10664 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 

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. 2010–4511 Filed 3–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 nonaluminized 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 nonaluminized 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 aluminumloaded 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 reapplying 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 


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Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 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 workhours 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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 


sroberts on DSKD5P82C1PROD with RULES
10666 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Rules and Regulations 

fuel tank skin between Yw171.20 and 

Yw261.00 was painted with a nonaluminized 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 aluminumloaded 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 aluminumloaded 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 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.qseries@aero.bombardier.com; 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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