[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Proposed Rules]
[Pages 21077-21079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1003; Directorate Identifier 2012-NM-064-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Bombardier, Inc. Model DHC-8-400 series airplanes. 
That NPRM proposed replacing all three advance pneumatic detectors 
(APDs) with new detector assemblies. That NPRM was prompted by reports 
of ADPs for engine fire/overheat detector assemblies failing to reset 
after activation due to permanent deformation of the detector switch 
diaphragm after being exposed to high temperatures. This action revises 
that NPRM by adding airplanes to the applicability. We are proposing 
this AD to prevent a continued engine fire indication in the cockpit 
after the actual fire has been extinguished, which is misleading and 
might influence the pilot to conduct a potentially hazardous ``off-
airport'' landing. Since these actions impose an additional burden over 
that proposed in the NPRM, we are reopening the comment period to allow 
the public the chance to comment on these proposed changes.

DATES: We must receive comments on this proposed AD by May 24, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, 
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; email [email protected]; Internet http://www.bombardier.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
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: Mazdak Hobbi, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7330; 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-2012-1003; 
Directorate Identifier 2012-NM-064-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

[[Page 21078]]

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
October 2, 2012 (77 FR 60060). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM (77 FR 60060, October 2, 2012) was issued, we 
determined that airplanes having serial numbers 4374 through 4399 are 
also affected by the identified unsafe condition, and that the actions 
specified in paragraph (g)(3) of that NPRM need to be accomplished on 
those airplanes in order to address the identified unsafe condition.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-07R1, effective December 21, 2012 (referred to after this as the 
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to 
correct an unsafe condition for the specified products. The MCAI 
states:

There have been engine fires on DHC-8 Series 400 aeroplanes, where 
the ``ENGINE FIRE, CHECK FIRE DETECT'' warning and ``FUEL OFF'' 
handle lights failed to reset and remained illuminated after the 
fire was extinguished. An investigation has revealed that the 
existing engine fire/overheat detector assemblies ``Advance 
Pneumatic Detectors (APD)'' may fail to reset after activation due 
to permanent deformation of the detector switch diaphragm after 
being exposed to high temperatures.
This abnormal condition of a continued engine fire indication in the 
cockpit, after the actual fire has been extinguished, is misleading 
and may influence the pilot's decision to conduct a potentially 
hazardous ``off-airport'' landing, which is considered an unsafe 
condition that warrants mitigating action.
To mitigate this potentially hazardous condition, Bombardier has 
issued multiple service bulletins (SBs) [Bombardier Service 
Bulletins 84-26-08, Revision A, dated May 12, 2011; 84-26-09, 
Revision A, dated May 12, 2011; and 84-26-12, Revision B, dated 
October 12, 2012] to replace all three affected APDs with new 
detector assemblies that are not susceptible to the subject 
diaphragm deformation when exposed to excessive heat. * * *
This revised [Canadian] AD is issued to include the additional 26 
aeroplane S/Ns in the applicability section of the AD. The 
additional S/Ns, 4374 through 4399, only affect the compliance with 
Part III of this [Canadian] AD.

You may obtain further information by examining the MCAI in the AD 
docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletins 84-26-08, Revision B, 
dated September 24, 2012; and 84-26-12, Revision B, dated October 12, 
2012. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

Comments

    We gave the public the opportunity to comment on the original NPRM 
(77 FR 60060, October 2, 2012). We received no comments on that NPRM or 
on the determination of the cost to the public.

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.
    Certain changes described above expand the scope of the earlier 
NPRM (77 FR 60060, October 2, 2012). As a result, we have determined 
that it is necessary to reopen the comment period to provide additional 
opportunity for the public to comment on this proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 399 products of U.S. registry. We also estimate that 
it would take about 63 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $5,700 per product. Where 
the service information lists required parts costs that are covered 
under warranty, we have assumed that there will be no charge for these 
parts. As we do not control warranty coverage for affected parties, 
some parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $4,410,945, or $11,055 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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 AD:


[[Page 21079]]


Bombardier, Inc.: Docket No. FAA-2012-1003; Directorate Identifier 
2012-NM-064-AD.

(a) Comments Due Date

    We must receive comments by May 24, 2013.

(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 (S/Ns) 
4001 through 4399 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
protection.

(e) Reason

    This AD was prompted by reports of advance pneumatic detectors 
(APDs) for engine fire/overheat detector assemblies failing to reset 
after activation due to permanent deformation of the detector switch 
diaphragm after being exposed to high temperatures. We are issuing 
this AD to prevent a continued engine fire indication in the cockpit 
after the actual fire has been extinguished, which is misleading and 
might influence the pilot to conduct a potentially hazardous ``off-
airport'' landing.

(f) Compliance

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

(g) Installation

    Within 6,000 flight hours or 30 months after the effective date 
of this AD, whichever occurs first, replace the APDs as specified in 
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, as applicable.
    (1) For airplanes having S/Ns 4001 through 4373 inclusive: For 
the nacelle of the engine primary zone, remove any APD having part 
number (P/N) 10-1098 and install a new APD having P/N 10-1098-01, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-26-08, Revision B, dated September 24, 2012.
    (2) For airplanes having S/Ns 4001 through 4373 inclusive: For 
the nacelle of the landing gear primary zone, remove any APD having 
P/N 10-1097 or 10-1097-01 and install a new APD having P/N 10-1097-
02, in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-26-09, Revision A, dated May 12, 2011.
    (3) For all airplanes: For the propeller engine controller, 
remove any APD having P/N 10-1096, 10-1096-01, or 10-1096-02 (serial 
number is all numeric characters), and install a new APD having P/N 
10-1096-02 (serial number is three alpha and four numeric 
characters), in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-26-12, Revision B, dated October 12, 
2012.

(h) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g)(1) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD, which are 
not incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 84-26-08, dated March 11, 2011.
    (ii) Bombardier Service Bulletin 84-26-08, Revision A, dated May 
12, 2011.
    (2) This paragraph provides credit for actions required by 
paragraph (g)(2) of this AD, if those actions were performed before 
the effective date of this AD using Bombardier Service Bulletin 84-
26-09, dated March 11, 2011, which is not incorporated by reference 
in this AD.
    (3) This paragraph provides credit for actions required by 
paragraph (g)(3) of this AD, if those actions were performed before 
the effective date of this AD using the service information 
specified in paragraph (h)(3)(i) or (h)(3)(ii) of this AD, which are 
not incorporated by reference in this AD.
    (i) Bombardier Service Bulletin 84-26-12, dated October 12, 
2011.
    (ii) Bombardier Service Bulletin 84-26-12, Revision A, dated 
December 13, 2011.

(i) 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    (1) Refer to MCAI Canadian Airworthiness Directive CF-2012-07R1, 
effective December 21, 2012; and the service information identified 
in paragraphs (j)(1)(i), (j)(1)(ii), and (j)(1)(iii) of this AD; for 
related information.
    (i) Bombardier Service Bulletin 84-26-08, Revision B, dated 
September 24, 2012.
    (ii) Bombardier Service Bulletin 84-26-09, Revision A, dated May 
12, 2011.
    (iii) Bombardier Service Bulletin 84-26-12, Revision B, dated 
October 12, 2012.
    (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 [email protected]; Internet 
http://www.bombardier.com. You may review copies of the referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-08203 Filed 4-8-13; 8:45 am]
BILLING CODE 4910-13-P