[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37786-37788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14916]


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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; 
Amendment 39-17096; AD 2012-12-16]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc. 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 certain 
Bombardier, Inc. Model DHC-8-400 series airplanes. This AD was prompted 
by reports of cracking of certain fuel access panels of the outer wing. 
This AD requires 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 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.

DATES: This AD becomes effective July 30, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 30, 
2012.

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: Aziz Ahmed, Aerospace Engineer, 
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 40, Westbury, New York 
11590; telephone (516) 228-7329; 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 March 27, 2012 (77 
FR 18135). That NPRM proposed 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 AD allows repetitive external detailed 
inspections for cracking of the fuel access panels and, replacing if 
necessary, until the internal inspection is done. This AD also requires 
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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 18135, March 27, 
2012) 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.

Costs of Compliance

    We estimate that this AD will affect 74 products of U.S. registry. 
We also estimate that it will take about 36 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 $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 this AD to the 
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 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 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 AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://

[[Page 37787]]

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 (77 FR 18135, March 27, 
2012), 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:

2012-12-16 Bombardier, Inc.: Amendment 39-17096. Docket No. FAA-
2012-0298; Directorate Identifier 2011-NM-072-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 30, 
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 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 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 by 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) 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 specified by 
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 specified 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 in 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 specified in 
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,

[[Page 37788]]

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; as applicable.

(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) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) Bombardier Service Bulletin 84-57-22, Revision B, dated 
February 16, 2011.
    (ii) Bombardier Service Bulletin 84-57-23, Revision B, dated 
February 16, 2011.
    (3) For Bombardier, Inc. service information identified in this 
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.
    (4) 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.
    (5) 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 an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on June 11, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-14916 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-13-P