[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Rules and Regulations]
[Pages 47029-47032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18430]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-367-AD; 
Amendment 39-15572; AD 2008-13-09]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103, 
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315 
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) 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:

    Bombardier Aerospace has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards * * *.
    [A]ssessment showed that supplemental maintenance tasks 
[inspections of fuel tank bonding jumpers, wiring harnesses, and 
drain valve components, among other items and actions; and 
applicable corrective actions] are required to prevent potential 
ignition sources within the fuel system, which could result in a 
fuel tank explosion. * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 17, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 17, 
2008.

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: Rocco Viselli, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7331; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on May 1, 2008 (73 FR 23995). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products. The MCAI 
states:

    Bombardier Aerospace has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks 
[inspections of fuel tank bonding jumpers, wiring harnesses, and 
drain valve components, among other items and actions; and 
applicable corrective actions] are required to prevent potential 
ignition sources within the fuel system, which could result in a 
fuel tank explosion. Revisions have been made to Part 2 
``Airworthiness Limitations List'' of the

[[Page 47030]]

DHC-8 Maintenance Program Manuals to introduce the required 
maintenance tasks.

The corrective action is revising the Airworthiness Limitations Section 
of the Instructions for Continued Airworthiness to incorporate new 
limitations for fuel tank systems. 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.

Clarification of Identity of Model DHC-8-201 Airplanes

    We have clarified the identity of certain airplanes as listed in 
the supplemental NPRM by correctly identifying them throughout this AD 
as Model DHC-8-201 airplanes.

Removal of Reference to ``a Later Revision'' of Certain Maintenance 
Program Manuals (MPMs)

    We removed the reference to ``a later revision of Part 2 
`Airworthiness Limitations List' of the applicable de Havilland Dash 8 
Series MPM'' from paragraph (f)(4) of this AD and removed Table 3 of 
the NPRM, which listed the MPMs (and renumbered the subsequent table 
accordingly). We removed the reference to the use of ``later 
revisions'' of the applicable service information from this AD to be 
consistent with FAA policy. This change will not increase the economic 
burden on any operator, nor will it increase the scope of the AD, since 
operators may request approval to use a later revision of the 
referenced service information as an alternative method of compliance, 
under the provisions of paragraph (g) of this AD.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes 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 about 122 products of U.S. 
registry. We also estimate that it will take about 1 work-hour 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 $9,760, or $80 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

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:

2008-13-09 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-15572. Docket No. FAA-2008-0179; Directorate Identifier 2007-NM-
367-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 17, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-102, DHC-8-
103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-
8-315 airplanes, certificated in any category, all serial numbers.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (g) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued operational safety of the airplane.


[[Page 47031]]



Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    Bombardier Aerospace has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks 
[inspections of fuel tank bonding jumpers, wiring harnesses, and 
drain valve components, among other items and actions; and 
applicable corrective actions] are required to prevent potential 
ignition sources within the fuel system, which could result in a 
fuel tank explosion. Revisions have been made to Part 2 
``Airworthiness Limitations List'' of the DHC-8 Maintenance Program 
Manuals to introduce the required maintenance tasks.

The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 60 days after the effective date of this AD, or 
before December 16, 2008, whichever occurs first, revise the ALS of 
the Instructions for Continued Airworthiness to incorporate the fuel 
system limitations tasks identified in the de Havilland temporary 
revisions (TRs) to Part 2, ``Airworthiness Limitations List,'' of 
the Dash 8 Series Maintenance Program Manuals (``the MPMs''). The 
TRs are listed in Table 1 of this AD. For the tasks identified in 
the TRs, the initial compliance times start at the later of the 
applicable ``Threshold'' and ``Grace Period'' times specified in 
Table 2 of this AD, and the repetitive limitation tasks must be 
accomplished thereafter at the interval specified in the TRs, except 
as provided by paragraphs (f)(2), (f)(3), (f)(4), and (g)(1) of this 
AD.

                      Table 1--Temporary Revisions
------------------------------------------------------------------------
            Model                de Havilland TR             MPM
------------------------------------------------------------------------
DHC-8-102, DHC-8-103, and     AWL-110, dated        Dash 8 Series 100
 DHC-8-106 airplanes.          August 31, 2007.      MPM, Product
                                                     Support Manual
                                                     (PSM) 1-8-7, Part
                                                     2, ``Airworthiness
                                                     Limitations List''.
DHC-8-201, and DHC-8-202      AWL 2-43, dated       Dash 8 Series 200
 airplanes.                    August 31, 2007.      MPM, PSM 1-82-7,
                                                     Part 2,
                                                     ``Airworthiness
                                                     Limitations List''.
DHC-8-301, DHC-8-311, and     AWL 3-109, dated      Dash 8 Series 300
 DHC-8-315 airplanes.          August 31, 2007.      MPM, PSM 1-83-7,
                                                     Part 2,
                                                     ``Airworthiness
                                                     Limitations List''.
------------------------------------------------------------------------


                      Table 2--Initial Inspections
------------------------------------------------------------------------
                               Compliance time  (whichever occurs later)
         Description         -------------------------------------------
                                    Threshold           Grace period
------------------------------------------------------------------------
Tasks with 6,000 flight       Before the            Within 2,000 flight
 hours/36 month intervals.     accumulation of       hours or 12 months
                               6,000 total flight    after the effective
                               hours, or within 36   date of this AD,
                               months since new,     whichever occurs
                               whichever occurs      first.
                               first.
Tasks with 18,000 flight      Before the            Within 6,000 flight
 hours/108 month intervals.    accumulation of       hours or 36 months
                               18,000 total flight   after the effective
                               hours, or within      date of this AD,
                               108 months since      whichever occurs
                               new, whichever        first.
                               occurs first.
Tasks with 72,000 flight      Before the            Within 600 flight
 hours/36 year intervals.      accumulation of       hours or 3 months
                               72,000 total flight   after the effective
                               hours, or within 36   date of this AD,
                               years since new,      whichever occurs
                               whichever occurs      first.
                               first.
------------------------------------------------------------------------


    Note 2: The actions required by paragraph (f)(1) of this AD may 
be done by inserting a copy of the applicable TR listed in Table 1 
of this AD into the ALS of the applicable MPM listed in Table 1 of 
this AD. When the applicable TR has been included in general 
revisions of the applicable MPM, the general revisions may be 
inserted in the MPM, provided the relevant information in the 
general revision is identical to that in the applicable TR.

    (2) For those tasks with 6,000 flight hours/36 month limitation 
task intervals: For airplanes that have accumulated 4,000 total 
flight hours or more, or 24 months or more since new, as of the 
effective date of this AD, do the initial limitation tasks within 
2,000 flight hours or 12 months after the effective date of this AD, 
whichever occurs first. Thereafter, repeat the limitation tasks at 
intervals not to exceed 6,000 flight hours or 36 months, whichever 
occurs first.
    (3) For those tasks with 18,000 flight hours/108 month 
limitation task intervals: For airplanes that have accumulated 
12,000 total flight hours or more, or 72 months or more since new, 
as of the effective date of this AD, do the initial limitation tasks 
within 6,000 flight hours or 36 months after the effective date of 
this AD, whichever occurs first. Thereafter, repeat the limitation 
tasks at intervals not to exceed 18,000 flight hours or 108 months, 
whichever occurs first.
    (4) After accomplishing the actions specified in paragraphs 
(f)(1), (f)(2), and (f)(3) of this AD, no alternative inspections/
limitation tasks or inspection/limitation task intervals may be used 
unless the inspections/limitation tasks or inspection/limitation 
task intervals are approved as an alternative method of compliance 
(AMOC) in accordance with the procedures specified in paragraph 
(g)(1) of this AD.

FAA AD Differences

    Note 3: 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 ACO, 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: Rocco Viselli, Aerospace Engineer, Airframe and 
Propulsion Branch, ANE-171, FAA, New York Aircraft Certification 
Office, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; 
telephone (516) 228-7331; fax (516) 794-5531. Before using any 
approved AMOC on any airplane to which the AMOC applies, notify your 
appropriate principal inspector (PI) in the FAA Flight Standards 
District Office (FSDO), or lacking a PI, your local FSDO.
    (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

[[Page 47032]]

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, 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 MCAI Canadian Airworthiness Directive CF-2007-32, 
dated December 17, 2007, and the de Havilland temporary revisions 
listed in Table 1 of this AD.

Material Incorporated by Reference

    (i) You must use the applicable service information specified in 
Table 3 of this AD 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., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 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/cfr/ibr-locations.html.

                                   Table 3--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
    De Havilland  temporary revision--                      Dated--                            To the--
----------------------------------------------------------------------------------------------------------------
AWL-110..................................  August 31, 2007.........................  Dash 8 Series 100
                                                                                      Maintenance Program
                                                                                      Manual, Product Support
                                                                                      Manual 1-8-7, Part 2,
                                                                                      ``Airworthiness
                                                                                      Limitations List''.
AWL 2-43.................................  August 31, 2007.........................  Dash 8 Series 200
                                                                                      Maintenance Program
                                                                                      Manual, Product Support
                                                                                      Manual 1-82-7, Part 2,
                                                                                      ``Airworthiness
                                                                                      Limitations List''.
AWL 3-109................................  August 31, 2007.........................  Dash 8 Series 300
                                                                                      Maintenance Program
                                                                                      Manual, Product Support
                                                                                      Manual 1-83-7, Part 2,
                                                                                      ``Airworthiness
                                                                                      Limitations List''.
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    Issued in Renton, Washington, on July 31, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-18430 Filed 8-12-08; 8:45 am]
BILLING CODE 4910-13-P