[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6749-6752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02201]


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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; Amendment 
39-19825; AD 2020-02-10]
RIN 2120-AA64


Airworthiness Directives; De Havilland Aircraft of Canada Limited 
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain De Havilland Aircraft of Canada Limited Model DHC-8-400 series 
airplanes. This AD was prompted by a report of a quality escape in the 
manufacturing of advanced pneumatic detector (APD) switches, which 
consisted of the presence of contamination on the switch contact pin. 
This AD requires identification and testing, and reidentification or 
replacement if necessary, of affected APDs. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective March 12, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 12, 
2020.

ADDRESSES: For service information identified in this final rule, 
contact De Havilland Aircraft of Canada Limited, 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. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0702.

Examining the AD Docket

    You may examine the AD docket on the internet at https://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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems 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: 

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian AD CF-2019-13, dated April 4, 
2019 (``Canadian AD CF-2019-13'') (also referred to as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain De Havilland Aircraft of Canada Limited 
Model DHC-8-400, -401, and -402 airplanes. You may examine the MCAI in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0702.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain De Havilland 
Aircraft of Canada Limited Model DHC-8-400 series airplanes. The NPRM 
was published in the Federal Register on October 4, 2019 (84 FR 53070). 
The NPRM was prompted by a report of a quality escape in the 
manufacturing of APD switches, which consisted of the presence of 
contamination on the switch contact pin. The NPRM proposed to require 
identification and testing, and reidentification or replacement if 
necessary, of affected APDs. The FAA is issuing this AD to address such 
contamination that could insulate the contact pin from the diaphragm 
and result in an undetected fire or late detection of a fire. See the 
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Update Type Certificate (TC) Holder

    Bombardier Aviation reported that ownership of the affected 
airplanes was transferred to De Havilland Aircraft of Canada Limited. 
Bombardier requested that the FAA revise the NPRM to identify De 
Havilland as the U.S. TC holder.
    The FAA acknowledges the change of ownership identified by the 
commenter and has revised this final rule accordingly. The FAA also 
notes that any future revisions to the referenced service information, 
Bombardier Service Bulletin 84-26-19, Revision `A,' dated February 11, 
2019, will be issued by De Havilland Aircraft of Canada Limited.

Request To Limit Required Actions

    Horizon Air requested that the FAA revise the proposed AD to limit 
the required actions to those specified in paragraph 3.B., 
``Procedure,'' of Bombardier Service Bulletin 84-26-19, Revision `A,' 
dated February 11, 2019. Horizon noted that the proposed AD would 
require ``the Accomplishment Instructions'' of the service information, 
which also includes paragraph 3.A., ``Job Set-Up,'' and paragraph 3.C., 
``Close Out.'' Horizon Air stated that those sections do not directly 
correct the unsafe condition.
    The FAA agrees with the commenter's request and has revised 
paragraph (h) of this AD accordingly.

Request To Remove Requirement To Return Failed APDs

    Horizon Air requested that the FAA remove paragraph (i) of the 
proposed AD (``Return of Failed APDs''). Horizon Air alleged that this 
requirement would place an unnecessary cost and regulatory burden on 
operators who must create, track, and maintain records to demonstrate 
compliance with the required return criteria. Horizon Air added that 
return of any failed loop (APD) could be done via operators' field 
service/product support network with Kidde Aerospace and Defense (part 
of United Technologies Aerospace Systems (UTAS)). Horizon further 
asserted that

[[Page 6750]]

the FAA did not justify the proposed requirement to return failed APDs 
to Kidde Aerospace and Defense or explain how this would improve the 
level of safety.
    The FAA does not agree that the requirement to return failed APDs 
to Kidde Aerospace and Defense places an unnecessary cost and 
regulatory burden on operators. Bombardier Service Bulletin 84-26-19, 
Revision `A,' dated February 11, 2019, refers to Kidde Aerospace and 
Defense Service Bulletin 10-1096-26-511, Paragraph 3.3.F, which 
specifies returning the part with a Return Authorization form to Kidde 
Aerospace and Defense so that operators can receive a free-of-charge 
replacement. The cost of an APD varies from $6,300 to $9,300, depending 
on the type. With seven APDs on the aircraft, it is actually a cost 
benefit to return failed APDs to obtain replacements free of charge. In 
addition, when an unsafe condition involves an escape in a 
manufacturer's quality control (QC) system, returning failed parts or 
reporting certain findings can be instrumental in determining the 
extent and nature of the QC problem, especially in cases where the data 
may not be available through other established means. The information 
collected from the return of the failed APDs is necessary to ensure 
that proper corrective action will be taken. The FAA has not changed 
this AD regarding this issue.

Additional Change to Proposed AD

    Paragraph (j) of the proposed AD (``Parts Installation 
Limitation'') would allow installation of an affected APD if it is 
successfully tested and reidentified in accordance with Bombardier 
Service Bulletin 84-26-19, Revision `A,' dated February 11, 2019. We 
have revised paragraph (j) in this AD to also allow installation of an 
affected APD that is tested and reidentified in accordance with 
Bombardier Service Bulletin 84-26-19, dated October 24, 2018.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Bombardier 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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
             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 these 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     Up to $51,076..  Up to $61,616.
 per hour = Up 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, except the FAA estimates that it
  would take about 1 work-hour per product to comply with the associated
  paperwork necessary for the return of parts.

    According to the manufacturer, some or all of the costs of this 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 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 AD is 2120-
0056. The paperwork cost associated with this AD 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 AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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.

[[Page 6751]]

    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 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

    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) 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.

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):

2020-02-10 De Havilland Aircraft of Canada Limited (Type Certificate 
Previously Held by Bombardier, Inc.): Amendment 39-19825; Docket No. 
FAA-2019-0702; Product Identifier 2019-NM-118-AD.

(a) Effective Date

    This AD is effective March 12, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type 
Certificate Previously Held by 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, which 
consisted of 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 an 
undetected fire 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 Aerospace and Defense (part of United Technologies Aerospace 
Systems (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 
paragraph 3.B., ``Procedure,'' of 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 
Aerospace and Defense that has been successfully tested and 
reidentified.

(i) Returning and Reporting 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, dated October 24, 2018; or 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.

(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

[[Page 6752]]

be accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De 
Havilland Aircraft of Canada Limited'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 as 
required by this AD; the nature and extent of confidentiality to be 
provided, if any. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2019-13, dated April 4, 
2019, for related information. This MCAI may be found in the AD 
docket on the internet at https://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 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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (4) of this AD.

(n) 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 84-26-19, Revision `A,' dated 
February 11, 2019.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De 
Havilland Aircraft of Canada Limited, 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.
    (4) 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.
    (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, email fedreg.legal@nara.gov, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 16, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-02201 Filed 2-5-20; 8:45 am]
 BILLING CODE 4910-13-P


