[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Rules and Regulations]
[Pages 10664-10666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4652]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0609; Directorate Identifier 2009-NM-037-AD; 
Amendment 39-16222; AD 2010-05-12]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103, 
DHC-8-106, DHC-8-201, and DHC-8-202 Series 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 the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During a puncture voltage test of the aluminum-loaded paint on 
an in-service DHC-8 aircraft, conducted to validate an SFAR 88 
[Special Federal Aviation Regulation No. 88] related task, 
Bombardier Aerospace (BA) discovered that the top wing fuel tank 
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized 
enamel coating * * *.
    With this type of paint application, it is possible that, in the 
worst case scenario, a lightning strike could puncture the wing skin 
and create an ignition source in the fuel tank.

Ignition sources inside fuel tanks, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective April 13, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 13, 
2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kyle Williams, Aerospace Engineer, 
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7347; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 6, 2009 (74 FR 
31891). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During a puncture voltage test of the aluminum-loaded paint on 
an in-service DHC-8 aircraft, conducted to validate an SFAR 88 
[Special Federal Aviation Regulation No. 88] related task, 
Bombardier Aerospace (BA) discovered that the top wing fuel tank 
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized 
enamel coating due to a misinterpretation of the painting 
instructions in the Structural Repair Manual (SRM).
    With this type of paint application, it is possible that, in the 
worst case scenario, a lightning strike could puncture the wing skin 
and create an ignition source in the fuel tank.

Ignition sources inside fuel tanks, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane. Required actions include performing a functional check of the 
dielectric properties of the fuel tank skin for aluminum-loaded primer 
and aluminum-loaded enamel coating. For airplanes on which the 
aluminum-loaded primer and aluminum-loaded enamel coating have been 
properly applied, the required actions include restoring the protective 
finish on the areas where the surface finish was removed. For airplanes 
on which the aluminum-loaded primer and aluminum-loaded enamel coating 
have not been applied or have not been properly applied, the required 
actions include stripping the affected wing skin surfaces to bare metal 
and applying alodine coating to those areas, performing a detailed 
visual inspection of the stripped areas for any sign of corrosion or 
deterioration of the protective alodine coating and re-applying the 
protective alodine coating, and painting the affected wing skin 
surfaces with aluminum-loaded primer and aluminum-loaded enamel 
coating. You may obtain further information by examining the MCAI in 
the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received.

Request To Extend Compliance Time

    Mesa Airlines asks that the compliance time in the NPRM be extended 
to correspond with certain compliance times specified in related AD 
2008-13-09, Amendment 39-15572 (73 FR 47029, August 13, 2008), which 
requires revising the Airworthiness Limitations Section (ALS) of the 
Instructions for Continued Airworthiness to incorporate certain fuel 
system limitations.
    Mesa Airlines states that the compliance time for fuel systems 
limitations (FSL) Task FSL-07 (a functional check of the aluminum 
loaded primer and enamel on the wing skin) is 18,000 flight hours or 
108 months, with a repetitive interval not to exceed 18,000 flight 
hours. Mesa Airlines notes that AD 2008-13-09 set the initial 
inspections for that task at 6,000 flight hours or 36 months, with a 
repetitive interval not to exceed 18,000 flight hours, which 
corresponds with its heavy maintenance checks. Mesa Airlines adds that 
the NPRM makes no mention of the related AD or compliance times in that 
AD, and the compliance time specified in the NPRM is within 18 months 
after the effective date of the AD.
    Mesa Airlines states that the proposed compliance time constraint 
will require it to do massive rescheduling to move its current 
inspections forward approximately 254 days, and adds that this will 
cause an undue burden. Mesa Airlines adds that the NPRM is to be 
accomplished in accordance with Bombardier Service Bulletin 8-57-46, 
Revision A, dated February 6, 2009, which states that it contains a 
procedure that is a fuel tank safety-critical item and is classified as 
a Critical Design Configuration Control Limitations (CDCCL); that CDCCL 
is FSL-07, which was added by AD 2008-13-09.
    We do not agree that the compliance time should be extended. AD 
2008-13-09 was issued to mandate the FSL tasks identified as part of 
the fuel system safety assessment. Task FSL-07 was identified as 
necessary to ensure that the aluminum-loaded primer and enamel is 
protecting the fuel tank skin from burn-through during lightning

[[Page 10665]]

strikes. Since no in-service deterioration or non-compliance of the 
coating was identified at that time, an appropriate compliance time and 
phase-in schedule was mandated to align the FSL task with major 
maintenance checks. Further investigation revealed that unclear 
instructions and misinterpretation of the structural repair manual led 
to a newly painted airplane having coating that was lacking in aluminum 
powder and thus failed to meet the requirement of Task FSL-07. In light 
of this, Transport Canada Civil Aviation (TCCA) determined that the 
compliance time for correcting this unsafe condition should be reduced 
and issued Canadian AD CF-2009-05 (referred to in the `Related 
Information' section of the NPRM) as a result. In addition, comparison 
of the calendar-based compliance time in AD 2008-13-09 and the NPRM 
show that higher-time airplanes will need to perform the functional 
test of the dielectric properties five-and-a-half months earlier versus 
the 254 days asserted by Mesa Airlines. Therefore, this AD requires 
accomplishing Task FSL-07 at an earlier compliance time than the 
compliance time required by AD 2008-13-09. We have made no change to 
the AD in this regard.
    We have added a new paragraph (f)(6) to this AD to give credit for 
accomplishing the corresponding actions in AD 2008-13-09, which meets 
the compliance requirements specified in this AD.

Explanation of Change Made to This AD

    We have revised the ``Alternative Methods of Compliance (AMOCs)'' 
paragraph in this AD to clarify the point of contact as the Program 
Manager, Continuing Operational Safety, New York Aircraft Certification 
Office.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We also determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 22 products of U.S. registry. 
We also estimate that it will take about 24 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $42,240, or $1,920 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 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); 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 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; 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 the NPRM, 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. Comments will be available in the AD docket shortly 
after receipt.

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 AD:

2010-05-12 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-16222. Docket No. FAA-2009-0609; Directorate Identifier 2009-NM-
037-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 
13, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, DHC-8-103, 
DHC-8-106, DHC-8-201, and DHC-8-202 series airplanes; certificated 
in any category; serial numbers 003 through 663 inclusive.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    During a puncture voltage test of the aluminum-loaded paint on 
an in-service DHC-8 aircraft, conducted to validate an SFAR 88 
[Special Federal Aviation Regulation No. 88] related task, 
Bombardier Aerospace (BA) discovered that the top wing

[[Page 10666]]

fuel tank skin between Yw171.20 and Yw261.00 was painted with a non-
aluminized enamel coating due to a misinterpretation of the painting 
instructions in the Structural Repair Manual (SRM).
    With this type of paint application, it is possible that, in the 
worst case scenario, a lightning strike could puncture the wing skin 
and create an ignition source in the fuel tank.

Ignition sources inside fuel tanks, in combination with flammable 
fuel vapors, could result in fuel tank explosions and consequent 
loss of the airplane. Required actions include performing a 
functional check of the dielectric properties of the fuel tank skin 
for aluminum-loaded primer and aluminum-loaded enamel coating. For 
airplanes on which the aluminum-loaded primer and aluminum-loaded 
enamel coating have been properly applied, the required actions 
include restoring the protective finish on the areas where the 
surface finish was removed. For airplanes on which the aluminum-
loaded primer and aluminum-loaded enamel coating have not been 
applied or have not been properly applied, the required actions 
include stripping the affected wing skin surfaces to bare metal and 
applying alodine coating to those areas, performing a detailed 
visual inspection of the stripped areas for any sign of corrosion or 
deterioration of the protective alodine coating and re-applying the 
protective alodine coating, and painting the affected wing skin 
surfaces with aluminum-loaded primer and aluminum-loaded enamel 
coating.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For airplanes on which Bombardier Modification 8/0024 has 
not been done: Within 18 months after the effective date of this AD, 
perform a functional check of the dielectric properties of the fuel 
tank skin between Yw171.20 and Yw261.00 of the upper and lower wing 
for aluminum-loaded primer and aluminum-loaded enamel coating, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-57-46, Revision A, dated February 6, 2009.
    (2) For airplanes on which Bombardier Modification 8/0024 has 
been done: Within 18 months after the effective date of this AD, 
perform a functional check of the dielectric properties of the fuel 
tank skin between Yw171.20 and Yw261.00 of the upper wing for 
aluminum-loaded primer and aluminum-loaded enamel coating, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-57-46, Revision A, dated February 6, 2009.
    (3) If the functional check required by paragraph (f)(1) or 
(f)(2) of this AD indicates that the aluminum-loaded primer and 
aluminum-loaded enamel coating have been properly applied, as 
defined in the Accomplishment Instructions of Bombardier Service 
Bulletin 8-57-46, Revision A, dated February 6, 2009: Before further 
flight, restore the protective finish on the areas where the surface 
finish was removed for the functional check, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-57-46, 
Revision A, dated February 6, 2009.
    (4) If the functional check required by paragraph (f)(1) or 
(f)(2) of this AD indicates that the aluminum-loaded primer and 
aluminum-loaded enamel coating have not been applied or have not 
been properly applied, as defined in the Accomplishment Instructions 
of Bombardier Service Bulletin 8-57-46, Revision A, dated February 
6, 2009: Perform the actions required by paragraphs (f)(4)(i), 
(f)(4)(ii), and (f)(4)(iii) of this AD, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-57-46, 
Revision A, dated February 6, 2009.
    (i) Before further flight, strip the affected wing skin surfaces 
to bare metal and apply alodine coating to those areas, in 
accordance with Bombardier Service Bulletin 8-57-46, Revision A, 
dated February 6, 2009.
    (ii) Within 90 flight hours after performing the actions 
required by paragraph (f)(4)(i) of this AD, and thereafter at 
intervals not to exceed 90 flight hours: Perform a detailed visual 
inspection of the stripped areas for any sign of corrosion or 
deterioration of the protective alodine coating, and re-apply the 
protective alodine coating, in accordance with Bombardier Service 
Bulletin 8-57-46, Revision A, dated February 6, 2009.
    (iii) Within 3 months after performing the actions required by 
paragraph (f)(1) or (f)(2) of this AD, as applicable: Paint the 
affected wing skin surfaces with aluminum-loaded primer and 
aluminum-loaded enamel coating, in accordance with Bombardier 
Service Bulletin 8-57-46, Revision A, dated February 6, 2009.
    (5) Accomplishment of the actions required by paragraph (f)(1) 
or (f)(2) of this AD, as applicable, before the effective date of 
this AD, in accordance with Bombardier Service Bulletin 8-57-46, 
dated September 29, 2008, is acceptable for compliance with the 
corresponding requirements of this AD.
    (6) Accomplishment of the actions required by paragraph (f)(1) 
or (f)(2) of this AD, as applicable, in accordance with AD 2008-13-
09, Amendment 39-15572, is acceptable for compliance with the 
corresponding requirements of this AD, provided the actions are done 
within the applicable compliance times specified in this AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office, ANE-170, FAA, has the authority 
to approve AMOCs for this AD, if requested using the procedures 
found in 14 CFR 39.19. Send information to ATTN: Program Manager, 
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart 
Avenue, Suite 410, Westbury, New York 11590; telephone 516-228-7300; 
fax 516-794-5531. Before using any approved AMOC on any airplane to 
which the AMOC applies, notify your principal maintenance inspector 
(PMI) or principal avionics inspector (PAI), as appropriate, or 
lacking a principal inspector, your local Flight Standards District 
Office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (h) Refer to Canadian Airworthiness Directive CF-2009-05, dated 
January 29, 2009; and Bombardier Service Bulletin 8-57-46, Revision 
A, dated February 6, 2009; for related information.

Material Incorporated by Reference

    (i) You must use Bombardier Service Bulletin 8-57-46, Revision 
A, dated February 6, 2009, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail <a href="/cdn-cgi/l/email-protection#80f4e8e4aef1f3e5f2e9e5f3c0e1e5f2efaee2efede2e1f2e4e9e5f2aee3efed"><span class="__cf_email__" data-cfemail="5d293539732c2e382f34382e1d3c382f32733f32303f3c2f3934382f733e3230">[email protected]</span></a>; Internet http://www.bombardier.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221 or 425-227-1152.
    (4) You may also review copies of the 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, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-4652 Filed 3-8-10; 8:45 am]
BILLING CODE 4910-13-P


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