
indicated an unsafe nose landing gear, the flight crew observed that 
all three green lights were illuminated on the emergency downlock 
indication system. The nose landing gear was not down and locked, 
and collapsed during landing.
    Investigation found ambient light and wiring shorts can lead to 
incorrect illumination of the green lights on the emergency downlock 
indication system.
    This [Canadian] AD mandates the functional check of the nose and 
main landing gear alternate indication phototransistors and the 
modification of the emergency downlock indication system 
[incorporation of Modsums 8Q101955, 8Q101968, and 8Q101969 as 
applicable].

The unsafe condition is a false down-and-locked landing gear 
indication, which, on landing, could result in possible collapse of the 
landing gear. The proposed modification consists of installing certain 
new electrical components and cable assemblies.
    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-
0752.

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 an NPRM having 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 NPRM having 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 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.

[[Page 62365]]

    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 actions must be accomplished using a method 
approved by the FAA, Transport Canada Civil Aviation (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.
    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.

Clarification of Repair Approval Required by Paragraph (g) of AD 2014-
06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014)

    In paragraph (g) of AD 2014-06-08, Amendment 39-17812 (79 FR 17390, 
March 28, 2014), the functional check and corrective actions are done 
in accordance with Bombardier Service Bulletin 8-32-173, Revision A, 
dated December 17, 2012. That service information specifies to contact 
the manufacturer for further instructions if certain discrepancies are 
found. As noted in paragraph (j)(2) of AD 2014-06-08, ``For any 
requirement in this AD to obtain corrective actions from a 
manufacturer, use these actions if they are FAA-approved . . .'' and 
``. . . corrective actions are considered FAA-approved if they were 
approved by the State of Design Authority (or its delegated agent, or 
the DAH with a State of Design Authority's design organization 
approval, as applicable).''
    To clarify the repair approval for the action specified in 
paragraph (g) of this AD, we have added an exception to paragraph (g) 
of this AD, including specific delegation approval language. The 
exception clarifies that where the service information specifies to 
contact the manufacturer for further instructions, this AD requires 
repairing using a method approved by the Manager, New York Aircraft 
Certification Office, ANE-170, Engine and Propeller Directorate, FAA; 
or TCCA; or Bombardier, Inc.'s TCCA DAO.

Costs of Compliance

    We estimate that this proposed AD affects 85 airplanes of U.S. 
registry.
    The actions that are required by AD 2014-06-08, Amendment 39-17812 
(79 FR 17390, March 28, 2014), and retained in this proposed AD take 
about 3 work-hours per product, at an average labor rate of $85 per 
work-hour. Based on these figures, the estimated cost of the actions 
that were required by AD 2014-06-08 is $21,675, or $255 per product, 
per inspection cycle.
    We also estimate that it would take up to 40 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 up to 
$19,436 per product. Based on these figures, we estimate the cost of 
this proposed AD on U.S. operators to be up to $1,941,060, or $22,836 
per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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 proposed 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 removing Airworthiness Directive (AD) 
2014-06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014), and 
adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2014-0752; Directorate Identifier 
2014-NM-079-AD.

[[Page 62366]]

(a) Comments Due Date

    We must receive comments by December 1, 2014.

(b) Affected ADs

    This AD replaces AD 2014-06-08, Amendment 39-17812 (79 FR 17390, 
March 28, 2014).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-101, -102, -103, 
-106, -201, -202, -301, -311, and -315 airplanes, certificated in 
any category, serial numbers 003 through 672 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by a report that the emergency downlock 
indication system (EDIS) had given a false landing gear down-and-
locked indication and a determination that a terminating action 
modification is necessary to address the identified unsafe 
condition. We are issuing this AD to detect and correct a false 
down-and-locked landing gear indication, which, on landing, could 
result in possible collapse of the landing gear.

(f) Compliance

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

(g) Retained Functional Check With Repair Approval Clarification

    This paragraph restates the requirements of paragraph (g) of AD 
2014-06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014), with 
specific delegation approval language. Within 600 flight hours or 
100 days, whichever occurs first after April 14, 2014 (the effective 
date of AD 2014-06-08): Perform a functional check of the alternate 
indication phototransistors of the nose and main landing gear; and 
do all applicable corrective actions; in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-32-173, 
Revision A, dated December 17, 2012; except where Bombardier Service 
Bulletin 8-32-173, Revision A, dated December 17, 2012, specifies to 
contact the manufacturer for further instructions, before further, 
flight, repair using a method approved by the Manager, New York 
Aircraft Certification Office, ANE-170, Engine and Propeller 
Directorate, FAA; or Transport Canada Civil Aviation (TCCA); or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). Do all 
applicable corrective actions before further flight. Repeat the 
functional check thereafter at intervals not to exceed 600 flight 
hours or 100 days, whichever occurs first, until accomplishment of 
the applicable actions specified in paragraph (h) of this AD.

(h) New Requirement of This AD: Terminating Action

    Within 6,000 flight hours or 36 months after the effective date 
of this AD, whichever occurs first: Do the applicable actions 
specified in paragraphs (h)(1) through (h)(3) of this AD. 
Accomplishment of the applicable actions specified in paragraphs 
(h)(1) through (h)(3) of this AD terminates the requirements of 
paragraph (g) of this AD.
    (1) For airplanes configured as described in Modsum 8/1519: 
Incorporate Modsum 8Q101968, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-33-56, Revision A, 
dated February 22, 2013.
    (2) For airplanes configured as described in Modsum 8/0235, 8/
0461, and 8/0534: Incorporate Modsum 8Q101955, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 8-32-
176, Revision A, dated February 22, 2013.
    (3) For airplanes not configured as described in Modsum 8/0534: 
Incorporate Modsum 8Q101969, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 8-32-177, dated October 
9, 2013.

(i) Credit for Previous Actions

    (1) 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 8-32-
173, dated October 28, 2011, which is not incorporated by reference 
in this AD.
    (2) This paragraph provides credit for actions required by 
paragraph (h)(1) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 8-
33-56, dated February 11, 2013, which is not incorporated by 
reference in this AD.
    (3) This paragraph provides credit for actions required by 
paragraph (h)(2) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 8-
32-176, dated February 11, 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 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: As of the effective date of 
this AD, 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 Aircraft Certification Office, 
ANE-170, Engine and Propeller Directorate, FAA; or TCCA; or 
Bombardier, Inc.'s TCCA 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-2014-11, dated February 
13, 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-2014-0752.
    (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 September 24, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-24696 Filed 10-16-14; 8:45 am]
BILLING CODE 4910-13-P
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