[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37775-37777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13728]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-366-AD; 
Amendment 39-15571; AD 2008-13-08]
RIN 2120-AA64


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

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

ACTION: Final rule.

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

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 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. * * *

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

DATES: This AD becomes effective August 6, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 6, 
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

[[Page 37776]]

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 23990). 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 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. 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 supplemental NPRM or on the 
determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed in the 
supplemental NPRM.

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 38 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 $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 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:

2008-13-08 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-15571. Docket No. FAA-2008-0178; Directorate Identifier 2007-NM-
366-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
6, 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.


[[Page 37777]]



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 (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 
inspection requirements of Dash 8 Q400 (Bombardier) Temporary 
Revision (TR) ALI-69, dated February 9, 2007, to Section 4, ``Fuel 
System Limitations,'' of Part 2, ``Airworthiness Limitation 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
------------------------------------------------------------------------
                                     Compliance time (whichever occurs
                                                  later)
           Description           ---------------------------------------
                                       Threshold         Grace period
------------------------------------------------------------------------
Tasks with 18,000 flight hours/   Before the          Within 6,000
 108-month inspection intervals.   accumulation of     flight hours or
                                   18,000 total        36 months after
                                   flight hours, or    the effective
                                   within 108 months   date of this AD,
                                   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 Dash 8 Q400 (Bombardier) TR ALI-69 
into the Airworthiness Limitations Section of the Bombardier Dash 8 
Q400 MRM PSM1-84-7. When this TR has been included in general 
revisions of the MRM, the general revisions may be inserted in the 
MRM, provided the relevant information in the general revision is 
identical to that in Dash 8 Q400 (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) 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 
ACO, 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 Dash 8 Q400 (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.

Material Incorporated by Reference

    (i) You must use Dash 8 Q400 (Bombardier) Temporary Revision 
ALI-69, dated February 9, 2007, to Section 4, ``Fuel System 
Limitations,'' of Part 2, ``Airworthiness Limitation Items,'' of the 
Bombardier Dash 8 Q400 Maintenance Requirements Manual, Product 
Support Manual 1-84-7, 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.

    Issued in Renton, Washington, on June 6, 2008.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-13728 Filed 7-1-08; 8:45 am]
BILLING CODE 4910-13-P