[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Proposed Rules]
[Pages 48703-48706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19552]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0570; Directorate Identifier 2013-NM-094-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-8-102, -103, -106, -201, -202, -301, 
-311, and -315 airplanes. This proposed AD was prompted by fuel system 
reviews conducted by the manufacturer. This proposed AD would require 
revising the maintenance or inspection program to incorporate new 
limitations for fuel tank systems. We are proposing this AD to prevent 
potential ignition sources within the fuel system, which could result 
in a fuel tank explosion.

DATES: We must receive comments on this proposed AD by October 2, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. 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 by searching for and locating Docket No. FAA-2014-
0570; or in person at the Docket Management Facility 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: Morton Lee, Propulsion Engineer, 
Propulsion & Services Branch, ANE-173; FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New 
York 11590; telephone 516-228-7355; fax 516-794-5531.

[[Page 48704]]


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-2014-0570; 
Directorate Identifier 2013-NM-094-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

    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 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, combination of 
failures, and unacceptable (failure) experience. For all three failure 
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 proposed 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-
2007-32R2, dated June 27, 2013 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Bombardier, Inc. Model DHC-8-102, -103, -
106, -201, -202, -301, -311, and -315 airplanes. The MCAI states:

    Bombardier Aerospace has completed a system safety review of the 
aeroplanes fuel system against fuel tank safety standards * * *. The 
identified non-compliances were then assessed * * *, to determine if 
mandatory corrective action is required.
    The assessment showed that supplemental maintenance tasks are 
required to prevent potential ignition sources within the fuel 
system, which could result in a fuel tank explosion. Revisions have 
been made to Part 2 ``Airworthiness Limitations List'' of the DHC-8 
Maintenance Program Manuals to introduce the required maintenance 
tasks.
    Revision 1 of this [Canadian] AD was issued to clarify the 
phase-in schedule for tasks FSL-02 and FSL-17.
    Revision 2 of this [Canadian] AD is issued to correct the 
effective date of AD CF-2013-07 [http://www.casa.gov.au/scripts/nc.dll?WCMS:OLDASSET::svPath=/ADFiles/over/dhc-8/,svFileName=CF-2013-07.pdf] referenced in Part III of the Corrective Actions and to 
clarify the revised phase-in schedules in Part II and Part III of 
the Corrective Actions.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0570.

Relevant Service Information

    Bombardier, Inc. has issued the following service information. The 
actions described in this service information are intended to correct 
the unsafe condition identified in the MCAI.
     Bombardier Temporary Revision AWL-110, dated August 31, 
2007, to Part 2, ``Airworthiness Limitations,'' of Bombardier Dash 8 
Series 100 Maintenance Program Manual (MPM), Product Support Manual 
(PSM) 1-8-7.
     Bombardier Temporary Revision AWL 2-43, dated August 31, 
2007, to Part 2, ``Airworthiness Limitations,'' of Bombardier Dash 8 
Series 200 MPM, PSM 1-82-7.
     Bombardier Temporary Revision AWL 3-109, dated August 31, 
2007, to Part 2, ``Airworthiness Limitations,'' of Bombardier Dash 8 
Series 300 MPM, PSM 1-83-7.

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.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and/or 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and/or CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions 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 
(j)(1) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
operational safety of the airplane.

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions,

[[Page 48705]]

such as a repair. Briefly, the Airworthy Product paragraph allowed 
owners/operators to use corrective actions provided by the manufacturer 
if those actions were FAA-approved. In addition, the paragraph stated 
that any actions approved by the State of Design Authority (or its 
delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), we proposed to prevent the use of repairs 
that were not specifically developed to correct the unsafe condition, 
by requiring that the repair approval provided by the State of Design 
Authority or its delegated agent specifically refer to the FAA AD. This 
change was intended to clarify the method of compliance and to provide 
operators with better visibility of repairs that are specifically 
developed and approved to correct the unsafe condition. In addition, we 
proposed to change the phrase ``its delegated agent'' to include a 
design approval holder (DAH) with State of Design Authority design 
organization approval (DOA), as applicable, to refer to a DAH 
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The 
proposed wording, being specific to repairs, eliminates the 
interpretation that Airbus messages are acceptable for approving minor 
deviations (corrective actions) needed during accomplishment of an AD 
mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions must be accomplished using a method 
approved by the FAA, or Transport Canada Civil Aviation (TCCA), or 
Bombardier, Inc.'s TCCA Design Approval Organization (DAO).
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the DAO, the approval must include the DAO-authorized 
signature. The DAO signature indicates that the data and information 
contained in the document are TCCA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer 
that do not contain the DAO-authorized signature approval are not TCCA-
approved, unless TCCA directly approves the manufacturer's message or 
other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.

Costs of Compliance

    We estimate that this proposed AD affects 122 airplanes 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 this proposed AD on U.S. operators to be $10,370, 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 proposed 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.

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

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 airworthiness 
directive (AD):

Bombardier, Inc.: Docket No. FAA-2014-0570; Directorate Identifier 
2013-NM-094-AD.

[[Page 48706]]

(a) Comments Due Date

    We must receive comments by October 2, 2014.

(b) Affected ADs

    This AD affects AD 2008-13-09, Amendment 39-15572 (73 FR 47029, 
August 13, 2008).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 airplanes, certificated in any 
category, serial numbers (S/N) 003 through 624 inclusive, and 626.

(d) Subject

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

(e) Reason

    This AD was prompted by fuel system reviews conducted by the 
manufacturer. We are issuing this AD to prevent potential ignition 
sources within the fuel system, which could result in a fuel tank 
explosion.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 30 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to include fuel 
system limitation (FSL) Task Numbers FSL-02 and FSL-17, as specified 
in the applicable temporary revision (TR) identified in paragraph 
(g)(1), (g)(2), or (g)(3) of this AD. The initial compliance times 
for accomplishing the tasks are specified in paragraphs (h)(1), 
(h)(2), and (h)(3) of this AD. Doing this revision terminates the 
requirements of paragraph (f) of AD 2008-13-09, Amendment 39-15572 
(73 FR 47029, August 13, 2008), for Task Numbers FSL-02 and FSL-17 
only.
    (1) Bombardier TR AWL-110, dated August 31, 2007, to Part 2, 
``Airworthiness Limitations,'' of Bombardier Dash 8 Series 100 
Maintenance Program Manual (MPM), Product Support Manual (PSM) 1-8-
7.
    (2) Bombardier TR AWL 2-43, dated August 31, 2007, to Part 2, 
``Airworthiness Limitations,'' of Bombardier Dash 8 Series 200 MPM, 
PSM 1-82-7.
    (3) Bombardier TR AWL 3-109, dated August 31, 2007, to Part 2, 
``Airworthiness Limitations,'' of Bombardier Dash 8 Series 300 MPM, 
PSM 1-83-7.

(h) Phase-in Compliance Times

    For airplanes having S/Ns 003 through 624, and S/N 626, the 
initial compliance times are specified in paragraphs (h)(1), (h)(2), 
and (h)(3) of this AD, as applicable.
    (1) For airplanes having S/Ns 003 through 624 on which the 
applicable modification summaries (ModSums) specified in paragraphs 
(h)(1)(i), (h)(1)(ii), and (h)(1)(iii) of this AD have been 
incorporated before the effective date of this AD: The compliance 
time for the initial inspection in FSL Task Number FSL-02 and the 
initial functional check in FSL Task Number FSL-17 is within 6,000 
flight hours or 36 months after the effective date of this AD, 
whichever occurs first. Airplane configurations can be a combination 
of the configurations specified in paragraphs (h)(1)(i), (h)(1)(ii), 
and (h)(1)(iii) of this AD.
    (i) For airplanes having S/Ns 003 through 624: Bombardier ModSum 
Package 8Q101512, Revision G, dated June 10, 2009; and Bombardier 
ModSum Package 8Q101865, Revision B, dated May 26, 2008.
    (ii) For airplanes having S/Ns 003 through 624 with auxiliary 
power unit (APU) option: Bombardier ModSum Package 8Q902144, 
Revision E, dated June 17, 2009.
    (iii) For airplanes having S/Ns 003 through 624 with a long-
range fuel system installed: Bombardier ModSum Package 8Q902091, 
Revision C, dated December 22, 2006.
    (2) For airplanes having S/Ns 003 through 624 on which the 
applicable ModSum packages specified in paragraphs (h)(1)(i), 
(h)(1)(ii), and (h)(1)(iii) of this AD have not been incorporated 
before the effective date of this AD: The compliance time for the 
initial inspection in FSL Task Number FSL-02 and the initial 
functional check in FSL Task Number FSL-17 is before further flight 
after incorporation of all applicable ModSum packages specified in 
paragraphs (h)(1)(i), (h)(1)(ii), and (h)(1)(iii) of this AD. 
Airplane configurations can be a combination of the configurations 
specified in paragraphs (h)(1)(i), (h)(1)(ii), and (h)(1)(iii) of 
this AD.
    (3) For the airplane having serial number 626: The initial 
compliance time is at the applicable time specified in paragraph 
(h)(3)(i) or (h)(3)(ii) of this AD.
    (i) If Bombardier ModSum Package 8Q902091, Revision C, dated 
December 22, 2006, has been incorporated before the effective date 
of this AD: The compliance time for doing the initial inspection 
specified in FSL Task Number FSL-02 and the initial functional check 
specified in FSL Task Number FSL-17 is within 6,000 flight hours or 
within 36 months after the effective date of this AD, whichever 
occurs first.
    (ii) If Bombardier ModSum Package 8Q902091 Revision C, dated 
December 22, 2006, has not been incorporated before the effective 
date of this AD: The compliance time for doing the initial 
inspection in FSL Task Number FSL-02 and the initial functional 
check in FSL Task Number FSL-17 is before further flight after 
incorporation of Bombardier ModSum Package 8Q901091.

(i) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections), intervals, and/
or CDCCLs may be used unless the actions, intervals, and/or CDCCLs 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (j) of this 
AD.

(j) Other FAA AD Provisions

    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. 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, NY 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or Transport 
Canada Civil Aviation (TCCA), or Bombardier, Inc.'s TCCA Design 
Approval Organization (DAO). If approved by the DAO, the approval 
must include the DAO-authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Canadian Airworthiness Directive CF-2007-32R2, dated June 27, 
2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0570.
    (2) For 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. You may view this service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at 
the FAA, call 425-227-1221.

     Issued in Renton, Washington, on August 7, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19552 Filed 8-15-14; 8:45 am]
BILLING CODE 4910-13-P