[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Rules and Regulations]
[Pages 54213-54215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20207]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2002-NM-338-AD; Amendment 39-13788; AD 2004-18-10]
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: Final rule.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain Bombardier Model DHC-8-102, -103, -106, -201, -
202, -301, -311, and -315 airplanes, that requires 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 amendment also 
requires 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: Effective October 13, 2004.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 13, 2004.

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, 1600 Stewart Avenue, suite 410, Westbury, New York; 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/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Mazdak Hobbi, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; (516) 228-7330; fax (516) 256-5531.

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-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes was 
published in the Federal Register on December 31, 2003 (68 FR 75471). 
That action proposed to 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. That action also proposed to 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.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Request to Reference Original Issue of Service Bulletin

    One commenter requests that the notice of proposed rulemaking 
(NPRM) be revised to reference Bombardier Alert Service Bulletin A8-28-
33, dated June 3, 2002. The commenter notes that the NPRM refers to 
Bombardier Alert Service Bulletin A8-28-33, Revision ``A,'' dated 
October 10, 2002, as the appropriate source of service information for 
the proposed actions. The commenter states that Revision ``A'' only 
removed the eddy current and fluorescent dye penetrant inspections, and 
that the original service bulletin accomplishes the same intent as 
Revision ``A.'' The commenter concludes that including the original 
service bulletin in the NPRM will eliminate the need to request 
alternative methods of compliance with the NPRM.
    We agree with the commenter that accomplishment of the actions 
before the effective date of this AD in accordance with Bombardier 
Alert Service Bulletin A8-28-33, dated June 3, 2002, is acceptable for 
compliance with the corresponding requirements of this AD. In addition, 
Canadian airworthiness directive CF-2002-44, dated October 22, 2002, 
references the original service bulletin as the appropriate source of 
service information for accomplishing the required actions. Therefore, 
we have added a new paragraph (f) in the final rule to clarify this 
point and renumbered subsequent paragraphs.

Request to Extend Compliance Time

    One commenter requests that the compliance time for the proposed 
inspection be extended from 12 months to 36 months. This would allow 
most airplanes to be inspected during scheduled maintenance. The 
commenter states that the proposed inspections require tank entry, and 
that its normal tank entry interval is 11,500 flight hours or 
approximately every 4 years. The commenter considers that the adoption 
of the proposed compliance time of 12 months would require operators to 
schedule special times for the accomplishment of the inspections, at 
additional expense.
    We do not agree with the commenter's request to extend the 
compliance time. In developing an appropriate compliance time for this 
action, we considered the safety implications, parts availability, and 
normal maintenance schedules for timely accomplishment of the 
inspections. In addition, the 12-month compliance time coincides with 
Canadian airworthiness directive CF-2002-44. In consideration of these 
items, we have determined that 12 months represents an appropriate 
interval of time allowable wherein the inspections can be accomplished 
during scheduled maintenance intervals for the majority of affected 
operators, and wherein an acceptable level of safety can be maintained. 
However, under the provisions of paragraph (h) of the final rule, we 
may approve requests for adjustments to the compliance time if data are 
submitted to substantiate that such an adjustment would provide an 
acceptable level of safety.

[[Page 54214]]

Request To Allow Designated Engineering Representatives (DER) To 
Approve Repairs

    One commenter requests that paragraph (e) of the NPRM be revised to 
allow FAA DERs to approve repairs for damage in excess of the given 
limits. The commenter states that rework of chafing is a relatively 
minor structural repair, and the repair has no impact on the arcing 
condition for which the NPRM is being issued.
    We do not agree. Authority for this type of approval is normally 
retained by the responsible Aircraft Certification Office (ACO). We do 
not anticipate so many requests for this type of approval that 
delegation would be necessary to provide timely responses. Also, 
paragraph (e) of the final rule provides two additional sources of 
repair approval (i.e., the TCCA or its delegated agent).

Conclusion

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

Cost Impact

    The FAA estimates that 172 airplanes of U.S. registry will be 
affected by this AD, that it will take approximately 1 work hour per 
airplane to accomplish the required inspections, and that the average 
labor rate is $65 per work hour. Based on these figures, the cost 
impact of the 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 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.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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

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

2004-18-10 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-13788. 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).

[[Page 54215]]

Credit for Original Service Bulletin

    (f) Accomplishment of the applicable actions specified in this 
AD before the effective date of this AD per Bombardier Alert Service 
Bulletin A8-28-33, dated June 3, 2002, is acceptable for compliance 
with the corresponding requirements of this AD.

Exception to Service Bulletin Reporting

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

Alternative Methods of Compliance

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

Incorporation by Reference

    (i) Unless otherwise specified in this AD, the actions shall be 
done in accordance with Bombardier Alert Service Bulletin A8-28-33, 
Revision ``A,'' dated October 10, 2002. 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, 1600 Stewart Avenue, suite 410, 
Westbury, New York; 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/code_of_federal_regulations/ibr_locations.html.

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

Effective Date

    (j) This amendment becomes effective on October 13, 2004.

    Issued in Renton, Washington, on August 26, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-20207 Filed 9-7-04; 8:45 am]
BILLING CODE 4910-13-P