Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules 48105 

PART 129—OPERATIONS: FOREIGN 

AIR CARRIERS AND FOREIGN 

OPERATORS OF U.S.-REGISTERED 

AIRCRAFT ENGAGED IN COMMON 

CARRIAGE 

■ 5. The authority citation for part 129 

continues to read as follows: 

Authority: 49 U.S.C. 40113, 40119, 41301, 

44101, 44701–44702, 44705, 44709–44711, 

44713, 44716–44717, 44722, 44901–44904, 

44906, 44912, 46105, Public Law 107–71 sec. 

104. 

■ 6. Add § 129.119 to subpart B to read 

as follows: 

§ 129.119 Fuel tank vent explosion 

protection. 

(a) Applicability. This section applies 

to transport category, turbine-powered 

airplanes with a type certificate issued 

after January 1, 1958, that, as a result of 

original type certification or later 

increase in capacity, have: 

(1) A maximum type-certificated 

passenger capacity of 30 or more, or 

(2) A maximum payload capacity of 

7,500 pounds or more. 

(b) New production airplanes. No 

certificate holder may operate an 

airplane for which the State of 

Manufacture issued the original 

certificate of airworthiness or export 

airworthiness approval after [insert date 

2 years after effective date of rule] 

unless fuel tank vent system explosion 

prevention means meeting the 

requirements of § 25.975 of this chapter, 

are installed and operational. 

Issued under authority provided by 49 

U.S.C. 106(f), 44701(a), and 44703 in 

Washington, DC, on August 1, 2014. 

Frank Paskiewicz, 

Acting Director, Aircraft Certification Service. 

[FR Doc. 2014–18959 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–2014–0569; Directorate 

Identifier 2014–NM–047–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 

prompted by a report of loose bolts that 

are intended to secure the translating 

door crank assembly to the outside 

handle shaft. This proposed AD would 

require a detailed inspection for loose 

bolts on the aft translating door crank 

assembly, and removal and 

reinstallation of the bolts. We are 

proposing this AD to prevent loose bolts 

from falling out. If both bolts become 

loose or fall out after the door is closed 

and locked, the door cannot be opened 

from inside or outside, which could 

impede evacuation in the event of an 

emergency. 

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– 

0569; 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, 

New York 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–2014–0569; Directorate Identifier 

2014–NM–047–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–2014–08, 

dated February 10, 2014 (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 was one in-service report where the 

bolts securing the translating door crank 

assembly to the outside handle shaft were 

found loose. It was also found on another 

translating door that sealant was missing on 

these bolts. If both bolts become loose or fall 

out after the door is closed and locked, the 

door cannot be opened from inside or 

outside. 

The aft entry translating door and aft 

service translating door are classified as 

emergency exits. The inability to open an 

emergency exit could impede evacuation in 

the event of an emergency. 

This [Canadian] AD mandates the 

inspection of the translating door crank 

assemblies for loose bolts, as well as 

appropriate rectification [removal and 

reinstallation of the bolts]. 

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– 

0569. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
48106 Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules 

Relevant Service Information 

Bombardier has issued Service 

Bulletin 84–52–75, Revision A, dated 

July 11, 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 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. 

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, or Transport 

Canada Civil Aviation (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. 

Costs of Compliance 

We estimate that this proposed AD 

affects 82 airplanes of U.S. registry. 

We also estimate that it would take 

about 7 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 $0 per product. 

Based on these figures, we estimate the 

cost of this proposed AD on U.S. 

operators to be $48,790, 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 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; 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules 48107 

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 

■ 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. Amend § 39.13 by adding the 

following new airworthiness directive 

(AD): 

Bombardier, Inc.: Docket No. FAA–2014– 

0569; Directorate Identifier 2014–NM– 

047–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 4411 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 52, Doors. 

(e) Reason 

This AD was prompted by a report of loose 

bolts that are intended to secure the 

translating door crank assembly to the 

outside handle shaft. We are issuing this AD 

to prevent loose bolts from falling out. If both 

bolts become loose or fall out after the door 

is closed and locked, the door cannot be 

opened from inside or outside, which could 

impede evacuation in the event of an 

emergency. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Inspection and Corrective Actions 

Within 600 flight hours or 100 days, 

whichever occurs first after the effective date 

of this AD, do a detailed inspection of the aft 

translating door crank assembly for loose 

bolts, in accordance with Part A— 

INSPECTION of the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–52–75, Revision A, dated July 11, 2013. 

Doing the applicable actions specified in 

paragraph (g)(1) or (g)(2) of this AD 

terminates the requirements of this 

paragraph. 

(1) If any loose bolt is found: Before further 

flight, remove and reinstall the translating 

door crank assembly bolt, in accordance with 

Part B—RECTIFICATION of the 

Accomplishment Instructions of Bombardier 

Service Bulletin 84–52–75, Revision A, dated 

July 11, 2013. 

(2) If no loose bolt is found: Within 6,000 

flight hours or 36 months, whichever occurs 

first after the effective date of this AD, 

remove and reinstall the translating door 

crank assembly bolts, in accordance with Part 

B—RECTIFICATION of the Accomplishment 

Instructions of Bombardier Service Bulletin 

84–52–75, Revision A, dated July 11, 2013. 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraphs (g)(1) and (g)(2) of 

this AD, if those actions were performed 

before the effective date of this AD using 

Bombardier Service Bulletin 84–52–75, dated 

July 27, 2012, which is not incorporated by 

reference in this AD. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York 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: 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, International Branch, ANM– 

116, Transport Airplane 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–2014–08, dated 

February 10, 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–2014–0569. 

(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 August 

6, 2014. 

Victor Wicklund, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–19361 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–2014–0568; Directorate 

Identifier 2014–NM–075–AD] 

RIN 2120–AA64 

Airworthiness Directives; ATR–GIE 

Avions de Transport Re ́gional 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

ATR–GIE Avions de Transport Re ́gional 

Model ATR42 and ATR72 airplanes. 

This proposed AD was prompted by 

reports of fuel quantity indication 

malfunctions caused by fuel probe 

failure. This proposed AD would 

require identifying the part number and 

serial number of the fuel probes and 

replacing if necessary. We are proposing 

this AD to prevent fuel probe failure, 

which could lead to undetected fuel 

starvation and consequent dual engine 

in-flight flame-out. 

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 


emcdonald on DSK67QTVN1PROD with PROPOSALS