Transport Canada Civil Aviation (TCCA), which is the airworthiness authority for Canada, notified the FAA that an unsafe condition may exist on certain Bombardier Model DHC-8-400 series airplanes. TCCA advises that it has received three reports of the electrical connectors for the fire extinguisher bottles in the forward and aft baggage compartments being cross connected. Investigation has revealed that similar conditions could exist in the fire extinguisher bottles for the auxiliary power unit (APU) and engine nacelles. Cross connection of the fire extinguisher bottles, if not corrected, could result in failure of the fire bottles to discharge and consequent inability to extinguish a fire in the affected areas.
Relevant Service Information
Bombardier has issued Alert Service Bulletin A84-26-06, dated May 12, 2005. The service bulletin describes procedures for inspecting the electrical connectors of the fire extinguisher bottles for the forward and aft baggage compartments and for the APU and engine nacelles to determine if they are connected correctly; and doing related investigative and corrective actions if necessary. For certain fire extinguisher bottles, the related investigative action includes inspecting the connector pins for damage if the electrical connectors have been cross connected. The corrective actions include replacing any damaged electrical connectors with new electrical connectors and correcting any incorrect electrical connections, if necessary. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. TCCA mandated the service bulletin and issued Canadian airworthiness directive CF-2005-14, dated May 16, 2005, to ensure the continued airworthiness of these airplanes in Canada.
FAA's Determination and Requirements of This AD
This airplane model is manufactured in Canada and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the TCCA has kept the FAA informed of the situation described above. We have examined the TCCA's findings, evaluated all pertinent information, and determined that we need to issue an AD for products of this type design that are certificated for operation in the United States.
Therefore, we are issuing this AD to detect and correct cross connection of the fire extinguisher bottles, which could result in failure of the fire bottles to discharge and consequent inability to extinguish a fire in the affected areas. This AD requires accomplishing the actions specified in the service information described previously, except as discussed under "Difference Between the AD, Canadian Airworthiness Directive, and Service Bulletin."
Difference Between the AD, Canadian Airworthiness Directive, and Service Bulletin
Operators should note that, although Canadian airworthiness directive CF-2005-14 and the Accomplishment Instructions of the referenced service bulletin describe procedures for submitting inspection results to the airplane manufacturer, this AD does not require that action. We do not need this information from operators.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of this AD; therefore, providing notice and opportunity for public comment before the AD is issued is impracticable, and good cause exists to make this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include "Docket No. FAA-2005-21469; Directorate Identifier 2005-NM-124-AD" at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments.
We will post all comments we receive, without change, to http://dms.dot.gov , including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.
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 have 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 the regulation:
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); 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.
We prepared a regulatory evaluation of the estimated costs to comply with this AD. See the ADDRESSES section for a location to examine the regulatory evaluation.
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):