[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36710-36713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15612]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0524; Directorate Identifier 2014-NM-042-AD; 
Amendment 39-18189; AD 2015-13-02]
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 corrosion in the low-rate discharge tubes of the fire 
protection system leading to the forward baggage compartment, and 
perforation of one or more tubes. This AD requires repetitive checks 
for leakage of the discharge tubes of the fire protection system. This 
AD also mandates eventual replacement of all existing aluminum tube 
assemblies with new, improved corrosion-resistant stainless steel tube 
assemblies. We are issuing this AD to prevent perforation of the low-
rate discharge tubes, which could result in insufficient fire 
extinguishing agent reaching the forward baggage compartment in the 
event of a fire, which could result in damage to the airplane and 
injury to the occupants.

DATES: This AD becomes effective July 31, 2015
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 31, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0524 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0524.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
NY 11590; telephone 516-228-7303; 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 August 13, 2014 (79 FR 47384).
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-06, dated January 21, 2014 (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:

    Corrosion has been reported in the fire protection system low 
rate discharge tubes leading to the forward baggage compartment. In 
some cases, this has led to perforation of one or more tubes.
    Perforation of forward baggage compartment fire protection 
system tubes may result in decreased effectiveness of the fire 
protection system in the event of a fire in the forward baggage 
compartment.
    This [Canadian] AD mandates a repetitive integrity check of the 
forward baggage compartment fire protection system tube assemblies, 
and the replacement of aluminum forward baggage compartment fire 
protection tube assemblies with corrosion resistant stainless steel 
(CRES) tubes.

    The unsafe condition is perforation of the low-rate discharge 
tubes, which could result in insufficient fire extinguishing agent 
reaching the forward baggage compartment and reduce the capability of 
the fire protection system to extinguish fires, possibly resulting in 
damage to the

[[Page 36711]]

airplane and injury to occupants. You may examine the MCAI in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0524-0004.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM (79 
FR 47384, August 13, 2014) and the FAA's response to each comment.

Request To Remove Certain Service Information Procedures

    Horizon Air requested that the language in paragraph (g) of the 
NPRM (79 FR 47384, August 13, 2014) be changed to specify only required 
actions. Instead of mandating the entire Accomplishment Instructions of 
Bombardier Service Bulletin 84-26-15, Revision A, dated January 15, 
2014, Horizon Air recommended mandating only the actions necessary to 
correct the identified unsafe condition. Horizon Air stated that the 
Accomplishment Instructions, Part A, ``Job Set-up,'' and Part C, 
``Close Out,'' have nothing to do with correcting the unsafe condition. 
Horizon Air reasoned that mandating operators to perform these actions 
restricts operators' ability to perform other maintenance in 
conjunction with incorporation of the required actions specified in 
this AD.
    We agree with the commenter's request to exclude the ``Job Set-up'' 
and ``Close Out'' sections of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-26-15, Revision A, dated January 15, 
2014, from this AD. We have revised the introductory text of paragraphs 
(g) and (h) of this AD for clarification because there are two sections 
in the service information which contain paragraph 3.B. ``Procedure.'' 
Accomplishment of the actions specified in paragraph 3.B., 
``Procedure,'' of Parts A and B, as applicable, of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-26-15, Revision A, dated 
January 15, 2014, is required by this AD.

Second Alternative for Failed Integrity Check

    Horizon Air also asked that a second alternative for a failed 
integrity check be included in paragraph (i) of the NPRM (79 FR 47384, 
August 13, 2014). Horizon Air stated that, as an alternative to 
replacing all tubes by incorporating Bombardier Service Bulletin 84-26-
15, Revision A, dated January 15, 2014, operators should be allowed the 
option to replace only the leaking tubes using Bombardier Service 
Bulletin 84-26-15, dated January 7, 2013. Horizon Air noted that it 
would then repeat the integrity check required by the paragraph (g) of 
the proposed AD. Horizon Air stated that disabling the forward baggage 
compartment is not a viable option in its operation.
    We agree with the commenter. As an additional option for a failed 
integrity check, operators may replace only the leaking tubes and 
return the airplane to service if no additional leakage is found. We 
have added a new paragraph (i)(2) to this AD to include this option in 
lieu of disabling the forward baggage compartment. We have also re-
designated paragraphs (i)(1), (i)(2), and (i)(3) of the proposed AD to 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD.

Request to Remove or Change Exception to Service Information

    All Nippon Airways requested that the exception to the electrical 
bonding resistance check specified in paragraph (j) of the proposed AD 
(79 FR 47384, August 13, 2014), be either removed or clarified. All 
Nippon Airways stated that, if the electrical bonding resistance check 
of the high rate discharge bottle was deleted from the referenced 
service information, it should also be removed from the NPRM. If the 
FAA disagrees, All Nippon Airways asked that we clarify the language in 
paragraph (j) of the proposed AD.
    We agree that the electrical bonding resistance check of the high 
rate discharge bottle was removed from Bombardier Service Bulletin 84-
26-15, Revision A, dated January 15, 2014. The electrical bonding 
resistance check was identified in Bombardier Service Bulletin 84-26-
15, dated June 7, 2013, and was subsequently included in the exception 
identified in the NPRM (79 FR 47384, August 13, 2014). Therefore, we 
have removed paragraph (j) of the proposed AD from this final rule and 
re-designated subsequent paragraphs accordingly. Instead, we have 
included that exception in the Credit for Previous Actions specified in 
paragraph (j) of this AD (identified as paragraph (k) of the proposed 
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 minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 47384, August 13, 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 47384, August 13, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc. has issued Service Bulletin 84-26-15, Revision A, 
dated January 15, 2014. The service information describes procedures 
for repetitive checks for leakage of the discharge tubes of the fire 
protection system. The service information also mandates eventual 
replacement of all existing aluminum tube assemblies with new, improved 
corrosion-resistant stainless steel tube assemblies. This service 
information is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section of this AD.

Costs of Compliance

    We estimate that this AD affects 82 airplanes of U.S. registry.
    We also estimate that it would take about 42 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 $7,852 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $936,604, or $11,422 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.

[[Page 36712]]

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-2014-0524-0004; 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):

2015-13-02 Bombardier, Inc.: Amendment 39-18189. Docket No. FAA-
2014-0524; Directorate Identifier 2014-NM-042-AD.

(a) Effective Date

    This AD becomes effective July 31, 2015.

(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 
through 4424 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of corrosion in the low-rate 
discharge tubes of the fire protection system leading to the forward 
baggage compartment, and perforation of one or more tubes. We are 
issuing this AD to prevent perforation of the low-rate discharge 
tubes, which could result in insufficient fire extinguishing agent 
reaching the forward baggage compartment in the event of a fire, 
which could result in damage to the airplane and injury to the 
occupants.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD, perform an inspection (integrity check) for leakage of 
the fire protection tube assemblies of the forward baggage 
compartment, in accordance with paragraph 3.B., ``Procedure,'' of 
Part A of the Accomplishment Instructions of Bombardier Service 
Bulletin 84-26-15, Revision A, dated January 15, 2014. If no leakage 
is found, repeat the inspection at intervals not to exceed 2,000 
flight hours or 12 months, whichever occurs first. If any leakage is 
found, before further flight, do the terminating action required by 
paragraph (h) of this AD, except as provided by paragraph (i) of 
this AD.
    (1) For airplanes that have accumulated 10,000 total flight 
hours or more, or have been in service for 60 months or more as of 
the effective date of this AD: Within 2,000 flight hours or 12 
months after the effective date of this AD, whichever occurs first.
    (2) For airplanes that have accumulated less than 10,000 total 
flight hours, and have been in service for less than 60 months, as 
of the effective date of this AD: Before the accumulation of 12,000 
total flight hours or 72 months in service, whichever occurs first.

(h) Terminating Action for Repetitive Inspections

    At the applicable time specified in paragraph (h)(1) or (h)(2) 
of this AD: Replace all existing aluminum tube assemblies of the 
forward baggage compartment with new, improved corrosion-resistant 
stainless steel tube assemblies, in accordance with paragraph 3.B., 
``Procedure,'' of Part B of the Accomplishment Instructions of 
Bombardier Service Bulletin 84-26-15, Revision A, dated January 15, 
2014. Accomplishing this replacement terminates the repetitive 
inspections required by paragraph (g) of this AD.
    (1) For airplanes that have accumulated 12,000 total flight 
hours or more, or have been in service for 72 months or more, as of 
the effective date of this AD: Within 6,000 flight hours or 36 
months after the effective date of this AD, whichever occurs first.
    (2) For airplanes that have accumulated less than 12,000 total 
flight hours, and have been in service for less than 72 months, as 
of the effective date of this AD: Before the accumulation of 18,000 
total flight hours or 108 months in service, whichever occurs first.

(i) Alternatives to Replacement for Failed Integrity Check

    (1) As an alternative to the immediate tube assembly replacement 
following any failed inspection (integrity check) required by 
paragraph (g) of this AD, the airplane may be returned to service 
for a maximum of 10 days, provided the conditions specified in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD are 
met.
    (i) The forward baggage compartment is empty. For ballast 
purposes, the use of bags (made of glass fiber or Kevlar) of sand or 
ingots of non-magnetic metals (such as lead) are acceptable.
    (ii) The flight compartment and forward baggage compartment are 
placarded to indicate the forward baggage compartment is 
inoperative.
    (iii) An appropriate entry in the aircraft maintenance log is 
made.
    (2) As an alternative to the immediate tube assembly replacement 
following any failed inspection (integrity check) required by 
paragraph (g) of this AD, the airplane may be returned to service 
for a maximum of 10 days provided no additional leakage is found. 
Any tubes found with a leak are to be replaced before further 
flight, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-26-15, dated January 7, 2013.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, as applicable, if those actions 
were performed before the effective date of this AD using Bombardier 
Service Bulletin 84-26-15, dated June 7, 2013, which is not 
incorporated by reference in this AD. The electrical bonding 
resistance check of the high rate discharge bottle specified in 
Bombardier Service Bulletin 84-26-15, dated June 7, 2013, is not 
required.

(k) 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 New York 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

[[Page 36713]]

516-794-553. 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 Transport Canada 
Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval 
Organization (DAO). If approved by the DAO, the approval must 
include the DAO-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2014-06, dated January 
21, 2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0524-0004.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 84-26-15, Revision A, dated 
January 15, 2014.
    (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 17, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-15612 Filed 6-25-15; 8:45 am]
 BILLING CODE 4910-13-P