[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Rules and Regulations]
[Pages 37258-37261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15364]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0036; Directorate Identifier 2010-NM-230-AD; 
Amendment 39-16729; AD 2011-13-06]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series 
Airplanes

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

ACTION: Final rule.

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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 
aeroplanes fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043 [which corresponds with the FAA's 
Special Federal Aviation Regulation (SFAR) 88]. 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 a number of modifications to the fuel 
system are required to mitigate unsafe conditions that could result 
in potential ignition source within the fuel system.

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

DATES: This AD becomes effective August 1, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 1, 
2011.

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: James Delisio, Aerospace Engineer, 
Propulsion and Services Branch, ANE-173, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone (516) 228-7321; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on February 7, 2011 (76 
FR 6584). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    Bombardier Aerospace has completed a system safety review of the 
aeroplanes fuel system against fuel tank safety standards introduced 
in chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043 [which corresponds with the FAA's 
Special Federal Aviation Regulation (SFAR) 88]. 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 a number of modifications to the fuel 
system are required to mitigate unsafe conditions that could result 
in potential ignition source within the fuel system.

The Bombardier modifications include:
     Modsum 4-126330, ``Fuel Tank System Design Left and Right 
Side (SFAR 88) Retrofit.'' The retrofit includes replacing certain 
fittings, couplings, o-rings, gaskets, fuel adapter, and other related 
components with new, improved parts; applying Alodine 1132 to certain 
areas of a wing rib and a wing spar; and replacing a certain doubler on 
the front wing spar with a new, improved doubler.
     Modsum 4-126366, ``Fuel Tank System and Fuel Indication--
Wiring Identification, Segregation and Installation (High Level Sensor 
and Fuel Quantity Indication)--Retrofit.'' The retrofit includes adding 
new wiring with protective sleeving, reworking existing wiring, 
labeling and separating the fuel quantity indicating (FQI) wiring and 
high level sensor wiring from other wiring, enhancing the electro-
magnetic interference (EMI) shielding of the wiring connected to the 
vent valve position switch, and installing additional provisions 
(bulkhead brackets) for wiring clips in the center fuselage.
     Modsum 4-901425, ``Fuel Feed to APU--Replacement of 
Couplings in Center Wing Left Side--SFAR 88.''
     Modsum 4-126370, ``Fuel Tank System--Enhance Protective 
Covering for Electrical Cable Assembly,'' which includes reworking the 
contact area on the rib at Yw-42.000 to ensure adequate electrical 
bonding, installing spiral wrap on certain cable assemblies where 
existing spiral wrap does not extend 4 inches past the tie mounts, 
applying a dome seal on thread openings on a high level sensor, and 
installing fuel grommets at certain locations.
     Modsum 4-113580, ``Fuel Indication--High Level Sensor--
Application of Sealant to Exposed End of Sensor Terminal Block Screws--
Special Inspection and Rectification,'' which includes doing a detailed 
inspection of the high level sensor for correct sealant coverage (`dome 
seal') on the terminal screws, and applying sealant if necessary.
    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 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.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in

[[Page 37259]]

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 67 products of U.S. registry. 
We also estimate that it will take about 526 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $37,696 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $5,521,202, or $82,406 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

    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 that this AD:
    (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),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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

    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:

2011-13-06 Bombardier, Inc.: Amendment 39-16729. Docket No. FAA-
2011-0036; Directorate Identifier 2010-NM-230-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
1, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401, 
and -402 airplanes, certificated in any category; with serial 
numbers (S/N) 4003, 4004, 4006, and 4008 through 4205 inclusive.

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 
aeroplanes fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043 [which corresponds with the FAA's 
Special Federal Aviation Regulation (SFAR) 88]. 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 a number of modifications to the fuel 
system are required to mitigate unsafe conditions that could result 
in potential ignition source within the fuel system.

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 Applicable to Airplanes Having S/N 4003, 4004, 4006 & 4008 
through 4118

    (g) For airplanes having S/Ns 4003, 4004, 4006, and 4008 through 
4118 inclusive: Within 6,000 flight hours after the effective date 
of this AD, incorporate the modifications required in paragraphs 
(g)(1), (g)(2), and (g)(3) of this AD, as applicable.
    (1) Incorporate Bombardier Modsum 4-126330, ``Fuel Tank System 
Design Left and Right Side (SFAR 88) Retrofit,'' by doing all the 
applicable actions in the Accomplishment Instructions of Bombardier 
Service Bulletin 84-57-09, Revision B, dated September 3, 2008.
    (2) Incorporate Bombardier Modsum 4-126366, ``Fuel Tank System 
and Fuel Indication--Wiring Identification, Segregation and 
Installation (High Level Sensor and Fuel Quantity Indication)--
Retrofit,'' by doing all the applicable actions in the 
Accomplishment Instructions of Bombardier Service Bulletin 84-28-04, 
Revision B, dated October 21, 2009.
    (3) For airplanes on which Bombardier Modsum 4-302000, 
``Standard Option--APU Installation,'' has been installed: 
Incorporate Bombardier Modsum 4-901425, ``Fuel Feed to APU--
Replacement of Couplings in Center Wing Left Side--SFAR 88,'' by 
doing all the applicable actions in the Accomplishment Instructions 
of Bombardier Service Bulletin 84-28-05, dated June 28, 2006.
    (h) For airplanes having S/Ns 4003, 4004, 4006, and 4008 through 
4118 inclusive, do Bombardier Fuel System Limitation (FSL) Task 
284000-417 (Functional Check of the Fuel Tank Components and 
Plumbing Lines for Electrical Bonding) contained in Section 4-1, 
Fuel System Limitations, of Part 2--Airworthiness Limitation Items, 
Revision 5, dated April 21, 2010, of Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7, at the applicable times 
specified in paragraphs (h)(1) and (h)(2) of

[[Page 37260]]

this AD. Where the task specifies contacting Bombardier for 
technical assistance, this AD requires repairs/rework actions in 
accordance with a method approved by the Manager, New York Aircraft 
Certification Office (ACO), FAA, or Transport Canada Civil Aviation 
(TCCA) (or its delegated agent).
    (1) Except as provided in paragraphs (h)(1)(i) and (h)(1)(ii) of 
this AD, for airplanes that have incorporated either Bombardier 
Modsum 4-126330 or 4-901425 prior to the effective date of this AD: 
Do Bombardier Task 284000-417 in Section 4-1, Fuel System 
Limitations, of Part 2--Airworthiness Limitation Items, Revision 5, 
dated April 21, 2010, of Bombardier Q400 Dash 8 Maintenance 
Requirements Manual, PSM 1-84-7, within 6,000 flight hours after the 
effective date of this AD.
    (i) Airplanes on which Bombardier Task 284000-417 in Section 4-
1, Fuel System Limitations, of Part 2--Airworthiness Limitation 
Items, Revision 5, dated April 21, 2010, of Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7, was successfully 
completed after incorporation of Bombardier Modsum 4-126330 or 4-
901425 do not need to comply with the requirements of paragraph (h) 
of this AD.
    (ii) Airplanes on which Bombardier Modsum 4-126330 or 4-901425 
was incorporated during manufacturing of the airplane do not need to 
comply with the requirements of paragraph (h) of this AD.
    (2) For airplanes on which neither Bombardier Modsum 4-126330 
nor 4-901425 were incorporated before the effective date of this AD: 
Do Bombardier Task 284000-417 in Section 4-1, Fuel System 
Limitations, of Part 2--Airworthiness Limitation Items, Revision 5, 
dated April 21, 2010, of Bombardier Q400 Dash 8 Maintenance 
Requirements Manual, PSM 1-84-7, upon completion of the 
incorporation of Bombardier Modsum 4-126330 and, if applicable, 
Bombardier Modsum 4-901425.

Actions Applicable to Airplanes S/N 4003, 4004, 4006 & 4008 Through 
4118 Inclusive, Manufactured Before September 21, 2005

    (i) For airplanes having S/N 4003, 4004, 4006, and 4008 through 
4118 inclusive, on which the date of issuance of the original 
Canadian standard airworthiness certificate or the date of issuance 
of the original Canadian export certificate of airworthiness is 
before September 21, 2005: Within 6,000 flight hours after the 
effective date of this AD, incorporate Bombardier Modsum 4-126370, 
``Fuel Tank System--Enhance Protective Covering for Electrical Cable 
Assembly,'' by doing all the applicable actions in the 
Accomplishment Instructions of Bombardier Service Bulletin 84-28-03, 
Revision C, dated May 15, 2009.

Actions Applicable to Airplanes S/N 4003, 4004, 4006 & 4008 Through 
4118 Inclusive, Manufactured on or After September 21, 2005

    (j) For airplanes having S/Ns 4003, 4004, 4006, and 4008 through 
4118 inclusive, on which the date of issuance of the original 
Canadian standard airworthiness certificate or the date of issuance 
of the original Canadian export certificate of airworthiness is on 
or after September 21, 2005: Within 12,000 flight hours after the 
effective date of this AD, incorporate Bombardier Modsum 4-126370, 
``Fuel Tank System--Enhance Protective Covering for Electrical Cable 
Assembly,'' by doing all the applicable actions in the 
Accomplishment Instructions of Bombardier Service Bulletin 84-28-03, 
Revision C, dated May 15, 2009.

Actions Applicable to Airplanes S/N 4119 Through 4205 Inclusive

    (k) For airplanes having S/N 4119 through 4205 inclusive: Within 
6,000 flight hours after the effective date of this AD, incorporate 
Bombardier Modsum 4-113580, ``Fuel Indication--High Level Sensor--
Application of Sealant to Exposed End of Sensor Terminal Block 
Screws--Special Inspection and Rectification,'' by doing all the 
applicable actions in the Accomplishment Instructions of Bombardier 
Service Bulletin 84-28-07, dated August 1, 2008.

Credit for Actions Accomplished in Accordance With Previous Service 
Information

    (l) Incorporation of Bombardier Modsum 4-126330 prior to the 
effective date of this AD according to the instructions contained in 
Bombardier Service Bulletin 84-57-09, Revision A, dated March 19, 
2007, meets the requirements of paragraph (g)(1) of this AD.
    (m) Incorporation of Bombardier Modsum 4-126366 prior to the 
effective date of this AD according to the instructions contained in 
Bombardier Service Bulletin 84-28-04, dated June 29, 2006; or 
Revision A, dated November 15, 2006; meets the requirements of 
paragraph (g)(2) of this AD.
    (n) Incorporation of Bombardier Modsum 4-126370 prior to the 
effective date of this AD according to instructions contained in 
Bombardier Service Bulletin 84-28-03, Revision B, dated October 18, 
2006, meets the requirements of paragraphs (i) and (j) of this AD.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service 
information as follows: The MCAI specifies to do Bombardier Task 
284000-417 in Section 4-1, Fuel System Limitations, of Part 2--
Airworthiness Limitation Items, Revision 5, dated April 21, 2010, of 
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7, 
but does not specify what to do if the functional check finds that 
measured resistance exceeds the specified values. This AD requires 
contacting the Manager, New York ACO, FAA, or TCCA (or its delegated 
agent) for repair/rework instructions.

Other FAA AD Provisions

    (o) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, ANE-
170, 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: 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, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding 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.

Related Information

    (p) Refer to MCAI Canadian Airworthiness Directive CF-2010-31, 
dated September 3, 2010; Bombardier Task 284000-417 in Section 4-1, 
Fuel System Limitations, of Part 2--Airworthiness Limitation Items, 
Revision 5, dated April 21, 2010, of Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7; and the Bombardier 
service bulletins identified in Table 1 of this AD; for related 
information.

                  Table 1--Relevant Service Information
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 Bombardier service bulletin--       Revision--            Dated--
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84-28-03.......................  C.................  May 15, 2009.
84-28-04.......................  B.................  October 21, 2009.
84-28-05.......................  Original..........  June 28, 2006.
84-28-07.......................  Original..........  August 1, 2008.
84-57-09.......................  B.................  September 3, 2008.
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[[Page 37261]]

Material Incorporated by Reference

    (q) You must use Bombardier Task 284000-417 in Section 4-1, Fuel 
System Limitations, of Part 2--Airworthiness Limitation Items, 
Revision 5, dated April 21, 2010, of Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7, and the service 
information contained in Table 2 of this AD, as applicable, to do 
the actions required by this AD, unless the AD specifies otherwise. 
The revision level for Bombardier Task 284000-417 in Section 4-1, 
Fuel System Limitations, of Part 2--Airworthiness Limitation Items, 
Revision 5, dated April 21, 2010, of Bombardier Q400 Dash 8 
Maintenance Requirements Manual, PSM 1-84-7, is specified only on 
the title page and page 1 of the record of Revisions of that 
document. Page 4 of Section 4-1, Fuel System Limitations, of Part 
2--Airworthiness Limitation Items, Revision 5, dated April 21, 2010, 
of Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-
7, is not listed in the Table of Contents of that document.
    (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., 400 C[ocirc]te-Vertu Road West, Dorval, 
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail [email protected]; Internet http://www.bombardier.com.
    (3) You may review copies of the 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.
    (4) You may also review copies of the service information that 
is incorporated by reference 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.

          Table 2--Service Bulletins Incorporated by Reference
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            Document                  Revision               Date
------------------------------------------------------------------------
Bombardier Service Bulletin 84-  C.................  May 15, 2009
 28-03.
Bombardier Service Bulletin 84-  B.................  October 21, 2009
 28-04.
Bombardier Service Bulletin 84-  Original..........  June 28, 2006
 28-05.
Bombardier Service Bulletin 84-  Original..........  August 1, 2008
 28-07.
Bombardier Service Bulletin 84-  B.................  September 3, 2008
 57-09.
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    Issued in Renton, Washington, on June 10, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-15364 Filed 6-24-11; 8:45 am]
BILLING CODE 4910-13-P