Airworthiness Directives; Bombardier, Inc. Airplanes, 48105-48107 [2014-19361]
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Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules
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
emcdonald on DSK67QTVN1PROD with PROPOSALS
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Bombardier, Inc. Model DHC–8–400
series airplanes. This proposed AD was
SUMMARY:
VerDate Mar<15>2010
17:22 Aug 14, 2014
Jkt 232001
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
https://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 https://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 https://
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
PO 00000
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Fmt 4702
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48105
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 https://
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 https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0569.
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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.
emcdonald on DSK67QTVN1PROD with PROPOSALS
‘‘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.
VerDate Mar<15>2010
17:22 Aug 14, 2014
Jkt 232001
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
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Frm 00010
Fmt 4702
Sfmt 4702
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;
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Federal Register / Vol. 79, No. 158 / Friday, August 15, 2014 / Proposed Rules
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.
emcdonald on DSK67QTVN1PROD with PROPOSALS
(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
VerDate Mar<15>2010
17:22 Aug 14, 2014
Jkt 232001
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 https://www.regulations.gov
PO 00000
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Fmt 4702
Sfmt 4702
48107
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 https://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 Regional
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
´
ATR–GIE Avions de Transport Regional
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.
SUMMARY:
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
https://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
ADDRESSES:
E:\FR\FM\15AUP1.SGM
15AUP1
Agencies
[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Proposed Rules]
[Pages 48105-48107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19361]
-----------------------------------------------------------------------
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 https://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 https://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 https://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 https://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 https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0569.
[[Page 48106]]
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 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 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;
[[Page 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
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. Amend Sec. 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 DAO-authorized 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 https://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
https://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]
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