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[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Proposed Rules]
[Pages 9982-9984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4011]

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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]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. This proposed 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 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. 
The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by April 11, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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. You may review copies of the referenced 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.

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 this proposed AD, 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.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0043; 
Directorate Identifier 2010-NM-192-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://

[[Page 9983]]

www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-21, dated July 20, 2010 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. 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.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-28-08, dated March 11, 
2010. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 67 products of U.S. registry. We also estimate that 
it would take about 33 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $130 per product. Based on 
these figures, we estimate the cost of the proposed 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 proposed 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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD 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.
    For the reasons discussed above, I certify 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. 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier, Inc.: Docket No. FAA-2011-0043; Directorate Identifier 
2010-NM-192-AD.

Comments Due Date

    (a) We must receive comments by April 11, 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

[[Page 9984]]

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. 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 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 TCCA Airworthiness Directive CF-2010-21, dated July 
20, 2010; and Bombardier Service Bulletin 84-28-08, dated March 11, 
2010; for related information.

    Issued in Renton, Washington on February 14, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-4011 Filed 2-22-11; 8:45 am]
BILLING CODE 4910-13-P
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