[Federal Register Volume 65, Number 216 (Tuesday, November 7, 2000)]
[Proposed Rules]
[Pages 66657-66659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28481]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 65, No. 216 / Tuesday, November 7, 2000 / 
Proposed Rules

[[Page 66657]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-102-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC--8--100, -200, and 
--300 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Bombardier Model DHC-8-
100, -200, and -300 series airplanes. This proposal would require 
inspection to determine the orientation of the Wiggins fuel couplers of 
the fuel tank vent line and scavenge line in the right wing at station 
249, and follow-on corrective actions. This action is necessary to 
prevent contact between the nuts of the Wiggins fuel couplers and the 
stiffener on the access panel of the upper surface of the right wing, 
which could compromise the lightning protection of the fuel tank of the 
right wing in the event of a lightning strike, and could result in 
possible fuel tank explosion. This action is intended to address the 
identified unsafe condition.

DATES: Comments must be received by December 7, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-102-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
<a href="/cdn-cgi/l/email-protection#8fb6a2eee1e2a2e1fffde2ece0e2e2eae1fbcfe9eeeea1e8e0f9"><span class="__cf_email__" data-cfemail="3a03175b545717544a4857595557575f544e7a5c5b5b145d554c">[email protected]</span></a>. Comments sent via fax or the Internet must 
contain ``Docket No. 2000-NM-102-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    The service information referenced in the proposed rule may be 
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This 
information may be examined at the FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York 
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley 
Stream, New York.

FOR FURTHER INFORMATION CONTACT: Serge Napoleon, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 10 Fifth Street, Third Floor, Valley Stream, New 
York 11581; telephone (516) 256-7512; fax (516) 568-2716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Submit comments using the following format:
    <bullet> Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
    <bullet> For each issue, state what specific change to the proposed 
AD is being requested.
    <bullet> Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-102-AD.'' The postcard will be date stamped 
and returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 2000-NM-102-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    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-8-100, -200, and -300 series 
airplanes. TCAA advises that it received a report indicating that a 
Wiggins fuel coupler had come in contact with the stiffener of the wing 
access panel at wing station 249.
    Investigation revealed that the Wiggins fuel couplers in the right 
wing of both the fuel tank vent line and scavenge line had been 
installed incorrectly, with the nut of each coupler facing the outboard 
side of the wing, rather than the inboard side. This incorrect 
installation allowed contact between one nut of the coupler and the 
stiffener on the access panel of the upper surface of the right wing. 
Such contact could compromise the lightning protection of the fuel tank 
of the right wing in the event of a lightning strike, and could result 
in possible fuel tank explosion.

Explanation of Relevant Service Information

    The manufacturer has issued Bombardier Alert Service Bulletin A8-
28-32, dated January 14, 2000, which describes procedures for a one-
time general visual or x-ray inspection to determine the orientation of 
the Wiggins fuel couplers of the fuel tank vent line

[[Page 66658]]

and scavenge line in the right wing at station 249. For airplanes on 
which the couplers are oriented correctly, the alert service bulletin 
describes procedures for rework of the stiffener on the access panel of 
the upper surface of the right wing. For airplanes on which any 
incorrectly oriented coupler is found, the alert service bulletin 
describes procedures for removal of the coupler and a one-time detailed 
visual inspection to detect damage of that coupler.
    For airplanes on which no damaged coupler is found, the alert 
service bulletin describes procedures for reinstallation of the coupler 
in the correct orientation and rework of the stiffener on the access 
panel of the upper surface of the right wing. However, for airplanes on 
which any damaged coupler is found, the alert service bulletin 
describes procedures for blending out the damage and performing a 
detailed visual inspection of the fuel coupler for cracks; and 
reinstallation of the coupler in the correct orientation and rework of 
the stiffener on the access panel of the upper surface of the right 
wing, or replacement of the coupler with a new or serviceable coupler 
in the correct orientation and rework the stiffener on the access panel 
of the upper surface of the right wing, if necessary.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. TCAA 
classified this alert service bulletin as mandatory and issued Canadian 
airworthiness directive CF-2000-05, dated February 28, 2000, in order 
to assure the continued airworthiness of these airplanes in Canada.

FAA's Conclusions

    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, TCAA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of 
TCAA, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Proposed Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require accomplishment of 
the actions specified in the alert service bulletin described 
previously, except as discussed below.

Differences Between This Proposed AD and Relevant Service 
Information

    Operators should note that certain compliance times specified in 
this proposed AD differ from those specified in the alert service 
bulletin:
    <bullet> For airplanes having correctly oriented fuel couplers, the 
alert service bulletin recommends reworking the stiffener within 5,000 
flight hours after the initial inspection. The Canadian airworthiness 
directive requires the rework ``at the next convenient maintenance 
opportunity but not later than the next `C' check or 5,000 hours flight 
time after the effective date of this directive, whichever occurs 
first.'' However, this proposed AD would require the rework for these 
airplanes within 5,000 flight hours after the effective date of the AD.
    <bullet> For airplanes having incorrectly oriented fuel couplers, 
the alert service bulletin also recommends reworking the stiffener 
within 5,000 flight hours of the initial inspection. However, this 
proposed AD requires the rework for these airplanes prior to further 
flight after detecting the incorrect orientation.
    In developing the compliance times for this proposed AD, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, and 
the compliance times specified in the Canadian airworthiness directive. 
In light of these factors, the FAA finds that its proposed compliance 
times for the rework represent the appropriate intervals of time 
allowable for affected airplanes to continue to operate without 
compromising safety.

Cost Impact

    The FAA estimates that 195 airplanes of U.S. registry would be 
affected by this proposed AD.
    It would take approximately 1 work hour per airplane to accomplish 
the actions (inspection) specified in Part A of the alert service 
bulletin, at an average labor rate of $60 per work hour. Based on these 
figures, the cost impact of these proposed actions on U.S. operators is 
estimated to be $11,700, or $60 per airplane.
    It would take approximately 2 work hours per airplane to accomplish 
the actions (rework) specified in Part B of the alert service bulletin, 
at an average labor rate of $60 per work hour. Based on these figures, 
the cost impact of these proposed actions on U.S. operators is 
estimated to be $23,400, or $120 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the proposed requirements 
of this AD action, and that no operator would accomplish those actions 
in the future if this proposed AD were not adopted. The cost impact 
figures discussed in AD rulemaking actions represent only the time 
necessary to perform the specific actions actually required by the AD. 
These figures typically do not include incidental costs, such as the 
time required to gain access and close up, planning time, or time 
necessitated by other administrative actions.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, it 
is determined that this proposal would not have federalism implications 
under Executive Order 13132.
    For the reasons discussed above, I certify that this proposed 
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) if promulgated, 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. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (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.

[[Page 66659]]

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket 2000-NM-102-
AD.

    Applicability: Model DHC-8-100, -200, and -300 series airplanes 
having serial numbers 003 through 540 inclusive, certificated in any 
category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent contact between the nuts of the Wiggins fuel couplers 
and the stiffener on the access panel of the upper surface of the 
right wing, which could compromise the lightning protection of the 
fuel tank of the right wing in the event of a lightning strike, and 
could result in possible fuel tank explosion, accomplish the 
following:

General Visual or X-ray Inspection

    (a) Within 90 days after the effective date of this AD: Perform 
a one-time general visual or x-ray inspection to determine the 
orientation of the Wiggins fuel couplers of the fuel tank vent line 
and scavenge line in the right wing at station 249, in accordance 
with Part A of the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A8-28-32, dated January 14, 2000.

Action for Airplanes Having Correctly Oriented Fuel Couplers

    (b) For airplanes on which the orientation of all Wiggins fuel 
couplers is found to be correct, as specified in Bombardier Alert 
Service Bulletin A8-28-32, dated January 14, 2000: Within 5,000 
flight hours after the effective date of this AD, rework the 
stiffener on the access panel of the upper surface of the right wing 
in accordance with Part B of the Accomplishment Instructions of the 
alert service bulletin.

    Note 2: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or drop-light, and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Actions for Airplanes Having an Incorrectly Oriented Fuel Coupler

    (c) For airplanes on which the orientation of any Wiggins fuel 
coupler is incorrect, as specified in Bombardier Alert Service 
Bulletin A8-28-32, dated January 14, 2000: Prior to further flight, 
remove the incorrectly oriented Wiggins fuel coupler, and perform a 
one-time detailed visual inspection to detect damage of the fuel 
coupler, in accordance with Part A of the Accomplishment 
Instructions of the alert service bulletin.

    Note 3: For the purposes of this AD, a detailed visual 
inspection is defined as: ``An intensive visual examination of a 
specific structural area, system, installation, or assembly to 
detect damage, failure, or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at 
intensity deemed appropriate by the inspector. Inspection aids such 
as mirror, magnifying lenses, etc., may be used. Surface cleaning 
and elaborate access procedures may be required.''

    (1) If no damage is found: Prior to further flight, reinstall 
the Wiggins fuel coupler in the correct orientation, as specified in 
the alert service bulletin, and rework the stiffener on the access 
panel of the upper surface of the right wing, in accordance with 
Part B of the Accomplishment Instructions of the alert service 
bulletin. No further action is required by this AD.
    (2) If any damage is found, prior to further flight, blend out 
the damage and perform a detailed visual inspection of the fuel 
coupler for cracks, in accordance with the alert service bulletin.
    (i) If no crack is found, and blending CAN be accomplished to 
meet the limits specified in the Accomplishment Instructions of the 
alert service bulletin: Prior to further flight, reinstall the 
Wiggins fuel coupler in the correct orientation, as specified in the 
alert service bulletin, and rework the stiffener on the access panel 
of the upper surface of the right wing, in accordance with Part B of 
the Accomplishment Instructions of the alert service bulletin. No 
further action is required by this AD.
    (ii) If any crack is found, or if blending CANNOT be 
accomplished to meet the limits specified in the Accomplishment 
Instructions of the alert service bulletin: Prior to further flight, 
replace the Wiggins fuel coupler with a new or serviceable coupler 
in the correct orientation, as specified in the alert service 
bulletin, and rework the stiffener on the access panel of the upper 
surface of the right wing, in accordance with Part B of the 
Accomplishment Instructions of the alert service bulletin. No 
further action is required by this AD.

Alternative Methods of Compliance

    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, New York Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, New York ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the New York ACO.

Special Flight Permits

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Note 5: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2000-05, dated February 28, 2000.


    Issued in Renton, Washington, on November 1, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-28481 Filed 11-06-00; 8:45 am]
BILLING CODE 4910-13-P


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