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[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Proposed Rules]
[Pages 41661-41664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16811]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0447; Directorate Identifier 2014-NM-019-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 Model DHC-8-400 series airplanes. This proposed AD 
was prompted by a report of several cracks found on the forward 
passenger airstair door step assembly. This proposed AD would require 
an inspection to determine the serial number of the airstair step 
assembly, and if necessary, an electronic tap test, re-identification 
of the airstair step assembly, and replacement of the airstair step 
assembly. We are proposing this AD to detect and correct cracks in the 
forward passenger airstair door step assembly, which could propagate 
and result in the structural failure of the steps and impede the 
evacuation of passengers in the event of an emergency egress situation.

DATES: We must receive comments on this proposed AD by September 2, 
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.

[[Page 41662]]

    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-
0447; 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: Jeffrey Zimmer, 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) 228-7306; 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-2014-0447; 
Directorate Identifier 2014-NM-019-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-
2013-20R1, dated December 30, 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 has been one in-service report of several cracks being 
found on the forward passenger airstair door step assembly between 
the steps and the sidewall panels. The investigation revealed that 
the application of potting compound may have been omitted during the 
bonding at the joint of the airstair door steps and the sidewalls. 
The omission of potting compound could cause the bonding sealant to 
crack. The cracks, if not detected, could propagate to result in the 
structural failure of the steps.
    In the event of an emergency egress situation, the failure of 
the airstair step assembly could impede the evacuation of 
passengers.
    This [Canadian] AD mandates the replacement of the affected 
forward passenger airstair step assembly with a new or reworked step 
assembly.
    Revision 1 of this [Canadian] AD provides additional 
instructions for performing an electronic tap test of the airstair 
step assembly if the Serial Number (S/N) of the airstair step 
assembly cannot be found.

    The actions in this AD include an inspection to determine the 
serial number of the airstair step assembly, and if necessary, an 
electronic tap test, re-identification of the airstair step assembly, 
and replacement of the airstair step assembly. 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-2014-0447.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-52-77, Revision B, dated 
October 31, 2013. 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.
    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 another NPRM, 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 other NPRM, 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

[[Page 41663]]

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 proposed 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).
    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.

Costs of Compliance

    We estimate that this proposed AD affects 76 airplanes of U.S. 
registry.
    We also estimate that it would take about 1 work-hour 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 $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $6,460, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take up to 9 work-hours and require parts costing $206,175, for a cost 
of $206,940 per product. 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 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-2014-0447; Directorate Identifier 
2014-NM-019-AD.

(a) Comments Due Date

    We must receive comments by September 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 series airplanes, certificated in any category, serial numbers 
4001 and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by a report of several cracks found on the 
forward passenger airstair door step assembly. We are issuing this 
AD to detect and correct cracks in the forward passenger airstair 
door step assembly, which could propagate and result in the 
structural failure of the steps and impede the evacuation of 
passengers in the event of an emergency egress situation.

(f) Compliance

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

(g) Inspection, Electronic Tap Test, Re-Identification, and Replacement 
of the Airstair Step Assembly

    For airplanes having serial numbers 4001 through 4393: Within 
320 days after the effective date of this AD, do an inspection to 
determine the serial number of the airstair step assembly, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-52-77, Revision B, dated October 31, 2013.
    (1) If the serial number of the airstair step assembly cannot be 
found, or if the serial number is illegible: Before further flight, 
do an electronic tap test to determine the existence of epoxy 
compound, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-52-77, Revision B, dated October 31, 
2013.
    (i) If the existence of epoxy compound is confirmed, before 
further flight, re-identify the airstair step assembly, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-52-77, Revision B, dated October 31, 2013.

[[Page 41664]]

    (ii) If the existence of epoxy compound is not confirmed: Within 
6,000 flight hours after the effective date of this AD, replace the 
airstair step assembly, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-52-77, Revision B, 
dated October 31, 2013.
    (2) If the serial number of the airstair step assembly is in the 
affected range specified in paragraph 1.A. ``Effectivity'' of 
Bombardier Service Bulletin 84-52-77, Revision B, dated October 31, 
2013: Within 6,000 flight hours after the effective date of this AD, 
replace the airstair step assembly, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, 
Revision B, dated October 31, 2013.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane an airstair step assembly with part number 85217008-001 
containing a serial number in the affected range specified in 
paragraph 1.A. ``Effectivity'' of Bombardier Service Bulletin 84-52-
77, Revision B, dated October 31, 2013.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD if the serial number is known, and if those actions 
were performed before the effective date of this AD using Bombardier 
Service Bulletin 84-52-77, Revision A, dated April 24, 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 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-20R1, dated December 
30, 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 Docket No. FAA-2014-0447.
    (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 3, 2014.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-16811 Filed 7-16-14; 8:45 am]
BILLING CODE 4910-13-P
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