[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Rules and Regulations]
[Pages 70438-70441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27357]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0191; Directorate Identifier 2013-NM-256-AD; 
Amendment 39-18030; AD 2014-23-14]
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-8-400 series airplanes. This AD was prompted 
by reports of swing arm assemblies of engine fuel feed ejector pumps 
detaching from the outlet port of the engine fuel feed ejector pump and 
partially blocking the engine fuel feed line. This AD requires 
installing a restrictor into the engine fuel feed line. We are issuing 
this AD to prevent blocked engine fuel flow and possible engine 
flameout.

DATES: This AD becomes effective December 31, 2014.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 70439]]

of a certain publication listed in this AD as of December 31, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0191 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 [email protected]; 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: Morton Lee, Propulsion Engineer, 
Propulsion & Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7355; 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-8-400 series airplanes. The NPRM published in the Federal 
Register on April 9, 2014 (79 FR 19546).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2013-35, dated November 15, 2013 (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 series airplanes. The MCAI states:

    There have been incidents of the ``ENG FUEL PRESS'' caution 
light illuminating in-flight. An investigation revealed the engine 
fuel feed ejector pump swing arm assembly became detached from the 
outlet port of the engine fuel feed ejector pump and partially 
blocked the engine fuel feed line. If the failed swing arm assembly 
migrates along the fuel line downstream of the Fuel Tank AUX Pump 
junction, it could block the engine fuel flow and the affected 
engine may experience a flameout condition.
    Bombardier issued Service Bulletin (SB) 84-28-16 to introduce a 
restrictor into the engine fuel feed line that is designed to 
contain a detached ejector pump swing arm assembly.
    This [Canadian] AD mandates the installation of a restrictor 
into the engine fuel feed line to prevent possible engine flameout.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0191-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 19546, April 9, 2014) and the FAA's response to each comment.

Request To Require Compliance With Relevant Instructions in Service 
Information

    Horizon Air asked that we revise the NPRM (79 FR 19546, April 9, 
2014) to specify only those instructions required to correct the unsafe 
condition. Horizon Air explained that paragraph (g) of the NPRM is more 
restrictive than necessary to ensure safety of flight, and that the 
Accomplishment Instructions of Bombardier Service Bulletin 84-28-16, 
Revision B, dated June 17, 2013, should not be mandated in its 
entirety. Horizon Air stated that the job set-up and close-out sections 
of the Accomplishment Instructions do not directly correct the unsafe 
condition; incorporating those sections as a requirement of the AD 
restricts an operator's ability to perform other maintenance, in 
conjunction with incorporation of the instructions in the service 
information.
    We agree to refer only to the procedures that address the 
identified unsafe condition. We have revised paragraph (g) of this AD 
to refer paragraph 3.B., ``Procedure,'' of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-28-16, Revision B, dated 
June 17, 2013.

Request To Remove Repair Approval Language

    Horizon Air asked that we remove the ``Airworthy Product'' language 
in paragraph (i)(2) of the NPRM (79 FR 19546, April 9, 2014), which 
states, in part, ``For a repair method to be approved, the repair 
approval must specifically refer to this AD.'' Horizon Air stated that 
this sentence should not be included in the final rule, or at the very 
least it should be modified, because it will place an unnecessary 
regulatory burden on operators with airplanes built in Canada. Horizon 
Air added that Transport Canada Civil Aviation is the State holding 
design authority for Bombardier Model DHC-8-400 series airplanes; the 
NPRM simply restates the requirements of the TCCA AD. Horizon Air noted 
that any repairs created by Bombardier would have to be in compliance 
with the TCAA AD, and the repair would specifically refer to the TCCA 
AD. Horizon Air also stated that the bilateral agreement between Canada 
and the United States accepts documents approved by TCAA as meeting the 
requirements for FAA approval. Horizon Air does not see the need for 
referencing the U.S. AD number when the repair is approved by TCCA and 
refers to the Canadian AD; therefore, the repair meets the approval 
requirements from the State holding the Design Authority. Horizon Air 
concluded that if this requirement is retained, it would force 
operators to go back to the manufacturer and request a revision to the 
repair method to add the U.S. AD number, even if the repair method is 
referenced in the TCCA AD.
    We concur with the commenter's request to remove the requirement to 
refer to this AD in repair approvals. Since late 2006, we have included 
the paragraph titled ``Airworthy Product'' in all 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 (79 FR 19546, April 9, 2014), 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.
    In addition to Horizon Air's comments to the NPRM (79 FR 19546, 
April 9, 2014) about these proposed

[[Page 70440]]

changes, a comment was provided for an NPRM having 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 the 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 actions must be accomplished using a method approved 
by the FAA, TCCA, or Bombardier, Inc.'s TCCA Design Approval 
Organization (DAO).
    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 does not contain the DAO-authorized signature approval are not 
TCCA-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 
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 having 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 throughout this AD.

Conclusion

    We reviewed the relevant data, considered the comments received, 
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 changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 19546, April 9, 2014) for correcting the unsafe condition; 
and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 19546, April 9, 2014).
    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 81 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD.
    We also estimate that it takes about 12 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts cost about $0 per product. Based 
on these figures, we estimate the cost of this AD on U.S. operators to 
be $82,620, or $1,020 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 the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and

[[Page 70441]]

    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-2014-0191; 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):

2014-23-14 Bombardier, Inc.: Amendment 39-18030. Docket No. FAA-
2014-0191; Directorate Identifier 2013-NM-256-AD.

(a) Effective Date

    This AD becomes effective December 31, 2014.

(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 through 4417 inclusive, with installed engine fuel feed 
ejector pump having part number (P/N) 2960008-102.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of swing arm assemblies of 
engine fuel feed ejector pumps detaching from the outlet port of the 
engine fuel feed ejector pump and partially blocking the engine fuel 
feed line. We are issuing this AD to prevent blocked engine fuel 
flow and possible engine flameout.

(f) Compliance

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

(g) Installation

    Within 6,000 flight hours or 36 months, whichever occurs first, 
after the effective date of this AD, install a restrictor into the 
engine fuel feed line, in accordance with paragraph 3.B., 
``Procedure,'' of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-28-16, Revision B, dated June 17, 2013.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 84-28-16, dated 
July 16, 2012; or Bombardier Service Bulletin 84-28-16, Revision A, 
dated May 23, 2013; which are not incorporated by reference in this 
AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York 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, New York ACO, 
ANE-170, Engine and Propeller Directorate, FAA; or TCCA; or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If 
approved by the DAO, the approval must include the DAO-authorized 
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2013-35, dated November 
15, 2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0191-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses 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 84-28-16, Revision B, dated June 
17, 2013.
    (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 November 6, 2014.
Jeffrey E. Duven
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-27357 Filed 11-25-14; 8:45 am]
BILLING CODE 4910-13-P