```

[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Rules and Regulations]               
[Page 55461-55462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se10-4]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0432; Directorate Identifier 2010-NM-001-AD; 
Amendment 39-16430; AD 2010-19-02]
RIN 2120-AA64

 
Airworthiness Directives; Bombardier, Inc. Model DHC-8-200 and 
DHC-8-300 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 recent production fuel system test, it was found that 
all three flapper valves located in each collector tank did not 
conform to the design requirements, due to the fact that a valve 
spring was installed on the flapper hinge pin. This valve spring 
should have been removed prior to installation of the valves.
* * * * *
    With the valve spring installed, the flapper valve is held 
closed by the valve spring, preventing gravity feed. In the event of 
scavenge system failure, the collector tank fuel level can no longer 
be maintained, potentially leading to an in-flight engine shutdown.
* * * * *
    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 18, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 18, 
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: Kent Fredrickson, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, 
New York 11590; telephone (516) 228-7364; 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 April 26, 2010 (75 
FR 21530). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    During a recent production fuel system test, it was found that 
all three flapper valves located in each collector tank did not 
conform to the design requirements, due to the fact that a valve 
spring was installed on the flapper hinge pin. This valve spring 
should have been removed prior to installation of the valves.
    It was subsequently determined that this condition is restricted 
to the 21 aircraft listed in the Applicability section above.
    With the valve spring installed, the flapper valve is held 
closed by the valve spring, preventing gravity feed. In the event of 
scavenge system failure, the collector tank fuel level can no longer 
be maintained, potentially leading to an in-flight engine shutdown.
    In order to ensure adequate fuel transfer to the collector tank 
at all times, this directive mandates a one-time [detailed] 
inspection of each of the six flapper valves, removal of the valve 
spring, if installed, and application of an identification mark on 
each inspected valve.

    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.

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 4 products of U.S. registry. 
We also estimate that it will take about 30 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $10,200, or $2,550 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,

[[Page 55462]]

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

0
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:

2010-19-02 Bombardier, Inc. Amendment 39-16430. Docket No. FAA-2010-
0432; Directorate Identifier 2010-NM-001-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
18, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-201, -202, -
301, -311, and -315 airplanes, certificated in any category, having 
serial numbers 644 through 664 inclusive.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    During a recent production fuel system test, it was found that 
all three flapper valves located in each collector tank did not 
conform to the design requirements, due to the fact that a valve 
spring was installed on the flapper hinge pin. This valve spring 
should have been removed prior to installation of the valves.
    It was subsequently determined that this condition is restricted 
to the 21 aircraft listed in the Applicability section above.
    With the valve spring installed, the flapper valve is held 
closed by the valve spring, preventing gravity feed. In the event of 
scavenge system failure, the collector tank fuel level can no longer 
be maintained, potentially leading to an in-flight engine shutdown.
    In order to ensure adequate fuel transfer to the collector tank 
at all times, this directive mandates a one-time [detailed] 
inspection of each of the six flapper valves, removal of the valve 
spring, if installed, and application of an identification mark on 
each inspected valve.

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 1,000 flight hours after the effective date of this 
AD, do a detailed inspection of each collector tank flapper valve 
for the presence of a valve spring, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-28-54, 
dated April 22, 2009. If the valve spring is not present, before 
further flight, apply an identification mark, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 8-28-54, 
dated April 22, 2009. If the valve spring is present, before further 
flight, remove the valve spring and apply an identification mark, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 8-28-54, dated April 22, 2009.

FAA AD Differences

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

Other FAA AD Provisions

    (h) 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. 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

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-40, 
dated November 9, 2009; and Bombardier Service Bulletin 8-28-54, 
dated April 22, 2009; for related information.

Material Incorporated by Reference

    (j) You must use Bombardier Service Bulletin 8-28-54, dated 
April 22, 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 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 September 2, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-22680 Filed 9-10-10; 8:45 am]
BILLING CODE 4910-13-P
```