[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Rules and Regulations]
[Pages 35172-35174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11792]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21469; Directorate Identifier 2005-NM-124-AD; 
Amendment 39-14133; AD 2005-12-17]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model DHC-8-400 series airplanes. This AD requires 
inspecting the electrical connectors of the fire extinguisher bottles 
for the forward and aft baggage compartments and for the auxiliary 
power unit and engine nacelles to determine if they are connected 
correctly; and doing related investigative and corrective actions, if 
necessary. This AD is prompted by reports of the electrical connectors 
for the fire bottles in the forward and aft baggage compartments being 
cross connected. We are issuing this AD to detect and correct cross 
connection of the fire extinguisher bottles, which could result in 
failure of the fire bottles to discharge and consequent inability to 
extinguish a fire in the affected areas.

DATES: Effective July 5, 2005.
    The incorporation by reference of a certain publication listed in 
the AD is approved by the Director of the Federal Register as of July 
5, 2005.
    We must receive comments on this AD by August 16, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Bombardier, 
Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, 
Downsview, Ontario M3K 1Y5, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-21469; the directorate identifier for this 
docket is 2005-NM-124-AD.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
(DMS) receives them.

FOR FURTHER INFORMATION CONTACT: Ezra Sasson, Aerospace Engineer, 
Systems and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7320; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation (TCCA), 
which is the airworthiness authority for Canada, notified the FAA that 
an unsafe condition may exist on certain Bombardier Model DHC-8-400 
series airplanes. TCCA advises that it has received three reports of 
the electrical connectors for the fire extinguisher bottles in the 
forward and aft baggage compartments being cross connected. 
Investigation has revealed that similar conditions could exist in the 
fire extinguisher bottles for the auxiliary power unit (APU) and engine 
nacelles. Cross connection of the fire extinguisher bottles, if not 
corrected, could result in failure of the fire bottles to discharge and 
consequent inability to extinguish a fire in the affected areas.

Relevant Service Information

    Bombardier has issued Alert Service Bulletin A84-26-06, dated May 
12, 2005. The service bulletin describes procedures for inspecting the 
electrical connectors of the fire extinguisher bottles for the forward 
and aft baggage compartments and for the APU and engine nacelles to 
determine if they are

[[Page 35173]]

connected correctly; and doing related investigative and corrective 
actions if necessary. For certain fire extinguisher bottles, the 
related investigative action includes inspecting the connector pins for 
damage if the electrical connectors have been cross connected. The 
corrective actions include replacing any damaged electrical connectors 
with new electrical connectors and correcting any incorrect electrical 
connections, if necessary. Accomplishing the actions specified in the 
service information is intended to adequately address the unsafe 
condition. TCCA mandated the service bulletin and issued Canadian 
airworthiness directive CF-2005-14, dated May 16, 2005, to ensure the 
continued airworthiness of these airplanes in Canada.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in Canada and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the TCCA has kept the FAA informed 
of the situation described above. We have examined the TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to detect and correct cross 
connection of the fire extinguisher bottles, which could result in 
failure of the fire bottles to discharge and consequent inability to 
extinguish a fire in the affected areas. This AD requires accomplishing 
the actions specified in the service information described previously, 
except as discussed under ``Difference Between the AD, Canadian 
Airworthiness Directive, and Service Bulletin.''

Difference Between the AD, Canadian Airworthiness Directive, and 
Service Bulletin

    Operators should note that, although Canadian airworthiness 
directive CF-2005-14 and the Accomplishment Instructions of the 
referenced service bulletin describe procedures for submitting 
inspection results to the airplane manufacturer, this AD does not 
require that action. We do not need this information from operators.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD; therefore, providing notice and opportunity for public comment 
before the AD is issued is impracticable, and good cause exists to make 
this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-21469; 
Directorate Identifier 2005-NM-124-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, part A, subpart III, section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will 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 that the 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD. See the ADDRESSES section for a location to 
examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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):

2005-12-17 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14133. Docket No. FAA-2005-21469; Directorate Identifier 2005-NM-
124-AD.

Effective Date

    (a) This AD becomes effective July 5, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-400 series 
airplanes, certificated in any category; as identified in Bombardier

[[Page 35174]]

Alert Service Bulletin A84-26-06, dated May 12, 2005.

Unsafe Condition

    (d) This AD was prompted by reports of the electrical connectors 
for the fire bottles in the forward and aft compartments being cross 
connected. The FAA is issuing this AD to detect and correct cross 
connection of the fire extinguisher bottles, which could result in 
failure of the fire bottles to discharge and consequent inability to 
extinguish a fire in the affected areas.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Inspection and Corrective Action

    (f) Within 14 days after the effective date of this AD, inspect 
the electrical connectors of the fire extinguisher bottles for the 
forward and aft baggage compartments and for the auxiliary power 
unit and engine nacelles to determine if they are connected 
correctly; and, before further flight, do the related investigative 
and corrective actions, as applicable; by doing all of the 
applicable actions specified in the Accomplishment Instructions of 
Bombardier Alert Service Bulletin A84-26-06, dated May 12, 2005. 
Although the service bulletin referenced in this AD specifies to 
submit certain information to the manufacturer, this AD does not 
include that requirement.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, New York Aircraft Certification Office, FAA, 
has the authority to approve AMOCs for this AD, if requested in 
accordance with the procedures found in 14 CFR 39.19.

Related Information

    (h) Canadian airworthiness directive CF-2005-14, dated May 16, 
2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use Bombardier Alert Service Bulletin A84-26-06, 
dated May 12, 2005, to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approves the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To get copies of 
the service information, contact Bombardier, Inc., Bombardier 
Regional Aircraft Division, 123 Garratt Boulevard, Downsview, 
Ontario M3K 1Y5, Canada. To view the AD docket, go to the Docket 
Management Facility, U.S. Department of Transportation, 400 Seventh 
Street SW., room PL-401, Nassif Building, Washington, DC. To review 
copies of the service information, go to the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 7, 2005.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11792 Filed 6-16-05; 8:45 am]
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