[Federal Register Volume 67, Number 34 (Wednesday, February 20, 2002)]
[Rules and Regulations]
[Pages 7593-7594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3586]



[[Page 7593]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-140-AD; Amendment 39-12653; AD 2002-03-12]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400 Series 
Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model DHC-8-400 series airplanes, that 
requires a modification and a replacement affecting the fuel tanks in 
the wings. All affected airplanes require modification of the clearance 
of the fuel tank vent lines to the left and the right wing fuel tanks. 
Some affected airplanes also require replacement of three existing fuel 
probes from the center fuel tank on the left and right wings with new 
production fuel probes. This action is prompted by mandatory continuing 
airworthiness information from a foreign airworthiness authority. The 
actions specified by this AD are necessary to prevent inadequate 
clearance between the fuel tank vent lines and the adjacent rib 
structures of the wings or failure of certain temporary, reworked fuel 
probes in the center fuel tanks in the wings. Either condition could 
compromise the airplane's lightning protection system, possibly 
resulting in a fire or explosion if the airplane were hit by lightning. 
This action is intended to address the identified unsafe condition.

DATES: Effective March 27, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of March 27, 2002.

ADDRESSES: The service information referenced in this AD 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 Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, New York Aircraft Certification 
Office, 10 Fifth Street, Third Floor, Valley Stream, New York; or at 
the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Richard Fiesel, Aerospace Engineer, 
ANE-171, FAA, New York Aircraft Certification Office, 10 Fifth Street, 
Third Floor, Valley Stream, New York 11581; telephone (516) 256-7504; 
fax (516) 568-2716.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain Bombardier Model DHC-8-400 
series airplanes was published in the Federal Register on November 19, 
2001 (66 FR 57905). That action proposed to require two actions--a 
modification and a replacement--affecting the fuel tanks in the wings. 
All affected airplanes would require modification of the clearance of 
the fuel tank vent lines to the left and the right wing fuel tanks. 
Some affected airplanes would also require replacement of three 
existing fuel probes from the center fuel tank on the left and right 
wings with new production fuel probes.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Explanation of Change to Final Rule

    Since the issuance of the notice of proposed rulemaking (NPRM), the 
FAA has found that paragraph (b) of the NPRM needs to be clarified. 
That paragraph requires that replacement of the existing fuel probes 1, 
2, and 5 with new production fuel probes be accomplished ``Prior to the 
accumulation of 4,000 flight hours * * *'' It was our intent that the 
replacement be accomplished prior to the accumulation of 4,000 
``total'' flight hours. Therefore, we have revised paragraph (b) of the 
final rule to specify total flight hours.

Conclusion

    After careful review of the available data, the FAA has determined 
that air safety and the public interest require the adoption of the 
rule with the change described previously. The FAA has determined that 
this change will neither increase the economic burden on any operator 
nor increase the scope of the AD.

Cost Impact

    There are approximately 32 airplanes of the affected design in the 
worldwide fleet. The FAA estimates that 15 airplanes of U.S. registry 
will be affected by this AD.
    Thirteen airplanes of U.S. registry will be affected by the 
required modification of the clearance of the fuel tank vent line. It 
will take approximately 12 work hours to accomplish the required 
modification, at an average labor rate of $60 per work hour. Required 
parts will cost approximately $440 per airplane. Based on these 
figures, the cost impact of the required modification on U.S. operators 
is estimated to be $15,080, or $1,160 per airplane.
    Seven airplanes of U.S. registry will be affected by the required 
replacement of the numbers 1, 2, and 5 fuel probes. It will take 
approximately 2 work hours to accomplish the required replacement, at 
an average labor rate of $60 per work hour. Required parts will be 
provided by the manufacturer at no cost to the operators. Based on 
these figures, the cost impact of the required replacement on U.S. 
operators is estimated to be $840, or $120 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this 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 adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

[[Page 7594]]

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends 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.


Sec. 39.13  [Amended]

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

2002-03-12 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-12653. Docket 2001-NM-140-AD.

    Applicability: Model DHC-8-400 series airplanes; certificated in 
any category; serial numbers 4005, 4006, 4008 through 4010 
inclusive, 4012 through 4015 inclusive, and 4018 through 4040 
inclusive.

    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 (c) 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 inadequate clearance between the fuel tank vent lines 
and the adjacent rib structures of the wings or failure of certain 
temporary, reworked fuel probes in the center fuel tanks in the 
wings, either of which could compromise the airplane's lightning 
protection system, possibly resulting in a fire or explosion if the 
airplane were hit by lightning, accomplish the following:

Modification of Clearance of Fuel Tank Vent Lines

    (a) For airplanes having serial numbers 4005, 4006, 4008 through 
4010 inclusive, 4012 through 4015 inclusive, and 4018 through 4040 
inclusive: Within 120 days after the effective date of this AD, 
modify the clearance of the fuel tank vent lines to the left and the 
right wing fuel tanks by wrapping 1 piece of Teflon tube around the 
vent line at each of 10 stations (2 pieces at station 191.200) and 
securing it with a clamping band (2 clamping bands at station 
191.200), in accordance with the Accomplishment Instructions 
(including Table 1) and Figure 1 of Bombardier Alert Service 
Bulletin A84-28-02, dated February 7, 2001.

Replacement of Fuel Probes Numbers 1, 2, and 5

    (b) For airplanes having serial numbers 4006, 4008, 4012 through 
4015 inclusive, and 4018 through 4027 inclusive: Prior to the 
accumulation of 4,000 total flight hours or within 120 days after 
the effective date of this AD, whichever occurs later: Replace 
existing fuel probes numbers 1, 2, and 5 from the center fuel tank 
on the left and the right wings with new production fuel probes, in 
accordance with Bombardier Service Bulletin 84-28-01, Revision 
``A,'' dated February 8, 2001.

Alternative Methods of Compliance

    (c) 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 2: 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

    (d) 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.

Incorporation by Reference

    (e) The actions shall be done in accordance with Bombardier 
Alert Service Bulletin A84-28-02, dated February 7, 2001; and 
Bombardier Service Bulletin 84-28-01, Revision ``A,'' dated February 
8, 2001; as applicable. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from Bombardier, 
Inc., Bombardier Regional Aircraft Division, 123 Garratt Boulevard, 
Downsview, Ontario M3K 1Y5, Canada. Copies may be inspected 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; or at the 
Office of the Federal Register, 800 North Capitol Street, NW., suite 
700, Washington, DC.

    Note 3: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2001-14, dated March 21, 2001.

Effective Date

    (f) This amendment becomes effective on March 27, 2002.

    Issued in Renton, Washington, on February 7, 2002.
Vi L. Lipski,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-3586 Filed 2-19-02; 8:45 am]
BILLING CODE 4910-13-U