Airworthiness Directives; Bombardier, Inc. Airplanes, 62363-62366 [2014-24696]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules
unnecessarily limit the ability of PACs
to associate with candidates? In light of
the McCutcheon decision and
discussion above, should the
Commission revise any of its other
earmarking rules? If so, how?
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Affiliation
In addition to the earmarking
provisions discussed above, the Court
cited the anti-proliferation provisions of
the Act and Commission regulations as
mechanisms that limit circumvention of
the base limits. McCutcheon, 134 S. Ct.
at 1453–54 (citing former 2 U.S.C.
441a(a)(5); 11 CFR 100.5(g)).
Commission regulations provide that
‘‘[a]ll committees . . . established,
financed, maintained, or controlled, by
the same . . . person, or group of
persons . . . are affiliated,’’ and thus are
subject to a single contribution limit. 11
CFR 100.5(g)(2), 110.3(a)(1)(ii). These
regulations include a number of
affiliation factors, see 11 CFR
100.5(g)(4), 110.3(a)(3), which the Court
indicated the Commission could use—
when presented with ‘‘suspicious
patterns of PAC donations’’—to
determine whether political committees
are affiliated. See McCutcheon, 134 S.
Ct. at 1454. Are the current affiliation
factors at 11 CFR 100.5(g)(4) and
110.3(a)(3) adequate to prevent
circumvention of the base contribution
limits? Should the Commission revisit
its affiliation factors? If so, how?
Joint Fundraising Committees
The Act and Commission regulations
authorize the creation of joint
fundraising committees, see 52 U.S.C.
30102(e)(3)(A)(ii) (formerly 2 U.S.C.
432(e)(3)(A)(ii)); 11 CFR 102.17, as well
as the transfer of funds between and
among participating committees. See 11
CFR 102.6(a)(1)(iii), 110.3(c)(2). The
Court noted that these rules could be
revised to limit the opportunity for
using joint fundraising committees to
circumvent the base limits. See
McCutcheon, 134 S. Ct. at 1458–59. The
Court suggested, for instance, that joint
fundraising committees could be limited
in size, or that funds received by
participants in a joint fundraising
committee could be spent only ‘‘by their
recipients.’’ Id.
The Act includes the following
provisions that can affect transfers
between committees engaged in joint
fundraising. Candidates may transfer
contributions they receive, ‘‘without
limitation, to a national, State, or local
committee of a political party.’’ 52
U.S.C. 30114(a)(4) (formerly 2 U.S.C.
439a(a)(4)). The limits on contributions
found at 52 U.S.C. 30116(a)(1) and (2)
(formerly 2 U.S.C. 441a(a)(1) and (2)) do
not apply to transfers ‘‘between and
among political committees which are
national, State, district or local
committees (including any subordinate
committee thereof) of the same political
party.’’ 52 U.S.C. 30116(a)(4) (formerly 2
U.S.C. 441a(a)(4)). The Act provides that
contributions made by political
committees that are ‘‘established or
financed or maintained or controlled’’
by the same entity shall be considered
to have been made by a single
committee, except that this provision
does not ‘‘limit transfers between
political committees of funds raised
through joint fundraising efforts.’’ 52
U.S.C. 30116(a)(5)(A) (formerly 2 U.S.C.
441a(a)(5)(A)).
In light of the McCutcheon decision
and the statutory provisions described
above, can or should the Commission
revise its joint fundraising rules? If so,
how?
Disclosure
The Supreme Court observed that
disclosure requirements ‘‘may . . .
‘deter actual corruption and avoid the
appearance of corruption by exposing
large contributions and expenditures to
the light of publicity.’ ’’ McCutcheon,
134 S. Ct. at 1459–60 (quoting Buckley
v. Valeo, 424 U.S. 1, 67 (1976)).
Particularly due to developments in
technology—primarily the internet—the
Court observed that ‘‘disclosure offers
much more robust protections against
corruption’’ because ‘‘[r]eports and
databases are available on the FEC’s
Web site almost immediately after they
are filed.’’ Id. at 1460.
Given these developments in modern
technology, what regulatory changes or
other steps should the Commission take
to further improve its collection and
presentation of campaign finance data?
On behalf of the Commission,
Dated: October 9, 2014.
Lee E. Goodman,
Chairman, Federal Election Commission.
[FR Doc. 2014–24660 Filed 10–16–14; 8:45 am]
BILLING CODE 6715–01–P
Multicandidate Political Committees, 52 FR 760,
765 (Jan. 9, 1987).
VerDate Sep<11>2014
17:43 Oct 16, 2014
Jkt 235001
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
62363
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2014–0752; Directorate
Identifier 2014–NM–079–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede
Airworthiness Directive (AD) 2014–06–
08, for certain Bombardier, Inc. Model
DHC–8–100, –200, and –300 series
airplanes. AD 2014–06–08 currently
requires repetitive functional checks of
the nose and main landing gear, and
corrective actions if necessary; and also
provides optional terminating action
modification for the repetitive
functional checks. Since we issued AD
2014–06–08, we have determined that
the optional terminating action
modification is necessary to address the
identified unsafe condition. This
proposed AD would also require the
terminating action modification. We are
proposing this AD to detect and correct
a false down-and-locked landing gear
indication, which, on landing, could
result in possible collapse of the landing
gear.
DATES: We must receive comments on
this proposed AD by December 1, 2014.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
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
SUMMARY:
E:\FR\FM\17OCP1.SGM
17OCP1
62364
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules
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–
0752; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7318; fax
516–794–5531.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2014–0752; Directorate Identifier
2014–NM–079–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to 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
On March 19, 2014, we issued AD
2014–06–08, Amendment 39–17812 (79
FR 17390, March 28, 2014). AD 2014–
06–08 requires actions intended to
address an unsafe condition on certain
Bombardier, Inc. Model DHC–8–100,
–200, and –300 series airplanes.
Since we issued AD 2014–06–08,
Amendment 39–17812 (79 FR 17390,
March 28, 2014), we have determined
that the optional terminating
modification specified in AD 2014–06–
VerDate Sep<11>2014
17:43 Oct 16, 2014
Jkt 235001
08 is necessary to address the identified
unsafe condition.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2014–11,
dated February 13, 2014 (referred to
after this as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
certain Bombardier, Inc. Model DHC–8
airplanes. The MCAI states:
During an in-service event where the
landing gear control panel indicated an
unsafe nose landing gear, the flight crew
observed that all three green lights were
illuminated on the emergency downlock
indication system. The nose landing gear was
not down and locked, and collapsed during
landing.
Investigation found ambient light and
wiring shorts can lead to incorrect
illumination of the green lights on the
emergency downlock indication system.
This [Canadian] AD mandates the
functional check of the nose and main
landing gear alternate indication
phototransistors and the modification of the
emergency downlock indication system
[incorporation of Modsums 8Q101955,
8Q101968, and 8Q101969 as applicable].
The unsafe condition is a false downand-locked landing gear indication,
which, on landing, could result in
possible collapse of the landing gear.
The proposed modification consists of
installing certain new electrical
components and cable assemblies.
You may examine the MCAI in the
AD docket on the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2014–
0752.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
‘‘Contacting the Manufacturer’’
Paragraph in This Proposed AD
Since late 2006, we have included a
standard paragraph titled ‘‘Airworthy
Product’’ in all MCAI ADs in which the
FAA develops an AD based on a foreign
authority’s AD.
The MCAI or referenced service
information in an FAA AD often directs
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\17OCP1.SGM
17OCP1
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
To address this misunderstanding and
misinterpretation of the Airworthy
Product paragraph, we have changed the
paragraph and retitled it ‘‘Contacting the
Manufacturer.’’ This paragraph now
clarifies that for any requirement in this
proposed AD to obtain corrective
actions from a manufacturer, the actions
must be accomplished using a method
approved by the FAA, Transport Canada
Civil Aviation (TCCA), or Bombardier’s
TCCA Design Approval Organization
(DAO).
The Contacting the Manufacturer
paragraph also clarifies that, if approved
by the DAO, the approval must include
the DAO-authorized signature. The DAO
signature indicates that the data and
information contained in the document
are TCCA-approved, which is also 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.
We also have decided not to include
a generic reference to either the
‘‘delegated agent’’ or ‘‘design approval
holder (DAH) with State of Design
Authority design organization
approval,’’ but instead we have
provided the specific delegation
approval granted by the State of Design
Authority for the DAH.
information specifies to contact the
manufacturer for further instructions if
certain discrepancies are found. As
noted in paragraph (j)(2) of AD 2014–
06–08, ‘‘For any requirement in this AD
to obtain corrective actions from a
manufacturer, use these actions if they
are FAA-approved . . .’’ and ‘‘. . .
corrective actions are considered FAAapproved if they were approved by the
State of Design Authority (or its
delegated agent, or the DAH with a State
of Design Authority’s design
organization approval, as applicable).’’
To clarify the repair approval for the
action specified in paragraph (g) of this
AD, we have added an exception to
paragraph (g) of this AD, including
specific delegation approval language.
The exception clarifies that where the
service information specifies to contact
the manufacturer for further
instructions, this AD requires repairing
using a method approved by the
Manager, New York Aircraft
Certification Office, ANE–170, Engine
and Propeller Directorate, FAA; or
TCCA; or Bombardier, Inc.’s TCCA
DAO.
Clarification of Repair Approval
Required by Paragraph (g) of AD 2014–
06–08, Amendment 39–17812 (79 FR
17390, March 28, 2014)
In paragraph (g) of AD 2014–06–08,
Amendment 39–17812 (79 FR 17390,
March 28, 2014), the functional check
and corrective actions are done in
accordance with Bombardier Service
Bulletin 8–32–173, Revision A, dated
December 17, 2012. That service
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,
VerDate Sep<11>2014
17:43 Oct 16, 2014
Jkt 235001
Costs of Compliance
We estimate that this proposed AD
affects 85 airplanes of U.S. registry.
The actions that are required by AD
2014–06–08, Amendment 39–17812 (79
FR 17390, March 28, 2014), and retained
in this proposed AD take about 3 workhours per product, at an average labor
rate of $85 per work-hour. Based on
these figures, the estimated cost of the
actions that were required by AD 2014–
06–08 is $21,675, or $255 per product,
per inspection cycle.
We also estimate that it would take up
to 40 work-hours per product to comply
with the basic requirements of this
proposed AD. The average labor rate is
$85 per work-hour. Required parts
would cost up to $19,436 per product.
Based on these figures, we estimate the
cost of this proposed AD on U.S.
operators to be up to $1,941,060, or
$22,836 per product.
We have received no definitive data
that would enable us to provide cost
estimates for the on-condition actions
specified in this proposed AD.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
62365
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This proposed
regulation is within the scope of that
authority because it addresses an unsafe
condition that is likely to exist or
develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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
removing Airworthiness Directive (AD)
2014–06–08, Amendment 39–17812 (79
FR 17390, March 28, 2014), and adding
the following new AD:
■
Bombardier, Inc.: Docket No. FAA–2014–
0752; Directorate Identifier 2014–NM–
079–AD.
E:\FR\FM\17OCP1.SGM
17OCP1
62366
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules
(a) Comments Due Date
We must receive comments by December 1,
2014.
(b) Affected ADs
This AD replaces AD 2014–06–08,
Amendment 39–17812 (79 FR 17390, March
28, 2014).
(c) Applicability
This AD applies to Bombardier, Inc. Model
DHC–8–101, –102, –103, –106, –201, –202,
–301, –311, and –315 airplanes, certificated
in any category, serial numbers 003 through
672 inclusive.
(d) Subject
Air Transport Association (ATA) of
America Code 32, Landing gear.
(e) Reason
This AD was prompted by a report that the
emergency downlock indication system
(EDIS) had given a false landing gear downand-locked indication and a determination
that a terminating action modification is
necessary to address the identified unsafe
condition. We are issuing this AD to detect
and correct a false down-and-locked landing
gear indication, which, on landing, could
result in possible collapse of the landing
gear.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Retained Functional Check With Repair
Approval Clarification
This paragraph restates the requirements of
paragraph (g) of AD 2014–06–08,
Amendment 39–17812 (79 FR 17390, March
28, 2014), with specific delegation approval
language. Within 600 flight hours or 100
days, whichever occurs first after April 14,
2014 (the effective date of AD 2014–06–08):
Perform a functional check of the alternate
indication phototransistors of the nose and
main landing gear; and do all applicable
corrective actions; in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 8–32–173, Revision A, dated
December 17, 2012; except where
Bombardier Service Bulletin 8–32–173,
Revision A, dated December 17, 2012,
specifies to contact the manufacturer for
further instructions, before further, flight,
repair using a method approved by the
Manager, New York Aircraft Certification
Office, ANE–170, Engine and Propeller
Directorate, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.’s TCCA
Design Approval Organization (DAO). Do all
applicable corrective actions before further
flight. Repeat the functional check thereafter
at intervals not to exceed 600 flight hours or
100 days, whichever occurs first, until
accomplishment of the applicable actions
specified in paragraph (h) of this AD.
(h) New Requirement of This AD:
Terminating Action
Within 6,000 flight hours or 36 months
after the effective date of this AD, whichever
occurs first: Do the applicable actions
specified in paragraphs (h)(1) through (h)(3)
VerDate Sep<11>2014
17:43 Oct 16, 2014
Jkt 235001
of this AD. Accomplishment of the
applicable actions specified in paragraphs
(h)(1) through (h)(3) of this AD terminates the
requirements of paragraph (g) of this AD.
(1) For airplanes configured as described in
Modsum 8/1519: Incorporate Modsum
8Q101968, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 8–33–56, Revision A, dated
February 22, 2013.
(2) For airplanes configured as described in
Modsum 8/0235, 8/0461, and 8/0534:
Incorporate Modsum 8Q101955, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
8–32–176, Revision A, dated February 22,
2013.
(3) For airplanes not configured as
described in Modsum 8/0534: Incorporate
Modsum 8Q101969, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 8–32–177, dated October 9,
2013.
(i) Credit for Previous Actions
(1) This paragraph provides credit for
actions required by paragraph (g) of this AD,
if those actions were performed before the
effective date of this AD using Bombardier
Service Bulletin 8–32–173, dated October 28,
2011, which is not incorporated by reference
in this AD.
(2) This paragraph provides credit for
actions required by paragraph (h)(1) of this
AD, if those actions were performed before
the effective date of this AD using
Bombardier Service Bulletin 8–33–56, dated
February 11, 2013, which is not incorporated
by reference in this AD.
(3) This paragraph provides credit for
actions required by paragraph (h)(2) of this
AD, if those actions were performed before
the effective date of this AD using
Bombardier Service Bulletin 8–32–176, dated
February 11, 2013, which is not incorporated
by reference in this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the ACO, send it to ATTN:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590;
telephone 516–228–7300; fax 516–794–5531.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
the Manager, New York Aircraft Certification
Office, ANE–170, Engine and Propeller
Directorate, FAA; or TCCA; or Bombardier,
Inc.’s TCCA DAO. If approved by the DAO,
the approval must include the DAOauthorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2014–11, dated
February 13, 2014, for related information.
This MCAI may be found in the AD docket
on the Internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2014–0752.
(2) For service information identified in
this AD, contact Bombardier, Inc., Q-Series
Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada;
telephone 416–375–4000; fax 416–375–4539;
email thd.qseries@aero.bombardier.com;
Internet 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
September 24, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2014–24696 Filed 10–16–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2014–0293; Airspace
Docket No. 14–ANE–5]
Proposed Establishment of Class E
Airspace; Plainville, CT
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
This action proposes to
establish Class E Airspace at Plainville,
CT, to accommodate new Area
Navigation (RNAV) Global Positioning
System (GPS) Standard Instrument
Approach Procedures (SIAPs) serving
Robertson Field Airport. This action
would enhance the safety and airspace
management of Instrument Flight Rules
(IFR) operations within the National
Airspace System.
DATES: Comments must be received on
or before December 1, 2014.
ADDRESSES: Send comments on this rule
to: U.S. Department of Transportation,
Docket Operations, West Building
Ground Floor, Room W12–140, 1200
New Jersey SE., Washington, DC 20590–
SUMMARY:
E:\FR\FM\17OCP1.SGM
17OCP1
]]>Agencies
[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62363-62366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24696]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0752; Directorate Identifier 2014-NM-079-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede Airworthiness Directive (AD) 2014-06-
08, for certain Bombardier, Inc. Model DHC-8-100, -200, and -300 series
airplanes. AD 2014-06-08 currently requires repetitive functional
checks of the nose and main landing gear, and corrective actions if
necessary; and also provides optional terminating action modification
for the repetitive functional checks. Since we issued AD 2014-06-08, we
have determined that the optional terminating action modification is
necessary to address the identified unsafe condition. This proposed AD
would also require the terminating action modification. We are
proposing this AD to detect and correct a false down-and-locked landing
gear indication, which, on landing, could result in possible collapse
of the landing gear.
DATES: We must receive comments on this proposed AD by December 1,
2014.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to 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
[[Page 62364]]
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0752; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516-228-7318; fax 516-794-5531.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0752;
Directorate Identifier 2014-NM-079-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to 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
On March 19, 2014, we issued AD 2014-06-08, Amendment 39-17812 (79
FR 17390, March 28, 2014). AD 2014-06-08 requires actions intended to
address an unsafe condition on certain Bombardier, Inc. Model DHC-8-
100, -200, and -300 series airplanes.
Since we issued AD 2014-06-08, Amendment 39-17812 (79 FR 17390,
March 28, 2014), we have determined that the optional terminating
modification specified in AD 2014-06-08 is necessary to address the
identified unsafe condition.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-11, dated February 13, 2014 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition certain Bombardier, Inc. Model DHC-8
airplanes. The MCAI states:
During an in-service event where the landing gear control panel
indicated an unsafe nose landing gear, the flight crew observed that
all three green lights were illuminated on the emergency downlock
indication system. The nose landing gear was not down and locked,
and collapsed during landing.
Investigation found ambient light and wiring shorts can lead to
incorrect illumination of the green lights on the emergency downlock
indication system.
This [Canadian] AD mandates the functional check of the nose and
main landing gear alternate indication phototransistors and the
modification of the emergency downlock indication system
[incorporation of Modsums 8Q101955, 8Q101968, and 8Q101969 as
applicable].
The unsafe condition is a false down-and-locked landing gear
indication, which, on landing, could result in possible collapse of the
landing gear. The proposed modification consists of installing certain
new electrical components and cable assemblies.
You may examine the MCAI in the AD docket on the Internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0752.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
``Contacting the Manufacturer'' Paragraph in This Proposed AD
Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed during accomplishment of an AD
mandated Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
[[Page 62365]]
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, Transport Canada Civil Aviation (TCCA), or
Bombardier's TCCA Design Approval Organization (DAO).
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DAO, the approval must include the DAO-authorized
signature. The DAO signature indicates that the data and information
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or
other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH.
Clarification of Repair Approval Required by Paragraph (g) of AD 2014-
06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014)
In paragraph (g) of AD 2014-06-08, Amendment 39-17812 (79 FR 17390,
March 28, 2014), the functional check and corrective actions are done
in accordance with Bombardier Service Bulletin 8-32-173, Revision A,
dated December 17, 2012. That service information specifies to contact
the manufacturer for further instructions if certain discrepancies are
found. As noted in paragraph (j)(2) of AD 2014-06-08, ``For any
requirement in this AD to obtain corrective actions from a
manufacturer, use these actions if they are FAA-approved . . .'' and
``. . . corrective actions are considered FAA-approved if they were
approved by the State of Design Authority (or its delegated agent, or
the DAH with a State of Design Authority's design organization
approval, as applicable).''
To clarify the repair approval for the action specified in
paragraph (g) of this AD, we have added an exception to paragraph (g)
of this AD, including specific delegation approval language. The
exception clarifies that where the service information specifies to
contact the manufacturer for further instructions, this AD requires
repairing using a method approved by the Manager, New York Aircraft
Certification Office, ANE-170, Engine and Propeller Directorate, FAA;
or TCCA; or Bombardier, Inc.'s TCCA DAO.
Costs of Compliance
We estimate that this proposed AD affects 85 airplanes of U.S.
registry.
The actions that are required by AD 2014-06-08, Amendment 39-17812
(79 FR 17390, March 28, 2014), and retained in this proposed AD take
about 3 work-hours per product, at an average labor rate of $85 per
work-hour. Based on these figures, the estimated cost of the actions
that were required by AD 2014-06-08 is $21,675, or $255 per product,
per inspection cycle.
We also estimate that it would take up to 40 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost up to
$19,436 per product. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be up to $1,941,060, or $22,836
per product.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This proposed regulation is
within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing Airworthiness Directive (AD)
2014-06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014), and
adding the following new AD:
Bombardier, Inc.: Docket No. FAA-2014-0752; Directorate Identifier
2014-NM-079-AD.
[[Page 62366]]
(a) Comments Due Date
We must receive comments by December 1, 2014.
(b) Affected ADs
This AD replaces AD 2014-06-08, Amendment 39-17812 (79 FR 17390,
March 28, 2014).
(c) Applicability
This AD applies to Bombardier, Inc. Model DHC-8-101, -102, -103,
-106, -201, -202, -301, -311, and -315 airplanes, certificated in
any category, serial numbers 003 through 672 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Reason
This AD was prompted by a report that the emergency downlock
indication system (EDIS) had given a false landing gear down-and-
locked indication and a determination that a terminating action
modification is necessary to address the identified unsafe
condition. We are issuing this AD to detect and correct a false
down-and-locked landing gear indication, which, on landing, could
result in possible collapse of the landing gear.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Functional Check With Repair Approval Clarification
This paragraph restates the requirements of paragraph (g) of AD
2014-06-08, Amendment 39-17812 (79 FR 17390, March 28, 2014), with
specific delegation approval language. Within 600 flight hours or
100 days, whichever occurs first after April 14, 2014 (the effective
date of AD 2014-06-08): Perform a functional check of the alternate
indication phototransistors of the nose and main landing gear; and
do all applicable corrective actions; in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-32-173,
Revision A, dated December 17, 2012; except where Bombardier Service
Bulletin 8-32-173, Revision A, dated December 17, 2012, specifies to
contact the manufacturer for further instructions, before further,
flight, repair using a method approved by the Manager, New York
Aircraft Certification Office, ANE-170, Engine and Propeller
Directorate, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). Do all
applicable corrective actions before further flight. Repeat the
functional check thereafter at intervals not to exceed 600 flight
hours or 100 days, whichever occurs first, until accomplishment of
the applicable actions specified in paragraph (h) of this AD.
(h) New Requirement of This AD: Terminating Action
Within 6,000 flight hours or 36 months after the effective date
of this AD, whichever occurs first: Do the applicable actions
specified in paragraphs (h)(1) through (h)(3) of this AD.
Accomplishment of the applicable actions specified in paragraphs
(h)(1) through (h)(3) of this AD terminates the requirements of
paragraph (g) of this AD.
(1) For airplanes configured as described in Modsum 8/1519:
Incorporate Modsum 8Q101968, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 8-33-56, Revision A,
dated February 22, 2013.
(2) For airplanes configured as described in Modsum 8/0235, 8/
0461, and 8/0534: Incorporate Modsum 8Q101955, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 8-32-
176, Revision A, dated February 22, 2013.
(3) For airplanes not configured as described in Modsum 8/0534:
Incorporate Modsum 8Q101969, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 8-32-177, dated October
9, 2013.
(i) Credit for Previous Actions
(1) This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Bombardier Service Bulletin 8-32-
173, dated October 28, 2011, which is not incorporated by reference
in this AD.
(2) This paragraph provides credit for actions required by
paragraph (h)(1) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 8-
33-56, dated February 11, 2013, which is not incorporated by
reference in this AD.
(3) This paragraph provides credit for actions required by
paragraph (h)(2) of this AD, if those actions were performed before
the effective date of this AD using Bombardier Service Bulletin 8-
32-176, dated February 11, 2013, which is not incorporated by
reference in this AD.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
(2) Contacting the Manufacturer: As of the effective date of
this AD, for any requirement in this AD to obtain corrective actions
from a manufacturer, the action must be accomplished using a method
approved by the Manager, New York Aircraft Certification Office,
ANE-170, Engine and Propeller Directorate, FAA; or TCCA; or
Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval
must include the DAO-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-11, dated February
13, 2014, for related information. This MCAI may be found in the AD
docket on the Internet at https://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0752.
(2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000;
fax 416-375-4539; email thd.qseries@aero.bombardier.com; Internet
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 September 24, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-24696 Filed 10-16-14; 8:45 am]
BILLING CODE 4910-13-P
