[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Proposed Rules]
[Pages 53070-53073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21352]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0702; Product Identifier 2019-NM-118-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model DHC-8-400 series airplanes. This 
proposed AD was prompted by a report of a quality escape in the 
manufacturing of the advanced pneumatic detector (APD) switches, and 
the presence of contamination on the switch contact pin. This proposed 
AD would require identification and testing, and reidentification or 
replacement if necessary, of affected APDs. The FAA is proposing this 
AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
18, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact De 
Havilland Aircraft of Canada Ltd., Q-Series Technical Help Desk, 123 
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-
4000; fax 416-375-4539; email thd@dehavilland.com; internet: https://dehavilland.com. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195.

[[Page 53071]]

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0702; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Services Section, FAA, New York ACO 
Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 
516-228-7347; fax 516-794-5531; email 9-avs-nyaco-cos@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0702; 
Product Identifier 2019-NM-118-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM because of those comments.
    The FAA will post all comments, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact the agency receives about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-13, dated April 4, 
2019 (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, -401, and -402 airplanes. 
You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0702.
    This proposed AD was prompted by a report of a quality escape in 
the manufacturing of advanced pneumatic detector (APD) switches, and 
the presence of contamination on the switch contact pin. The FAA is 
proposing this AD to address such contamination that could insulate the 
contact pin from the diaphragm and result in undetected or late 
detection of a fire. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-26-19, Revision `A,' 
dated February 11, 2019. This service information describes procedures 
for identification and testing, and reidentification or replacement if 
necessary, of affected APDs.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously. This proposed AD would 
also require returning failed APDs to the manufacturer.

Costs of Compliance

    The FAA estimates that this proposed AD affects 65 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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            Labor cost                Parts cost          Cost per  product           Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour              $0  Up to $850...................  Up to $55,250.
 = Up to $850.
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    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the number of 
aircraft that might need this on-condition actions:

                                    Estimated Costs of On-Condition Actions *
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               Labor cost                             Parts cost                       Cost per  product
----------------------------------------------------------------------------------------------------------------
Up to 124 work-hours x $85 per hour = Up  Up to $51,076.....................  Up to $61,616.
 to $10,540.
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* The FAA has received no definitive data to provide cost estimates for the on-condition return of parts.

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, The FAA has included 
all known costs in the cost estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a

[[Page 53072]]

collection of information subject to the requirements of the Paperwork 
Reduction Act unless that collection of information displays a current 
valid OMB control number. The control number for the collection of 
information required by this NPRM is 2120-0056. The paperwork cost 
associated with this NPRM has been detailed in the Costs of Compliance 
section of this document and includes time for reviewing instructions, 
as well as completing and reviewing the collection of information. 
Therefore, all reporting associated with this NPRM is mandatory. 
Comments concerning the accuracy of this burden and suggestions for 
reducing the burden should be directed to the FAA at 800 Independence 
Ave. SW, Washington, DC 20591, ATTN: Information Collection Clearance 
Officer, AES-200.

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.
    The FAA is 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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Bombardier, Inc.: Docket No. FAA-2019-0702; Product Identifier 2019-
NM-118-AD.

(a) Comments Due Date

    The FAA must receive comments by November 18, 2019.

(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 and subsequent.

(d) Subject

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

(e) Reason

    This AD was prompted by a report of a quality escape in the 
manufacturing of advanced pneumatic detector (APD) switches, and the 
presence of contamination on the switch contact pin. The FAA is 
issuing this AD to address such contamination that could insulate 
the contact pin from the diaphragm and result in undetected or late 
detection of a fire.

(f) Compliance

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

(g) Affected APDs

    For purposes of this AD, an affected APD is manufactured by 
Kidde (UTAS) and has a part number and serial number identified in 
paragraphs (g)(1) through (10) of this AD.
    (1) Part number 10-1096 (all serial numbers).
    (2) Part number 10-1096-01 (all serial numbers).
    (3) Part number 10-1096-02 (serial numbers before AEM9907).
    (4) Part number 10-1097 (all serial numbers).
    (5) Part number 10-1097-01 (all serial numbers).
    (6) Part number 10-1097-02 (serial numbers before 17-0005).
    (7) Part number 10-1098 (all serial numbers).
    (8) Part number 10-1098-01 (serial numbers before 17-0110).
    (9) Part number 10-1099 (all serial numbers).
    (10) Part number 10-1099-01 (serial numbers before 17-0009).

(h) APD Identification and Test

    Within 8,000 flight hours or 48 months, whichever occurs first 
after the effective date of this AD: Do the applicable actions 
specified in paragraph (h)(1) and (2) of this AD, in accordance with 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
26-19, Revision `A,' dated February 11, 2019.
    (1) Determine whether any affected APD is installed on the 
engine nacelles or auxiliary power unit (APU) compartment.
    (2) Do the on-aircraft test of all affected APDs.
    (i) For any APD that passes the test: Before further flight, 
reidentify the APD.
    (ii) For any APD that fails the test, before further flight, 
replace the APD with an unaffected APD, or one provided by Kidde 
that has been successfully tested and reidentified.

(i) Return of Failed APDs

    For any APD that fails the test specified in paragraph (h)(2) of 
this AD: Return the APD at the applicable time specified in 
paragraph (i)(1) or (2) of this AD to Kidde Aerospace & Defense, 
4200 Airport Dr NW, Building B, Wilson, NC 27896-8630, Attention 
Keith Fail, Supervisor, Service Center.
    (1) If the test was done on or after the effective date of this 
AD: Send the APD within 30 days after completion of the test.
    (2) If the test was done before the effective date of this AD: 
Send the APD within 30 days after the effective date of this AD.

(j) Parts Installation Limitation

    As of the effective date of this AD, no person may install an 
affected APD, unless the APD has been successfully tested and 
reidentified in accordance with Bombardier Service Bulletin 84-26-
19, Revision `A,' dated February 11, 2019.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(h) of this AD, if those actions were performed before the effective 
date of this AD using Bombardier Service Bulletin 84-26-19, dated 
October 24, 2018.

[[Page 53073]]

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 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.
    (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 
Branch, 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.
    (3) Reporting Requirements: A federal agency may not conduct or 
sponsor, and a person is not required to respond to, nor shall a 
person be subject to a penalty for failure to comply with a 
collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
completing and reviewing the collection of information. All 
responses to this collection of information are mandatory. Comments 
concerning the accuracy of this burden and suggestions for reducing 
the burden should be directed to the FAA at: 800 Independence Ave. 
SW, Washington, DC 20591, Attn: Information Collection Clearance 
Officer, AES-200.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian AD CF-2019-13, dated April 4, 2019, for related 
information. This MCAI may be found in the AD docket on the internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2019-0702.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Services 
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7347; fax 516-794-5531; email 
9-avs-nyaco-cos@faa.gov.
    (3) For service information identified in this AD, contact De 
Havilland Aircraft of Canada Ltd., Q-Series Technical Help Desk, 123 
Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-
375-4000; fax 416-375-4539; email thd@dehavilland.com; internet: 
https://dehavilland.com. You may view this service information at 
the FAA, Transport Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on September 24, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-21352 Filed 10-3-19; 8:45 am]
BILLING CODE 4910-13-P


