[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Proposed Rules]
[Pages 43092-43095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18059]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / 
Proposed Rules  

[[Page 43092]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0699; Directorate Identifier 2009-NM-236-AD]
RIN 2120-AA64


Airworthiness Directives; Viking Air Limited (Type Certificate 
Previously Held by Bombardier, Inc.) Model DHC-7 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the 
products listed above. 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:

    Viking Air Limited has completed a system safety review of the 
aircraft fuel system against fuel tank safety 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 would 
be required to prevent potential ignition sources within 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 September 7, 
2010.

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.
    For service information identified in this proposed AD, contact 
Viking Air Limited, 9574 Hampden Road, Sidney, British Columbia V8L 
8V5, Canada; telephone 250-656-7227; fax 250-656-0673; e-mail 
[email protected]; Internet http://www.vikingair.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

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 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: Richard Fiesel, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7304; 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-2010-0699; 
Directorate Identifier 2009-NM-236-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 have lengthened the 30-day comment period for proposed ADs that 
address MCAI originated by aviation authorities of other countries to 
provide adequate time for interested parties to submit comments. The 
comment period for these proposed ADs is now typically 45 days, which 
is consistent with the comment period for domestic transport ADs.
    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

    The FAA has examined the underlying safety issues involved in fuel 
tank explosions on several large transport airplanes, including the 
adequacy of existing regulations, the service history of airplanes 
subject to those regulations, and existing maintenance practices for 
fuel tank systems. As a result of those findings, we issued a 
regulation titled ``Transport Airplane Fuel Tank System Design Review, 
Flammability Reduction and Maintenance and Inspection Requirements'' 
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards 
for transport airplanes and new maintenance requirements, this rule 
included Special Federal Aviation Regulation No. 88 (``SFAR 88,'' 
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt

[[Page 43093]]

airworthiness directives to mandate any changes found necessary to 
address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: Single failures, single failures in 
combination with a latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    We have determined that the actions identified in this AD are 
necessary to reduce the potential of ignition sources inside fuel 
tanks, which, in combination with flammable fuel vapors, could result 
in fuel tank explosions and consequent loss of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-15, dated April 17, 2009 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    Viking Air Limited has completed a system safety review of the 
aircraft fuel system against fuel tank safety 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 would 
be required to prevent potential ignition sources within the fuel 
system, which could result in a fuel tank explosion. Viking Air 
Limited has revised Chapter 5 of the DHC-7 Maintenance Manual, PSM 
1-7-2, 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.

Relevant Service Information

    Viking Air Limited has issued Temporary Revisions 5-106, 5-107, 5-
108, 5-109, 5-110, 5-111, 5-112, and 5-113, all dated December 15, 
2008, to the Viking DHC-7 Dash 7 Maintenance Manual, PSM-1-7-2, Chapter 
5. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

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.

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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 11 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 $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $935, or $85 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, Incorporation by 
reference, 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.


Sec.  39.13  [Amended]

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

Viking Air Limited (Type Certificate Previously Held by Bombardier, 
Inc.): Docket No. FAA-2010-0699; Directorate Identifier 2009-NM-236-
AD.

Comments Due Date

    (a) We must receive comments by September 7, 2010.

Affected ADs

    (b) None.

[[Page 43094]]

Applicability

    (c) This AD applies to Viking Air Limited (Type Certificate 
previously held by Bombardier, Inc.) Model DHC-7-1, DHC-7-100, DHC-
7-101, DHC-7-102, and DHC-7-103 airplanes; certificated in any 
category.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    Viking Air Limited has completed a system safety review of the 
aircraft fuel system against fuel tank safety 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 would 
be required to prevent potential ignition sources within the fuel 
system, which could result in a fuel tank explosion. * * *
    The corrective action is revising the Airworthiness Limitations 
Section of the Instructions for Continued Airworthiness to 
incorporate new limitations for fuel tank systems.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 60 days after the effective date of this AD, 
incorporate all the fuel system limitation (FSL) tasks as specified 
in the temporary revisions (TR) listed in Table 1 of this AD, to 
Chapter 5 of the Viking DHC-7 Dash 7 Maintenance Manual (MM), PSM 1-
7-2; and incorporate Section 5-10-30, as specified in Viking Air 
Limited TR 5-106, dated December 15, 2008, to Chapter 5 of the 
Viking DHC-7 Dash 7 MM.

    Note 1:  This may be done by inserting copies of the TRs 
identified in paragraph (g) of this AD in the MM. When these TRs 
have been included in general revisions of the MM, the general 
revisions may be inserted in the MM, provided the relevant 
information in the general revision is identical to that in the TRs 
identified in paragraph (g) of this AD.

    (h) At the applicable time in paragraphs (h)(1), (h)(2), (h)(3), 
and (h)(4) of this AD, do the initial inspections in accordance with 
the applicable TR identified in Table 1 of this AD.
    (1) For Tasks FSL-01, FSL-02, FSL-03, FSL-04 and FSL-05: Inspect 
at the later of the times in paragraphs (h)(1)(i) and (h)(1)(ii) of 
this AD.
    (i) Prior to the accumulation of 18,000 total flight hours.
    (ii) Within 6,000 flight hours or within 36 months after the 
effective date of this AD, whichever occurs first.
    (2) For Task FSL-06: Inspect at the later of the times in 
paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Prior to the accumulation of 40,000 total flight hours.
    (ii) Within 6,000 flight hours or within 36 months after the 
effective date of this AD, whichever occurs first.
    (3) For Task FSL-07: Within 1 month after the effective date of 
this AD.
    (4) For Task FSL-08: Inspect at the later of the times in 
paragraphs (h)(4)(i) and (h)(4)(ii) of this AD.
    (i) Prior to the accumulation of 4,000 total flight hours.
    (ii) Within 2,000 flight hours or within 12 months after the 
effective date of this AD, whichever occurs first.

                                          Table 1--Temporary Revisions
----------------------------------------------------------------------------------------------------------------
                                                    Viking Air
                      Task                          Limited TR                          Date
----------------------------------------------------------------------------------------------------------------
FSL-01.........................................             5-107  December 15, 2008.
FSL-02.........................................             5-108  December 15, 2008.
FLS-06.........................................             5-109  December 15, 2008.
FSL-07.........................................             5-110  December 15, 2008.
FSL-08.........................................             5-111  December 15, 2008.
FSL-03.........................................             5-112  December 15, 2008.
FSL-04 and FSL-05..............................             5-113  December 15, 2008.
----------------------------------------------------------------------------------------------------------------

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service 
information as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York Aircraft Certification Office (ACO), ANE-170, 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: Program 
Manager, Continuing Operational Safety, FAA, New York ACO, 1600 
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax 516-794-5531. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office. The AMOC approval letter must 
specifically reference this AD.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2009-15, 
dated April 17, 2009; and the TRs identified in Table 2 of this AD 
for related information.

                                          Table 2--Service Information
----------------------------------------------------------------------------------------------------------------
         Viking Air Limited TR--                      To the--                            Dated--
----------------------------------------------------------------------------------------------------------------
5-106...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
5-107...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
5-108...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
5-109...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
5-110...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
5-111...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
5-112...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.

[[Page 43095]]

 
5-113...................................  Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
                                           2.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on July 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-18059 Filed 7-22-10; 8:45 am]
BILLING CODE 4910-13-P