DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0298; Directorate Identifier 2012-NM-175-AD;
Amendment 39-17522; AD 2013-15-06]
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, -106, -201, -202, -301, -311,
and --315 airplanes. This AD was prompted by reports of dual
alternating current (AC) generator failure during flight. The failure
was attributed to wire chafing along the wing lower flap shroud. This
AD requires revising the maintenance program to incorporate certain
tasks for the electrical wiring interconnection system inspection
program. We are issuing this AD to prevent failure of both AC
generators due to wire chafing, which could result in loss of power to
the anti-icing heaters for the elevator horn, engine inlet, and
propeller, and consequent ice accumulation in these areas, which could
adversely affect the controllability of the airplane.
DATES: This AD becomes effective October 20, 2014.
ADDRESSES: You may examine the AD docket on the Internet at
http://www.regulations.gov/#!docketDetail;D=FAA-2013-0298; 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 referenced 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@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: Assata Dessaline, Aerospace Engineer,
Avionics and Services Branch, ANE-172, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516-228-7301; 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, -106, -201, -202, -301, -311, and -315
airplanes. The NPRM published in the Federal Register on April 11, 2013
(78 FR 21573). The NPRM was prompted by reports of dual alternating
current (AC) generator failure during flight. The NPRM proposed to
require revising the maintenance program to incorporate certain tasks
for the electrical wiring interconnection system inspection program. We
are issuing this AD to prevent failure of both AC generators due to
wire chafing, which could result in loss of power to the anti-icing
heaters for the elevator horn, engine inlet, and propeller, and
consequent ice accumulation in these areas, which could adversely
affect the controllability of the airplane.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2012-25, dated August 28, 2012 (referred to after this as the Mandatory
Continuing Airworthiness Information, or "the MCAI''), to correct an
unsafe condition for certain Bombardier, Inc. Model DHC-8-102, -103, -
106, -201, -202, -301, -311, and -315 airplanes. The MCAI states:
There have been several reported occurrences of dual
[alternating current] AC Generator failure during flight, resulting
in the loss of the variable frequency AC System.
Investigations revealed wire chafing along the wing lower flap
shroud due to sagging wiring harnesses resting on the support
structure, missing teflon tape at the fairlead locations, and
missing grommets. Chafed wires may lead to arcing, local
overheating, and AC generator failure. The AC generators provide
power to the anti-icing heaters, including elevator horn heater,
engine inlet heater and propeller heater. Failure of both AC
generators would result in the loss of these systems and poses a
safety concern.
This [Canadian] AD mandates the inspection and rectification of
the wiring harness installations along the centre wing lower flap
shroud.
Required actions include revising the maintenance program by
incorporating electrical wiring interconnection system inspection
program tasks.
You may examine the MCAI in the AD docket on the Internet at
http://www.regulations.gov/#!documentDetail;D=FAA-2013-0298-0002.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received. The Air Line Pilots
Association, International stated that it supports the NPRM (78 FR
21573, April 11, 2013).
"Contacting the Manufacturer'' Paragraph in This AD
Since late 2006, we have included a standard paragraph titled
"Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
We have become 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, Transport Canada Civil Aviation (TCCA), or Bombardier,
Inc.'s TCCA Design Organization Approval (DOA).
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 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.
We also have decided not to include a generic reference to either
the "delegated agent'' or "design approval holder (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.
Explanation of Changes to This AD
Paragraph (g) of this AD was revised to state that incorporation of
tasks into the maintenance or inspection program, as applicable, must
be done in accordance with a method approved by the Manager, New York
Aircraft Certification Office (ACO), ANE-170, FAA; or Transport Canada
Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA DAO. The service
information previously referenced in paragraph (g) of the NPRM (78 FR
21573, April 11, 2013) is now referenced as guidance material in Notes
1, 2, and 3 to paragraph (g) of this AD.
Conclusion
We reviewed the relevant data, considered the comment 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 (78 FR 21573, April 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 21573, April 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 89 airplanes of U.S. registry.
We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $7,565, or $85 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
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/#!docketDetail;D=FAA-2013-0298; 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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
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