[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Proposed Rules]
[Pages 23990-23992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9577]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-366-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This action revises the earlier NPRM by expanding the scope. 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:

    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 various fuel system components such as shields, 
harnesses, sleeves, and sealant] are required to prevent potential 
ignition sources inside the fuel system, which could result in a 
fuel tank explosion. * * *

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 May 21, 2008.

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.

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

[[Page 23991]]

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: 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:

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-2008-0178; 
Directorate Identifier 2007-NM-366-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://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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
February 19, 2008 (73 FR 9053). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that earlier NPRM was issued, we have determined that the 
initial compliance times for doing the tasks specified in paragraph 
(f)(1) of the earlier NPRM must be reduced. That earlier NPRM resulted 
from Canadian Airworthiness Directive CF-2007-33, dated December 17, 
2007 (referred to after this as ``the MCAI'').
    The MCAI does not provide an initial compliance time for doing the 
tasks. In the earlier NPRM, we proposed an initial compliance time that 
started from the effective date of the AD; or the date of issuance of 
the original Canadian standard airworthiness certificate or the date of 
issuance of the original Canadian export certificate of airworthiness; 
whichever occurs later. Although unstated in the MCAI, we have 
determined that the intent of the MCAI is for the initial compliance 
time to start from the initial delivery date of the airplane in order 
to address the identified unsafe condition in a timely manner. We have 
also revised the initial compliance times for clarity by providing a 
threshold and grace period for the tasks. We have revised paragraphs 
(f)(1)(i) and (f)(1)(ii) of this supplemental NPRM accordingly. You may 
obtain further information by examining the MCAI in the AD docket.

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.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed 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

    Based on the service information, we estimate that this proposed AD 
would affect about 38 products of U.S. registry. We also estimate that 
it would take about 1 work-hour per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $3,040, 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 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, 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.

[[Page 23992]]

Sec.  39.13  [Amended]

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

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2008-
0178; Directorate Identifier 2007-NM-366-AD.

Effective Date

    (a) We must receive comments by May 21, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-400, DHC-8-
401, and DHC-8-402 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.

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 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 various fuel system components such as shields, 
harnesses, sleeves, and sealant] are required to prevent potential 
ignition sources inside the fuel system, which could result in a 
fuel tank explosion. Revision has been made to Part 2 
``Airworthiness Limitation Items'' of the DHC-8-400 Maintenance 
Requirements Manual 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.

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 
inspection requirements of Bombardier Temporary Revision ALI-69, 
dated February 9, 2007, to Section 4, ``Fuel System Limitations,'' 
of Part 2, ``Airworthiness Limitations Items,'' of the Bombardier 
Dash 8 Q400 Maintenance Requirements Manual, Product Support Manual 
(PSM) 1-84-7 (``the TR to the MRM''). For all fuel system 
limitations tasks contained in the TR to the MRM, the initial 
compliance times start at the later of the ``Threshold'' and ``Grace 
Period'' times specified in Table 1 of this AD, and the repetitive 
inspections must be accomplished thereafter at the interval 
specified in the TR to the MRM, except as provided by paragraphs 
(f)(2) and (g)(1) of this AD.

         Table 1.--Initial Compliance Times for Limitation Tasks
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                               Compliance time (whichever occurs later)
         Description         -------------------------------------------
                                    Threshold           Grace period
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Tasks with 18,000 flight      Before the            Within 6,000 flight
 hours/108 month inspection    accumulation of       hours or 36 months
 intervals.                    18,000 total flight   after the effective
                               hours, or within      date of this AD,
                               108 months since      whichever occurs
                               new, whichever        first.
                               occurs first.
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    Note 2: The actions required by paragraph (f)(1) of this AD may 
be done by inserting a copy of Bombardier TR ALI-69 into the 
Airworthiness Limitations section of the Dash 8 Q400 MRM 1-84-7. 
When this TR has been included in general revisions of the MRM, the 
general revisions may be inserted in the PSM, provided the relevant 
information in the general revision is identical to that in 
Bombardier TR ALI-69.

    (2) After accomplishing the actions specified in paragraph 
(f)(1) of this AD, no alternative inspections or inspection 
intervals may be used unless the inspections or inspection intervals 
are part of a later revision of Bombardier Dash 8 Q400 MRM, PSM 1-
84-7, Revision 4, dated October 30, 2003, that is approved by the 
Manager, New York Aircraft Certification Office (ACO), FAA, or 
Transport Canada Civil Aviation (TCCA) (or its delegated agent); or 
unless the inspections or inspection 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 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-2007-33, 
dated December 17, 2007; and Bombardier Temporary Revision ALI-69, 
dated February 9, 2007, to Section 4, ``Fuel System Limitations,'' 
of Part 2, ``Airworthiness Limitations Items'' of the Bombardier 
Dash 8 Q400 MRM PSM 1-84-7.

    Issued in Renton, Washington, on April 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-9577 Filed 4-30-08; 8:45 am]
BILLING CODE 4910-13-P