Airworthiness Directives; Bombardier, Inc., Airplanes, 53070-53073 [2019-21352]
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Proposed Rules
generally known by or available from
other sources, (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality, (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure, (6) when
such information might lose its
confidential character due to the
passage of time, and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
§ 955.3
V. Approval of the Secretary of Energy
§ 955.4
The Secretary of Energy has approved
publication of this proposed rule.
Fees are payable upon delivery of
elemental mercury to the DOE facility.
All fee payments are to be made payable
to the U.S. Department of Energy. The
payments are to be made in U.S. funds
by electronic funds transfer such as
ACH (Automated Clearing House) using
E.D.I. (Electronic Data Interchange),
check, draft, money order, or credit
card.
List of Subjects in 10 CFR Part 955
Elemental mercury, Hazardous waste
treatment, storage, and disposal,
Reporting and recordkeeping
requirements.
Signed in Washington, DC, on September
26, 2019.
Dan Brouillette,
Deputy Secretary of Energy.
For the reasons set forth in the
preamble, the Department of Energy
proposes to add part 955 to title 10 of
the Code of Federal Regulations to read
as follows:
■
PART 955—FEE FOR LONG-TERM
MANAGEMENT AND STORAGE OF
ELEMENTAL MERCURY UNDER THE
MERCURY EXPORT BAN ACT OF 2008,
AS AMENDED
Sec.
955.1
955.2
955.3
955.4
955.5
Purpose.
Scope and applicability.
Definitions.
Payment of fees.
Schedule of fees.
Authority: 42 U.S.C. 6939f(b).
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§ 955.1
Purpose.
This part establishes a fee for longterm management and storage of
elemental mercury in accordance with
the Mercury Export Ban Act of 2008, as
amended, section 5(b), (42 U.S.C.
6939f(b)).
§ 955.2
Scope and applicability.
This part applies to persons who
deliver elemental mercury to the U.S.
Department of Energy (DOE) designated
facility for long-term management and
storage.
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Definitions.
DEPARTMENT OF TRANSPORTATION
The following definitions are
provided for purposes of this part:
DOE means the U.S. Department of
Energy.
Elemental mercury means the element
with the chemical symbol Hg and
atomic number 80 in its liquid form.
The form acceptable to DOE is at least
99.5% elemental mercury by volume.
DOE will not accept elemental mercury
in environmental media or consumer
products (fluorescent lamps, batteries,
etc.) or elemental mercury in
manufactured items (manometers,
thermometers, switches, etc.).
Metric ton means 1,000 kilograms
(approximately 2,204 lbs.).
§ 955.5
Payment of fees.
Schedule of fees.
(a) Persons delivering elemental
mercury to the DOE facility for longterm management and storage of
elemental mercury shall pay fees in
accordance with paragraph (b) of this
section.
(b) The sum of the receiving charge,
the cost of storage per metric ton for the
number of years escalating costs
according to the published escalation
rate in storage, the cost per metric ton
to transport elemental mercury to a
treatment facility in the year following
the number of years stored and cost per
metric ton to treat and dispose of
elemental mercury in the year following
the number of years stored. These
values may be updated annually. These
values are posted to the DOE Long-Term
Management and Storage of Elemental
Mercury website (https://
www.energy.gov/em/services/wastemanagement/waste-and-materialsdisposition-information/long-termmanagement-and). DOE will publish
notice in the Federal Register when the
values are updated to inform the public
of the updates.
[FR Doc. 2019–21536 Filed 10–3–19; 8:45 am]
BILLING CODE 6450–01–P
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Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0702; Product
Identifier 2019–NM–118–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes 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 a
quality escape in the manufacturing of
the advanced pneumatic detector (APD)
switches, and the presence of
contamination on the switch contact
pin. This proposed AD would require
identification and testing, and
reidentification or replacement if
necessary, of affected APDs. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by November 18,
2019.
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: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact De Havilland
Aircraft of Canada Ltd., Q-Series
Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5,
Canada; telephone 416–375–4000; fax
416–375–4539; email thd@
dehavilland.com; internet: https://
dehavilland.com. You may view this
service information at the FAA,
Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
SUMMARY:
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Proposed Rules
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–2019–
0702; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7347; fax 516–794–5531; email
9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0702; Product
Identifier 2019–NM–118–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM because of
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
personal information you provide. The
FAA will also post a report
summarizing each substantive verbal
contact the agency receives about this
NPRM.
Discussion
information describes procedures for
identification and testing, and
reidentification or replacement if
necessary, of affected APDs.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in the ADDRESSES section.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian AD
CF–2019–13, dated April 4, 2019
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for certain Bombardier, Inc.,
Model DHC–8–400, –401, and –402
airplanes. 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–2019–
0702.
This proposed AD was prompted by
a report of a quality escape in the
manufacturing of advanced pneumatic
detector (APD) switches, and the
presence of contamination on the switch
contact pin. The FAA is proposing this
AD to address such contamination that
could insulate the contact pin from the
diaphragm and result in undetected or
late detection of a fire. See the MCAI for
additional background information.
FAA’s Determination
Related Service Information Under 1
CFR Part 51
Costs of Compliance
Bombardier has issued Service
Bulletin 84–26–19, Revision ‘A,’ dated
February 11, 2019. This service
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to the
FAA’s bilateral agreement with the State
of Design Authority, the FAA has been
notified of the unsafe condition
described in the MCAI and service
information referenced above. The FAA
is proposing this AD because the FAA
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Proposed Requirements of This NPRM
This proposed AD would require
accomplishing the actions specified in
the service information described
previously. This proposed AD would
also require returning failed APDs to the
manufacturer.
The FAA estimates that this proposed
AD affects 65 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Cost per
product
Parts cost
Cost on U.S.
operators
Up to 10 work-hours × $85 per hour = Up to $850 .....................................................
$0
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
number of aircraft that might need this
on-condition actions:
the results of any required actions. The
FAA has no way of determining the
Up to $850 ............
Up to $55,250.
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ESTIMATED COSTS OF ON-CONDITION ACTIONS *
Labor cost
Parts cost
Up to 124 work-hours × $85 per hour = Up to $10,540 ..........................................................................
Up to $51,076 .......
Cost per
product
Up to $61,616.
* The FAA has received no definitive data to provide cost estimates for the on-condition return of parts.
According to the manufacturer, some
or all of the costs of this proposed AD
may be covered under warranty, thereby
reducing the cost impact on affected
individuals. The FAA does not control
warranty coverage for affected
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individuals. As a result, The FAA has
included all known costs in the cost
estimate.
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Paperwork Reduction Act
A federal agency may not conduct or
sponsor, and a person is not required to
respond to, nor shall a person be subject
to penalty for failure to comply with a
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collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a current valid
OMB control number. The control
number for the collection of information
required by this NPRM is 2120–0056.
The paperwork cost associated with this
NPRM has been detailed in the Costs of
Compliance section of this document
and includes time for reviewing
instructions, as well as completing and
reviewing the collection of information.
Therefore, all reporting associated with
this NPRM is mandatory. Comments
concerning the accuracy of this burden
and suggestions for reducing the burden
should be directed to the FAA at 800
Independence Ave. SW, Washington,
DC 20591, ATTN: Information
Collection Clearance Officer, AES–200.
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.
The FAA is 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.
This proposed AD is issued in
accordance with authority delegated by
the Executive Director, Aircraft
Certification Service, as authorized by
FAA Order 8000.51C. In accordance
with that order, issuance of ADs is
normally a function of the Compliance
and Airworthiness Division, but during
this transition period, the Executive
Director has delegated the authority to
issue ADs applicable to transport
category airplanes and associated
appliances to the Director of the System
Oversight Division.
Regulatory Findings
The FAA 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
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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) Will not affect intrastate aviation
in Alaska, and
(3) 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 adding
the following new airworthiness
directive (AD):
■
Bombardier, Inc.: Docket No. FAA–2019–
0702; Product Identifier 2019–NM–118–
AD.
(a) Comments Due Date
The FAA must receive comments by
November 18, 2019.
(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 and 4003 and subsequent.
(d) Subject
Air Transport Association (ATA) of
America Code 26, Fire protection.
(e) Reason
This AD was prompted by a report of a
quality escape in the manufacturing of
advanced pneumatic detector (APD)
switches, and the presence of contamination
on the switch contact pin. The FAA is
issuing this AD to address such
contamination that could insulate the contact
pin from the diaphragm and result in
undetected or late detection of a fire.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Affected APDs
For purposes of this AD, an affected APD
is manufactured by Kidde (UTAS) and has a
part number and serial number identified in
paragraphs (g)(1) through (10) of this AD.
(1) Part number 10–1096 (all serial
numbers).
(2) Part number 10–1096–01 (all serial
numbers).
(3) Part number 10–1096–02 (serial
numbers before AEM9907).
(4) Part number 10–1097 (all serial
numbers).
(5) Part number 10–1097–01 (all serial
numbers).
(6) Part number 10–1097–02 (serial
numbers before 17–0005).
(7) Part number 10–1098 (all serial
numbers).
(8) Part number 10–1098–01 (serial
numbers before 17–0110).
(9) Part number 10–1099 (all serial
numbers).
(10) Part number 10–1099–01 (serial
numbers before 17–0009).
(h) APD Identification and Test
Within 8,000 flight hours or 48 months,
whichever occurs first after the effective date
of this AD: Do the applicable actions
specified in paragraph (h)(1) and (2) of this
AD, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
84–26–19, Revision ‘A,’ dated February 11,
2019.
(1) Determine whether any affected APD is
installed on the engine nacelles or auxiliary
power unit (APU) compartment.
(2) Do the on-aircraft test of all affected
APDs.
(i) For any APD that passes the test: Before
further flight, reidentify the APD.
(ii) For any APD that fails the test, before
further flight, replace the APD with an
unaffected APD, or one provided by Kidde
that has been successfully tested and
reidentified.
(i) Return of Failed APDs
For any APD that fails the test specified in
paragraph (h)(2) of this AD: Return the APD
at the applicable time specified in paragraph
(i)(1) or (2) of this AD to Kidde Aerospace &
Defense, 4200 Airport Dr NW, Building B,
Wilson, NC 27896–8630, Attention Keith
Fail, Supervisor, Service Center.
(1) If the test was done on or after the
effective date of this AD: Send the APD
within 30 days after completion of the test.
(2) If the test was done before the effective
date of this AD: Send the APD within 30 days
after the effective date of this AD.
(j) Parts Installation Limitation
As of the effective date of this AD, no
person may install an affected APD, unless
the APD has been successfully tested and
reidentified in accordance with Bombardier
Service Bulletin 84–26–19, Revision ‘A,’
dated February 11, 2019.
(k) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (h) of this AD, if those
actions were performed before the effective
date of this AD using Bombardier Service
Bulletin 84–26–19, dated October 24, 2018.
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(l) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, 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 manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 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.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
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.
(3) Reporting Requirements: A federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 1 hour per response,
including the time for reviewing instructions,
completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave. SW, Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
AD CF–2019–13, dated April 4, 2019, 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–2019–0702.
(2) For more information about this AD,
contact Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Services
Section, FAA, New York ACO Branch, 1600
Stewart Avenue, Suite 410, Westbury, NY
11590; telephone 516–228–7347; fax 516–
794–5531; email 9-avs-nyaco-cos@faa.gov.
(3) For service information identified in
this AD, contact De Havilland Aircraft of
Canada Ltd., Q-Series Technical Help Desk,
123 Garratt Boulevard, Toronto, Ontario M3K
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1Y5, Canada; telephone 416–375–4000; fax
416–375–4539; email thd@dehavilland.com;
internet: https://dehavilland.com. You may
view this service information at the FAA,
Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information
on the availability of this material at the
FAA, call 206–231–3195.
Issued in Des Moines, Washington, on
September 24, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–21352 Filed 10–3–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0709; Product
Identifier 2019–NM–127–AD]
RIN 2120–AA64
Airworthiness Directives; Fokker
Services B.V. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Fokker Services B.V. Model F28 Mark
0070 and 0100 airplanes. This proposed
AD was prompted by reports of fuselage
bottom skin exfoliation corrosion,
fuselage skin bulging and cracking, and
missing fastener heads. This proposed
AD would require a detailed inspection
of the fuselage bottom skin for
corrosion, skin cracks or bulges, and
missing, loose or broken fasteners, and,
depending on the findings,
accomplishment of applicable repair
instructions, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which will be incorporated by
reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by November 18,
2019.
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
SUMMARY:
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53073
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For the material identified in this
proposed AD that will be incorporated
by reference (IBR), contact the EASA,
Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
89990 1000; email ADs@easa.europa.eu;
internet www.easa.europa.eu. You may
find this IBR material on the EASA
website at https://ad.easa.europa.eu.
You may view this IBR material at the
FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0709.
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–2019–
0709; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for Docket Operations is
listed above. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3226.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under the ADDRESSES section. Include
‘‘Docket No. FAA–2019–0709; Product
Identifier 2019–NM–127–AD’’ at the
beginning of your comments. The FAA
specifically invites comments on the
overall regulatory, economic,
environmental, and energy aspects of
this NPRM. The FAA will consider all
comments received by the closing date
and may amend this NPRM based on
those comments.
The FAA will post all comments,
without change, to https://
www.regulations.gov, including any
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]]>Agencies
[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Proposed Rules]
[Pages 53070-53073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21352]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0702; Product Identifier 2019-NM-118-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc., Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes 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 a quality escape in the
manufacturing of the advanced pneumatic detector (APD) switches, and
the presence of contamination on the switch contact pin. This proposed
AD would require identification and testing, and reidentification or
replacement if necessary, of affected APDs. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by November
18, 2019.
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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact De
Havilland Aircraft of Canada Ltd., Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax 416-375-4539; email [email protected]; internet: https://dehavilland.com. You may view this service information at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195.
[[Page 53071]]
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-2019-
0702; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer,
Avionics and Electrical Systems Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
516-228-7347; fax 516-794-5531; email [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0702;
Product Identifier 2019-NM-118-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM because of those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.
Discussion
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2019-13, dated April 4,
2019 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for
certain Bombardier, Inc., Model DHC-8-400, -401, and -402 airplanes.
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-2019-
0702.
This proposed AD was prompted by a report of a quality escape in
the manufacturing of advanced pneumatic detector (APD) switches, and
the presence of contamination on the switch contact pin. The FAA is
proposing this AD to address such contamination that could insulate the
contact pin from the diaphragm and result in undetected or late
detection of a fire. See the MCAI for additional background
information.
Related Service Information Under 1 CFR Part 51
Bombardier has issued Service Bulletin 84-26-19, Revision `A,'
dated February 11, 2019. This service information describes procedures
for identification and testing, and reidentification or replacement if
necessary, of affected APDs.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.
Proposed Requirements of This NPRM
This proposed AD would require accomplishing the actions specified
in the service information described previously. This proposed AD would
also require returning failed APDs to the manufacturer.
Costs of Compliance
The FAA estimates that this proposed AD affects 65 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour $0 Up to $850................... Up to $55,250.
= Up to $850.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition actions:
Estimated Costs of On-Condition Actions *
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 124 work-hours x $85 per hour = Up Up to $51,076..................... Up to $61,616.
to $10,540.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data to provide cost estimates for the on-condition return of parts.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, The FAA has included
all known costs in the cost estimate.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a
[[Page 53072]]
collection of information subject to the requirements of the Paperwork
Reduction Act unless that collection of information displays a current
valid OMB control number. The control number for the collection of
information required by this NPRM is 2120-0056. The paperwork cost
associated with this NPRM has been detailed in the Costs of Compliance
section of this document and includes time for reviewing instructions,
as well as completing and reviewing the collection of information.
Therefore, all reporting associated with this NPRM is mandatory.
Comments concerning the accuracy of this burden and suggestions for
reducing the burden should be directed to the FAA at 800 Independence
Ave. SW, Washington, DC 20591, ATTN: Information Collection Clearance
Officer, AES-200.
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.
The FAA is 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.
This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.
Regulatory Findings
The FAA 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) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
Bombardier, Inc.: Docket No. FAA-2019-0702; Product Identifier 2019-
NM-118-AD.
(a) Comments Due Date
The FAA must receive comments by November 18, 2019.
(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
and 4003 and subsequent.
(d) Subject
Air Transport Association (ATA) of America Code 26, Fire
protection.
(e) Reason
This AD was prompted by a report of a quality escape in the
manufacturing of advanced pneumatic detector (APD) switches, and the
presence of contamination on the switch contact pin. The FAA is
issuing this AD to address such contamination that could insulate
the contact pin from the diaphragm and result in undetected or late
detection of a fire.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Affected APDs
For purposes of this AD, an affected APD is manufactured by
Kidde (UTAS) and has a part number and serial number identified in
paragraphs (g)(1) through (10) of this AD.
(1) Part number 10-1096 (all serial numbers).
(2) Part number 10-1096-01 (all serial numbers).
(3) Part number 10-1096-02 (serial numbers before AEM9907).
(4) Part number 10-1097 (all serial numbers).
(5) Part number 10-1097-01 (all serial numbers).
(6) Part number 10-1097-02 (serial numbers before 17-0005).
(7) Part number 10-1098 (all serial numbers).
(8) Part number 10-1098-01 (serial numbers before 17-0110).
(9) Part number 10-1099 (all serial numbers).
(10) Part number 10-1099-01 (serial numbers before 17-0009).
(h) APD Identification and Test
Within 8,000 flight hours or 48 months, whichever occurs first
after the effective date of this AD: Do the applicable actions
specified in paragraph (h)(1) and (2) of this AD, in accordance with
the Accomplishment Instructions of Bombardier Service Bulletin 84-
26-19, Revision `A,' dated February 11, 2019.
(1) Determine whether any affected APD is installed on the
engine nacelles or auxiliary power unit (APU) compartment.
(2) Do the on-aircraft test of all affected APDs.
(i) For any APD that passes the test: Before further flight,
reidentify the APD.
(ii) For any APD that fails the test, before further flight,
replace the APD with an unaffected APD, or one provided by Kidde
that has been successfully tested and reidentified.
(i) Return of Failed APDs
For any APD that fails the test specified in paragraph (h)(2) of
this AD: Return the APD at the applicable time specified in
paragraph (i)(1) or (2) of this AD to Kidde Aerospace & Defense,
4200 Airport Dr NW, Building B, Wilson, NC 27896-8630, Attention
Keith Fail, Supervisor, Service Center.
(1) If the test was done on or after the effective date of this
AD: Send the APD within 30 days after completion of the test.
(2) If the test was done before the effective date of this AD:
Send the APD within 30 days after the effective date of this AD.
(j) Parts Installation Limitation
As of the effective date of this AD, no person may install an
affected APD, unless the APD has been successfully tested and
reidentified in accordance with Bombardier Service Bulletin 84-26-
19, Revision `A,' dated February 11, 2019.
(k) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(h) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 84-26-19, dated
October 24, 2018.
[[Page 53073]]
(l) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, 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 manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 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.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, 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.
(3) Reporting Requirements: A federal agency may not conduct or
sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with a
collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
completing and reviewing the collection of information. All
responses to this collection of information are mandatory. Comments
concerning the accuracy of this burden and suggestions for reducing
the burden should be directed to the FAA at: 800 Independence Ave.
SW, Washington, DC 20591, Attn: Information Collection Clearance
Officer, AES-200.
(m) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2019-13, dated April 4, 2019, 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-2019-0702.
(2) For more information about this AD, contact Thomas Niczky,
Aerospace Engineer, Avionics and Electrical Systems Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516-228-7347; fax 516-794-5531; email
[email protected].
(3) For service information identified in this AD, contact De
Havilland Aircraft of Canada Ltd., Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-
375-4000; fax 416-375-4539; email [email protected]; internet:
https://dehavilland.com. You may view this service information at
the FAA, Transport Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.
Issued in Des Moines, Washington, on September 24, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-21352 Filed 10-3-19; 8:45 am]
BILLING CODE 4910-13-P
