[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Proposed Rules]
[Pages 18135-18137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7357]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0298; Directorate Identifier 2011-NM-072-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Bombardier, Inc., Model DHC-8-400, -401, and -402 airplanes. 
This proposed AD was prompted by reports of cracking of certain fuel 
access panels of the outer wing. This proposed AD would require an 
external inspection, and if necessary an internal inspection, to 
determine if certain fuel access panels are installed, and replacement 
if necessary; optional repetitive inspections for cracking of the fuel 
access panels, and replacement if necessary, would defer the internal 
inspection; and eventual replacement of affected fuel access panels 
with new panels. We are proposing this AD to prevent cracking of fuel 
access panels, which could result in arcing and ignition of fuel vapor 
in the outer wing fuel tank during a lightning strike.

DATES: We must receive comments on this proposed AD by May 11, 2012.

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 W12-140, 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 
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, 
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; email [email protected]; Internet http://www.bombardier.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: Aziz Ahmed, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue. Westbury, NY 11590; 
telephone (516) 228-7329; 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-2012-0298; 
Directorate Identifier 2011-NM-072-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

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, has issued Canadian Airworthiness Directive CF-
2011-04, dated March 8, 2011 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for the specified products. The MCAI 
states:

    [Canadian] Airworthiness Directive (AD) CF-2005-37 was issued on 
11 October 2005 to address cracking of the outer wing fuel access 
panel, Part Number (P/N) 85714230-001. Similar cracking on an outer 
wing fuel access panel, P/N 85714231-001, has been reported. Further 
investigation revealed that certain fuel access panels may have seal 
grooves manufactured with non-conforming fillet radii which could 
lead to cracking. Cracking of the fuel access panel, if not 
corrected, could result in arcing and ignition of fuel vapor in the 
outer wing fuel tank during a lightning strike.
    This [TCCA] directive mandates the inspection and replacement of 
the affected fuel access panels.

Required actions include an external detailed inspection of the outer 
wing access panels for rivets of the identification plate, and an 
internal inspection of panels without rivets to determine if the 
identification plate is installed, and replacing the fuel access panel 
if necessary. As an option, this proposed AD would allow repetitive 
external detailed inspections for cracking of the fuel access panels 
and, replacing if necessary, until the internal inspection is done. 
This proposed AD would also require eventually replacing the affected 
fuel access panels with new fuel access panels. You may obtain further 
information by examining the MCAI in the AD docket.

[[Page 18136]]

Relevant Service Information

    Bombardier has issued Service Bulletin 84-57-22, Revision B, dated 
February 16, 2011; and Service Bulletin 84-57-23, Revision B, dated 
February 16, 2011. 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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 74 products of U.S. registry. We also estimate that 
it would take about 36 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Required parts would cost about $33,632 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 the proposed AD on U.S. operators to 
be $2,715,208, or $36,692 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);
    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.
    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:

Bombardier, Inc.: Docket No. FAA-2012-0298; Directorate Identifier 
2011-NM-072-AD.

(a) Comments Due Date

    We must receive comments by May 11, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes; certificated in any category; serial numbers 4001 and 
4003 through 4106 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57: Wings.

(e) Reason

    This proposed AD was prompted by reports of cracking of certain 
fuel access panels of the outer wing. We are issuing this AD to 
prevent cracking of fuel access panels, which could result in arcing 
and ignition of fuel vapor in the outer wing fuel tank during a 
lightning strike.

(f) Compliance

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

(g) Inspection and Replacement of Part Number (P/N) 85714231-001

    Within 600 flight hours after the effective date of this AD, do 
an external detailed inspection of the outer wing access panels 
having P/N 85714231-001 to locate the rivets of the identification 
plates, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-57-22, Revision B, dated February 16, 
2011. If the rivets of the identification plate are found, no 
further action is required by this paragraph for that fuel access 
panel. If the rivets of the identification plate cannot be found: 
Before further flight, do the actions specified in paragraph (g)(1) 
or (g)(2) of this AD.
    (1) Remove fuel access panels having part number (P/N) 85714231-
001 and inspect the panels to determine if the identification plate 
is installed, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-57-22, Revision B, dated February 16, 
2011. If the identification plate is found: No further action is 
required by paragraph (g) of this AD for that fuel access panel.
    (i) If the identification plate cannot be found, and the job 
detail number stamped on the underside of the access panel does not 
match any of those listed in table 1 of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-57-22, Revision B, 
dated February 16, 2011: No further action is required for paragraph 
(g) of this AD for that fuel access panel.
    (ii) If the identification plate cannot be found, and the job 
detail number stamped on the underside of the fuel access panel does 
match any of those specified in table 1 of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-57-22, Revision B, 
dated February 16, 2011: Before further flight, replace the fuel 
access panel with a new fuel access panel having P/N 85714231-003, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-57-22, Revision B, dated February 16, 2011.
    (2) Do an external detailed inspection on fuel access panels 
having P/N 85714231-001 for cracking, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-57-22, 
Revision B, dated February 16, 2011. If no cracking is found: Repeat 
the inspection thereafter at intervals not to exceed 600 flight 
hours until the replacement specified in paragraph (g)(2)(i)

[[Page 18137]]

of this AD, or the inspection specified in paragraph (g)(1) of this 
AD, is done.
    (i) If the fuel access panel is found cracked during any 
inspection required by this AD: Before further flight, replace the 
fuel access panel with a new fuel access panel having P/N 85714231-
003, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-57-22, Revision B, dated February 16, 
2011.
    (ii) Within 6,000 flight hours after the initial inspection 
required by paragraph (g)(2) of this AD, do the actions required in 
paragraph (g)(1) of this AD, unless the replacement required by 
paragraph (g)(2)(i) of this AD is done.

(h) Inspection and Replacement of P/N 85714232-001

    Within 1,200 flight hours after the effective date of this AD, 
do an external detailed inspection of the outer wing access panels 
having P/N 85714232-001 to locate the rivets of the identification 
plates, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-57-23, Revision B, dated February 16, 
2011. If the rivets of the identification plate are found: No 
further action is required by this paragraph for that fuel access 
panel. If the rivets of the identification plate cannot be found: 
Before further flight, do the actions in paragraph (h)(1) or (h)(2) 
of this AD.
    (1) Remove fuel access panels having P/N 85714232-001 and 
inspect the panels to determine if the identification plate is 
installed, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-57-23, Revision B, dated February 16, 
2011. If the identification plate is found: No further action is 
required by paragraph (h) of this AD for that fuel access panel.
    (i) If the identification plate cannot be found, and the job 
detail number stamped on the underside of the access panel does not 
match any of those specified in table 1 of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-57-23, Revision B, 
dated February 16, 2011: No further action is required by paragraph 
(h) of this AD for that fuel access panel.
    (ii) If the identification plate cannot be found, and the job 
detail number stamped on the underside of the fuel access panel does 
match any of those specified in table 1 of the Accomplishment 
Instructions of Bombardier Service Bulletin 84-57-23, Revision B, 
dated February 16, 2011: Before further flight, replace the fuel 
access panel with a new fuel access panel having P/N 85714232-003, 
in accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-57-23, Revision B, dated February 16, 2011.
    (2) Do an external detailed inspection on fuel access panels 
having P/N 85714232-001 for cracking, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-57-23, 
Revision B, dated February 16, 2011. If no cracking is found: Repeat 
the inspection thereafter at intervals not to exceed 1,200 flight 
hours until the replacement specified in paragraph (h)(2)(i) of this 
AD, or the inspection specified by paragraph (h)(1) of this AD is 
done.
    (i) If the fuel access panel is found cracked during any 
inspection required by this AD: Before further flight, replace the 
fuel access panel with a new fuel access panel having P/N 85714232-
003, in accordance with the Accomplishment Instructions of 
Bombardier Service Bulletin 84-57-23, Revision B, dated February 16, 
2011.
    (ii) Within 12,000 flight hours after the initial inspection 
required by paragraph (h)(2) of this AD, do the actions required by 
paragraph (h)(1) of this AD, unless the replacement required by 
paragraph (h)(2)(i) of this AD is done.

(i) Parts Installation

    As of the effective date of this AD, no person may install a 
fuel access panel having P/N 85714231-001 and a job detail number 
listed in table 1 of the Accomplishment Instructions of Bombardier 
Service Bulletin 84-57-22, Revision B, dated February 16, 2011; or 
having P/N 85714232-001 and a job detail number listed in table 1 of 
the Accomplishment Instructions of Bombardier Service Bulletin 84-
57-23, Revision B, dated February 16, 2011; on any airplane.

(j) Credit for Previous Actions

    This paragraph provides credit for inspections and fuel access 
panel replacements required by this AD, if those actions were 
performed before the effective date of this AD using Bombardier 
Service Bulletin 84-57-22, Revision A, dated December 9, 2010; or 
Bombardier Service Bulletin 84-57-23, Revision A, dated December 9, 
2010.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or local Flight Standards District Office, as appropriate. 
If sending information directly to the ACO, send it 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.

(l) Related Information

    Refer to MCAI Canadian Airworthiness Directive CF-2011-04, dated 
March 8, 2011, and the following service information, for related 
information.
    (1) Bombardier Service Bulletin 84-57-22, Revision B, dated 
February 16, 2011.
    (2) Bombardier Service Bulletin 84-57-23, Revision B, dated 
February 16, 2011.

    Issued in Renton, Washington on March 16, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-7357 Filed 3-26-12; 8:45 am]
BILLING CODE 4910-13-P