48030 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Rules and Regulations 

(5) You may view this service information 

at the FAA, Engine & Propeller Directorate, 

12 New England Executive Park, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7125. 

(h) Material Incorporated by Reference 

None. 

Issued in Burlington, Massachusetts, on 

August 6, 2014. 

Colleen M. D’Alessandro, 

Assistant Directorate Manager, Engine & 

Propeller Directorate, Aircraft Certification 

Service. 

[FR Doc. 2014–19228 Filed 8–14–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–1068; Directorate 

Identifier 2013–NM–196–AD; Amendment 

39–17923; AD 2014–15–20] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

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 failure of the high pressure 

shutoff valves (HPSOVs) causing the 

timer and monitor unit (TMU) to 

become inoperative since the HPSOV 

and the TMU are on the same circuit 

breaker. This AD requires a wiring 

modification to segregate the HPSOV 

power supply from the TMU. We are 

issuing this AD to prevent an 

inoperative TMU, which could result in 

the loss of the automatic de-icing mode, 

and lead to an increased workload for 

the flight crew and loss of control of the 

airplane. 

DATES: This AD becomes effective 

September 19, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of September 19, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2013-1068; 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., QSeries 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. 

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: 

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 

January 2, 2014 (79 FR 76). Transport 

Canada Civil Aviation (TCCA), which is 

the aviation authority for Canada, has 

issued Canadian Airworthiness 

Directive CF–2013–27, dated September 

25, 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: 

There have been several in-service reports 

of the failure of high pressure shutoff valves 

(HPSOV) causing the Timer and Monitor 

Unit (TMU) to become inoperative since the 

HPSOV and TMU are on the same circuit 

breaker. 

An inoperative TMU would result in the 

loss of the automatic de-icing mode and 

would lead to an increased workload for the 

flightcrew. In the case where additional 

failures occur during a critical flight phase, 

the significantly increased workload could 

lead to loss of control of the aeroplane. 

This [Canadian] AD mandates a wiring 

modification to segregate the HPSOV power 

supply from the TMU. 

You may examine the MCAI in the 

AD docket on the Internet at http://

www.regulations.gov/

#!documentDetail;D=FAA-2013-1068- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comment 

received on the NPRM (79 FR 76, 

January 2, 2014) and the FAA’s response 

to the comment. 

Request To Use the Latest Service 

Information 

Horizon Air requested that we revise 

the proposed AD (79 FR 76, January 2, 

2014) to allow compliance for 

Bombardier Service Bulletin 84–36–04, 

Revision B, dated January 2, 2014, or 

Bombardier Service Bulletin 84–36–04, 

Revision A, dated April 17, 2013. 

We agree with the commenter’s 

request to reference the latest service 

information. We have revised this AD 

by referencing Bombardier Service 

Bulletin 84–36–04, Revision B, dated 

January 2, 2014, throughout this AD. We 

have also revised paragraph (h) of this 

AD to give credit for actions done before 

the effective date of this AD in 

accordance with Bombardier Service 

Bulletin 84–36–04, Revision A, dated 

April 17, 2013, as well as Bombardier 

Service Bulletin 84–36–04, dated March 

13, 2013. 

‘‘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 (79 FR 76, January 2, 

2014), 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. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Rules and Regulations 48031 

No comments were provided to the 

NPRM (79 FR 76, January 2, 2014) about 

these proposed changes. However, a 

comment was provided for an NPRM 

having Directorate Identifier 2012–NM– 

101–AD (78 FR 78285, December 26, 

2013). 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 the 

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 actions 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 FAAapproved. 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 

having 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 DAHprovided 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 throughout this 

AD. 

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 (79 FR 76, 

January 2, 2014) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (79 FR 76, 

January 2, 2014). 

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 will take 

about 7 work-hours per product to 

comply with the basic requirements of 

this AD. The average labor rate is $85 

per work-hour. Required parts will cost 

about $0 per product. Based on these 

figures, we estimate the cost of this AD 

on U.S. operators to be $46,410, or $595 

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 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, 


emcdonald on DSK67QTVN1PROD with RULES
48032 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Rules and Regulations 

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.go

v#!docketDetail;D=FAA-2013-1068; 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2014–15–20 Bombardier, Inc.: Amendment 

39–17923. Docket No. FAA–2013–1068; 

Directorate Identifier 2013–NM–196–AD. 

(a) Effective Date 

This AD becomes effective September 19, 

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 4446 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 36, Pneumatic. 

(e) Reason 

This AD was prompted by reports of failure 

of the high pressure shutoff valves (HPSOVs) 

causing the timer and monitor unit (TMU) to 

become inoperative since the HPSOV and the 

TMU are on the same circuit breaker. We are 

issuing this AD to prevent an inoperative 

TMU, which could result in the loss of the 

automatic de-icing mode, and lead to an 

increased workload for the flight crew and 

loss of control of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Segregation of the HPSOV Power Supply 

From the TMU 

Within 2,000 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first: Do a wiring modification to 

segregate the HPSOV power supply from the 

TMU, by incorporating Bombardier ModSum 

Package 4–110595, Revision C, dated May 14, 

2013, in accordance with the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–36–04, Revision B, dated 

January 2, 2014. 

(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 84–36–04, dated March 13, 2013; or 

Bombardier Service Bulletin 84–36–04, 

Revision A, dated April 17, 2013. 

(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 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 

516–794–5531. Before using any approved 

AMOC, notify your appropriate principal 

inspector, or lacking a principal inspector, 

the manager of the local flight standards 

district officecertificate 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 DAOauthorized signature. 

(j) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Canadian 

Airworthiness Directive CF–2013–27, dated 

September 25, 2013, for related information. 

This MCAI may be found in the AD docket 

on the Internet at http:/www.regulations.gov

#!documentDetail;D=FAA-2013-1068-0002. 

(2) Service information identified in this 

AD that is not incorporated by reference may 

be viewed 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 

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 84–36–04, 

Revision B, dated January 2, 2014. 

(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 thd.qseries@aero.bombardier.com; 

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.govfederal-registercfribrlocations.html. 

Issued in Renton, Washington, on July 18, 

2014. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–18306 Filed 8–14–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0368; Airspace 

Docket No. 13–AGL–26] 

RIN 2120–AA66 

Amendment of Air Traffic Service 

(ATS) Routes in the Vicinity of Nabb, 

IN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies four 

VOR Federal airways (V–44, V–47, 

V–49, and V–51) in the vicinity of Nabb, 

IN. The Nabb, IN (ABB), VHF 

Omnidirectional Range (VOR)/Tactical 

Air Navigation (VORTAC) facility that 

provides navigation guidance for a 

portion of the airways listed was 

damaged beyond repair by a tornado in 

2012. 

DATES: Effective date 0901 UTC, 

November 13, 2014. The Director of the 


emcdonald on DSK67QTVN1PROD with RULES