[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53633-53635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19830]


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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; 
Amendment 39-17563; AD 2013-16-25]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. 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. This AD requires replacing all three APDs 
with new detector assemblies. 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.

DATES: This AD becomes effective October 4, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 4, 
2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
    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.

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: 

[[Page 53634]]

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. The SNPRM published in the Federal Register on April 9, 2013 
(78 FR 21077). The notice of proposed rulemaking NPRM (77 FR 60060, 
October 2, 2012), which preceded the SNPRM, proposed to require 
replacing all three APDs with new detector assemblies. The SNPRM 
proposed to add airplanes to the applicability.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM (78 FR 21077, April 9, 
2013) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed--except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM (78 FR 21077, April 9, 2013) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM (78 FR 21077, April 9, 2013).

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
399 products of U.S. registry. We also estimate that it will take about 
63 work-hours per product to comply with the basic requirements of this 
AD. The average labor rate is $85 per work-hour. Required parts will 
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 this 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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under 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 AD and placed it in the AD docket.

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 AD, the MCAI, 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    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 AD:

2013-16-25 Bombardier, Inc.: Amendment 39-17563; Docket No. FAA-
2012-1003; Directorate Identifier 2012-NM-064-AD.

(a) Effective Date

    This AD becomes effective October 4, 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.

[[Page 53635]]

(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 Mandatory Continuing Airworthiness Information 
Canadian Airworthiness Directive CF-2012-07R1, effective December 
21, 2012, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the address specified 
in paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (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.
    (3) 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.
    (4) You may review copies of the 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 1, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19830 Filed 8-29-13; 8:45 am]
BILLING CODE 4910-13-P