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[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Rules and Regulations]
[Pages 28639-28640]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11929]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0043; Directorate Identifier 2010-NM-192-AD; 
Amendment 39-16700; AD 2011-11-02]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 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) issued by an airworthiness authority 
of another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    During production quality inspections of the aeroplane fuel 
motive flow system, it was discovered that some motive flow check 
valves (MFCV) were manufactured with an outlet fitting containing 
red anodized threads. These MFCV do not provide adequate electrical 
bonding between the valve and the adjacent fitting.
    In the absence of proper electrical bonding within the motive 
flow system, the aeroplane fuel tank could be exposed to ignition 
sources in the case of a lightning strike.

* * * * *
The unsafe condition is the potential for ignition sources inside the 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion 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 June 22, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 22, 
2011.

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: James Delisio, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7321; 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 February 23, 2011 
(76 FR 9982). The MCAI states:

    During production quality inspections of the aeroplane fuel 
motive flow system, it was discovered that some motive flow check 
valves (MFCV) were manufactured with an outlet fitting containing 
red anodized threads. These MFCV do not provide adequate electrical 
bonding between the valve and the adjacent fitting.
    In the absence of proper electrical bonding within the motive 
flow system, the aeroplane fuel tank could be exposed to ignition 
sources in the case of a lightning strike.
    This [TCCA] directive is issued to [do a general visual 
inspection to] verify the proper configuration of the MFCV and if 
required, replace the affected MFCV with a MFCV that has a 
chemically filmed (gold color) outlet valve fitting, which provides 
adequate electrical bonding.

The unsafe condition is the potential for ignition sources inside the 
fuel tanks, which, in combination with flammable fuel vapors, could 
result in a fuel tank explosion and consequent loss of the airplane. 
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 received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD affects 
about 67 products of U.S. registry. We also estimate that it takes 
about 33 work-hours per product to comply with the basic requirements 
of this AD. The average labor rate is $85 per work-hour. Required parts 
will cost about $130 per product. Based on these figures, we estimate 
the cost of the AD on U.S. operators to be $196,645, or $2,935 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

[[Page 28640]]

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:

2011-11-02 Bombardier, Inc.: Amendment 39-16700. Docket No. FAA-
2011-0043; Directorate Identifier 2010-NM-192-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 22, 
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category; having serial 
numbers 4001 through 4190 inclusive, 4199 through 4201 inclusive, 
and 4203 through 4216 inclusive; equipped with a motive flow check 
valve (MFCV) having part number (P/N) 2960018-101.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

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

    During production quality inspections of the aeroplane fuel 
motive flow system, it was discovered that some motive flow check 
valves (MFCV) were manufactured with an outlet fitting containing 
red anodized threads. These MFCV do not provide adequate electrical 
bonding between the valve and the adjacent fitting.

    In the absence of proper electrical bonding within the motive 
flow system, the aeroplane fuel tank could be exposed to ignition 
sources in the case of a lightning strike.
* * * * *
The unsafe condition is the potential for ignition sources inside 
the fuel tanks, which, in combination with flammable fuel vapors, 
could result in a fuel tank explosion and consequent loss of the 
airplane.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 6,000 flight hours after the effective date of this 
AD, do a general visual inspection for red anodized threads of the 
outlet fitting of the MFCV having P/N 2960018-101 installed in the 
left and right wing fuel tanks, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-28-08, 
dated March 11, 2010. If the MFCV has a chemical film coating (gold 
color) outlet fitting, no further action is required by AD, except 
as required by paragraph (i) of this AD.
    (h) If during the inspection required by paragraph (g) of this 
AD, a MFCV having a red anodized check valve outlet fitting is 
found: Before further flight, replace the MFCV with a MFCV that has 
a chemical film coating (gold color) check valve outlet fitting, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-28-08, dated March 11, 2010.
    (i) As of the effective date of this AD, no person may install a 
replacement MFCV having P/N 2960018-101, with a red anodized check 
valve outlet fitting, on any airplane.

FAA AD Differences

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

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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 New York ACO, send it 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 appropriate principal inspector, 
or lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding 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.

Related Information

    (k) Refer to Transport Canada Civil Aviation Airworthiness 
Directive CF-2010-21, dated July 20, 2010; and Bombardier Service 
Bulletin 84-28-08, dated March 11, 2010; for related information.

Material Incorporated by Reference

    (l) You must use Bombardier Service Bulletin 84-28-08, dated 
March 11, 2010, 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., Q-Series Technical Help Desk, 123 Garratt 
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; 
fax 416-375-4539; 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.
    (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 May 6, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-11929 Filed 5-17-11; 8:45 am]
BILLING CODE 4910-13-P
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