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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 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. 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 airplane and injury to occupants. You may examine the MCAI
in the AD docket on the Internet at http://www.regulations.gov/#!document
Detail;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.
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
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 airworthiness
directive (AD):
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