[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41114-41117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15952]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1025; Directorate Identifier 2013-NM-096-AD; 
Amendment 39-17894; AD 2014-13-18]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Bombardier, Inc., Model DHC-8-102, -103, and -106 airplanes; and DHC-8-
200 and DHC-8-300 series airplanes. This AD was prompted by a report of 
a beta warning horn (BWH) system failing to activate when the beta mode 
was triggered. This AD requires modifying the BWH microswitch 
installation. We are issuing this AD to prevent the inadvertent 
activation of ground beta mode during flight, which could lead to 
engine overspeed, engine damage or failure, and consequent reduced 
controllability of the airplane.

DATES: This AD becomes effective August 19, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 19, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1025 or in person at the 
Docket Management Facility, 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 thd.qseries@

[[Page 41115]]

aero.bombardier.com; Internet http://www.bombardier.com. You may view 
this 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.

FOR FURTHER INFORMATION CONTACT: Kent Fredrickson, Aerospace Engineer, 
Propulsion and Flight Test Branch, ANE-173, FAA; NY Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone 516-228-7364; fax 516-794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Bombardier, Inc., 
Model DHC-8-102, -103, and -106 airplanes; and DHC-8-200 and DHC-8-300 
series airplanes. The NPRM published in the Federal Register on 
December 11, 2013 (78 FR 75291).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-01R1, dated March 6, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition certain Bombardier, Inc., Model DHC-8-102, -103, and -
106 airplanes; and DHC-8-200 and DHC-8-300 series airplanes. The MCAI 
states:

* * * * *
    During an on-ground Beta Warning Horn (BWH) system check 
conducted in the wake of an in-flight Beta range operation incident 
on a DHC-8 Series 200 aeroplane, it was discovered that the BWH 
system failed to activate when the Beta mode was triggered.
    An investigation by Bombardier had determined that the 
deformation of the flexible center console cover could cause the BWH 
system triggering microswitch to malfunction, resulting in dormant 
failure of the BWH system. To mitigate the safety risk by minimizing 
the risk exposure period, [TCCA] * * * mandate[d] a 50 hours 
periodic operational test of the BWH system functionality.
    To address the root cause of the subject problem, Bombardier has 
issued Service Bulletin (SB) 8-76-33 that modifies the BWH 
microswitch installation by replacing the BWH microswitch attachment 
bracket with a new, more robust bracket that is not affected by 
deformation of the center console cover. [Canadian] AD CF-2012-01 is 
therefore revised to mandate compliance with SB 8-76-33 as 
terminating action for the 50 hours periodic operational test 
requirement.

The unsafe condition is the inadvertent activation of ground beta mode 
during flight, which could lead to engine overspeed, engine damage or 
failure, and consequent reduced controllability of the airplane. You 
may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-1025-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (78 FR 75291, December 11, 
2013) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in this AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all Mandatory Continuing Airworthiness 
Information (MCAI) ADs in which the FAA develops an AD based on a 
foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (78 FR 75291, December 11, 2013), we proposed to 
prevent the use of repairs that were not specifically developed to 
correct the unsafe condition, by requiring that the repair approval 
provided by the State of Design Authority or its delegated agent 
specifically refer to this FAA AD. This change was intended to clarify 
the method of compliance and to provide operators with better 
visibility of repairs that are specifically developed and approved to 
correct the unsafe condition. In addition, we proposed to change the 
phrase ``its delegated agent'' to include a design approval holder 
(DAH) with State of Design Authority design organization approval 
(DOA), as applicable, to refer to a DAH authorized to approve required 
repairs for the proposed AD.
    No comments were provided to the NPRM (78 FR 75291, December 11, 
2013 about these proposed changes. However, a comment was provided for 
another NPRM, Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action must be accomplished using a 
method approved by the FAA, Transport Canada Civil Aviation (TCCA), or 
Bombardier's TCCA Design Approval Organization (DAO). Where necessary 
throughout this AD, we also replaced any reference to approvals of 
corrective actions with a reference to the Contacting the Manufacturer 
paragraph.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DAO, the approval must include the DAO-authorized 
signature. The DAO signature indicates that the data and information 
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DAO-authorized signature approval are not DAO-
approved, unless TCCA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase

[[Page 41116]]

flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM discussed previously, Directorate 
Identifier 2012-NM-101-AD (78 FR 78285, December 26, 2013), pointed out 
that in many cases the foreign manufacturer's service bulletin and the 
foreign authority's MCAI might have been issued some time before the 
FAA AD. Therefore, the DOA might have provided U.S. operators with an 
approved repair, developed with full awareness of the unsafe condition, 
before the FAA AD is issued. Under these circumstances, to comply with 
the FAA AD, the operator would be required to go back to the 
manufacturer's DOA and obtain a new approval document, adding time and 
expense to the compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate. We also have 
decided not to include a generic reference to either the ``delegated 
agent'' or ``DAH with State of Design Authority design organization 
approval,'' but instead we have provided the specific delegation 
approval granted by the State of Design Authority for the DAH in the 
Contacting the Manufacturer paragraph.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 75291, December 11, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 75291, December 11, 2013).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 94 airplanes of U.S. registry.
    We also estimate that it will take about 7 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 $117 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $66,928, or $712 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-1025; or in person at the 
Docket Management Facility between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The AD docket contains this 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.

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 airworthiness 
directive (AD):

2014-13-18 Bombardier, Inc.: Amendment 39-17894. Docket No. FAA-
2013-1025; Directorate Identifier 2013-NM-096-AD.

(a) Effective Date

    This AD becomes effective August 19, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model DHC-8-102, -103, -
106, -201, -202, -301, -311, and -315 airplanes; certificated in any 
category; serial numbers 003 through 672 inclusive with a beta 
warning horn (BWH) (Mod 8/2852) incorporated; except for airplanes 
that have incorporated Bombardier option CR873CH00003, CR873CH00005, 
CR873SOO8112, or MS8Q902206.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments; 
Code 76, Engine Controls.

[[Page 41117]]

(e) Reason

    This AD was prompted by a report of a BWH system failing to 
activate when the beta mode was triggered. We are issuing this AD to 
prevent the inadvertent activation of ground beta mode during 
flight, which could lead to engine overspeed, engine damage or 
failure, and consequent reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Terminating Modification

    Within 6,000 flight hours or 36 months, whichever occurs first, 
after the effective date of this AD: Modify the BWH microswitch 
installation by replacing the existing BWH microswitch installation 
bracket with a new bracket having part number 87610164-003, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-76-33, dated December 13, 2012.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the ACO, send it to ATTN: Program Manager, Continuing 
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Contacting the Manufacturer: 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, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or Transport 
Canada Civil Aviation (TCCA); or Bombardier's TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(i) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Canadian Airworthiness Directive CF-2012-01R1, dated March 6, 2013, 
for related information. This MCAI may be found in the AD docket on 
the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-
2013-1025-0002.

(j) 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 8-76-33, dated December 13, 
2012.
    (ii) Reserved.
    (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 view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (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 June 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-15952 Filed 7-14-14; 8:45 am]
BILLING CODE 4910-13-P