[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Proposed Rules]
[Pages 75471-75473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32133]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-338-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 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-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes. This 
proposal would require inspection of the fitting assemblies located on 
the vent and scavenge lines routed immediately below the fuel tank 
access covers on both wings for proper installation, and corrective 
actions if necessary. This proposal also would require inspection of 
the stiffeners on the underside of fuel tank access covers on both 
wings for signs of chafing damage caused by incorrect orientation of 
the lockwire tail, and removal of damage. This action is necessary to 
prevent contact between the lockwire pigtail of the fitting and the 
stiffener located on the inside surface of the fuel access covers of 
the wings, which could serve as a potential ignition source within the 
fuel tank if a cover is struck by lightning and result in possible fuel 
tank explosion. This action is intended to address the identified 
unsafe condition.

DATES: Comments must be received by January 30, 2004.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2002-NM-338-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: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2002-NM-338-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, 1600 Stewart Avenue, Westbury, New York.

FOR FURTHER INFORMATION CONTACT: Sarbhpreet Singh Sawhney, Aerospace 
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York 
Aircraft Certification Office, 1600 Stewart Avenue, Westbury, New York

[[Page 75472]]

11590; telephone (516) 228-7340; fax (516) 794-5531

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 action may be changed in 
light of the comments received.
    Submit comments using the following format:
    [sbull] 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.
    [sbull] For each issue, state what specific change to the proposed 
AD is being requested.
    [sbull] 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 action must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2002-NM-338-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. 2002-NM-338-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-8-102, -103, -106, -201, -202, -
301, -311, and -315 airplanes. TCCA advises that it has received a 
report of a contact condition between the lockwire pigtail of a 
particular fitting and the stiffener located on the inside surface of a 
wing fuel access cover. Investigation revealed that these particular 
fittings were installed facing the outboard side of the wing, rather 
than the inboard side. This condition, if not corrected, could result 
in contact between the lockwire pigtail of the fitting and the 
stiffener located on the inside surface of the fuel access covers of 
the wings. Such contact could serve as a potential ignition source 
within the fuel tank if a cover is struck by lightning, which could 
result in possible fuel tank explosion.

Explanation of Relevant Service Information

    Bombardier has issued Alert Service Bulletin A8-28-33, Revision 
``A,'' dated October 10, 2002, which describes the following 
procedures:
    [sbull] A general visual inspection to verify proper installation 
of the fitting assemblies and lockwire located on the vent and scavenge 
lines routed immediately below the fuel tank access covers on both 
wings, and corrective actions if necessary. These corrective actions 
include changing the orientation of the fitting assembly; performing a 
general visual inspection of the O-ring for damage; replacing any 
damaged O-ring with a new O-ring; and replacing the lockwire with a new 
lockwire if necessary.
    [sbull] A general visual inspection of the stiffeners on the 
underside of fuel tank access covers on both wings for signs of chafing 
damage caused by incorrect orientation of the lockwire tail, and 
removal of damage.
    Accomplishment of the actions specified in the service bulletin is 
intended to adequately address the identified unsafe condition. TCCA 
classified this service bulletin as mandatory and issued Canadian 
airworthiness directive CF-2002-44, dated October 22, 2002, 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, TCCA has kept the FAA informed of 
the situation described above. The FAA has examined the findings of 
TCCA, 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 service bulletin described previously, 
except as discussed below.

Difference Between Proposed Rule and Referenced Service Bulletin/
Canadian Airworthiness Directive

    Although the service bulletin specifies that operators may contact 
the manufacturer for disposition of certain damage conditions, this 
proposal would require operators to remove the damage per a method 
approved by either the FAA or the TCCA (or its delegated agent). In 
light of the type of removal that would be required to address the 
unsafe condition, and consistent with existing bilateral airworthiness 
agreements, we have determined that, for this proposed AD, removal of 
damage approved by either the FAA or TCAA would be acceptable for 
compliance with this proposed AD.
    Operators should note that, although the Canadian airworthiness 
directive and the Accomplishment Instructions of the referenced service 
bulletin describe procedures for reporting inspection findings to the 
airplane manufacturer, this proposed AD would not require those 
actions. The FAA does not need this information from operators.

Cost Impact

    The FAA estimates that 172 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed inspections, and that the 
average labor rate is $65 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$11,180, or $65 per airplane.
    The cost impact figure discussed above is 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,

[[Page 75473]]

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.


Sec.  39.13  [Amended]

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

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket 2002-NM-338-
AD.

    Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes, serial numbers 003 through 586 inclusive; 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent contact between the lockwire pigtail of the fitting 
and the stiffener located on the inside surface of the fuel access 
covers of the wings, which could serve as a potential ignition 
source within the fuel tank if a cover is struck by lightning and 
result in possible fuel tank explosion, accomplish the following:

Inspection of Fitting Assemblies and Lockwire

    (a) Within 12 months after the effective date of this AD, do a 
general visual inspection to verify proper installation of the 
fitting assemblies and the lockwire located on the vent and scavenge 
lines routed immediately below the fuel tank access covers on both 
wings by accomplishing all the actions specified in Part A of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
28-33, Revision ``A,'' dated October 10, 2002. Do the actions per 
the service bulletin.

    Note 1: 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 from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight 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.''

Corrective Actions for Any Improperly Installed Fitting Assembly or 
Lockwire

    (b) If any fitting assembly is found to be improperly installed 
during the general visual inspection required by paragraph (a) of 
this AD, before further flight, do the actions specified in 
paragraphs (b)(1) and (b)(2) of this AD per Part A of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
28-33, Revision ``A,'' dated October 10, 2002.
    (1) Change the orientation of the fitting assembly.
    (2) Perform a general visual inspection of the O-ring for 
damage, and replace any damaged O-ring with a new O-ring.
    (c) If any lockwire is found to be improperly installed during 
the general visual inspection required by paragraph (a) of this AD, 
before further flight, replace the lockwire with a new lockwire, per 
Part A of the Accomplishment Instructions of Bombardier Alert 
Service Bulletin A8-28-33, Revision ``A,'' dated October 10, 2002.

Inspection of the Stiffeners

    (d) Within 12 months after the effective date of this AD, do a 
general visual inspection of the stiffeners on the underside of fuel 
tank access covers on both wings for signs of chafing damage caused 
by incorrect orientation of the lockwire tail, per Part B of the 
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
28-33, Revision ``A,'' dated October 10, 2002.

Corrective Action for Chafing Damage

    (e) If any chafing damage is found during the general visual 
inspection required by paragraph (d) of this AD, before further 
flight, remove the damage per Part B of the Accomplishment 
Instructions of Bombardier Alert Service Bulletin A8-28-33, Revision 
``A,'' dated October 10, 2002, except where the service bulletin 
recommends contacting Bombardier for damage in excess of the given 
limits, before further flight, repair per a method approved by 
either the Manager, New York Aircraft Certification Office (ACO), 
FAA; or the Transport Canada Civil Aviation (TCCA) (or its delegated 
agent).

Exception to Service Bulletin Reporting

    (f) Although the service bulletin referenced in this AD 
specifies to report inspection findings to the airplane 
manufacturer, this AD does not include such a requirement.

Alternative Methods of Compliance

    (g) In accordance with 14 CFR 39.19, the Manager, New York 
Aircraft Certification Office (ACO), FAA, is authorized to approve 
alternative methods of compliance for this AD.

    Note 2: The subject of this AD is addressed in Canadian 
airworthiness directive CF-2002-44, dated October 22, 2002.


    Issued in Renton, Washington, on December 19, 2003.
Ali Bahrami,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 03-32133 Filed 12-30-03; 8:45 am]
BILLING CODE 4910-13-P