[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Rules and Regulations]
[Pages 7690-7692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02754]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0694; Project Identifier MCAI-2021-00305-T; 
Amendment 39-21919; AD 2022-03-02]
RIN 2120-AA64


Airworthiness Directives; De Havilland Aircraft of Canada Limited 
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain De Havilland Aircraft of Canada Limited Model DHC-8-401 and -
402 airplanes. This AD was prompted by reports of a possible hard 
contact between the #2 top high level sensor (HLS) terminal screw head 
and the #6 outer wing fuel access panel stiffener flange. This AD 
requires removing and replacing or reworking the #6 outer wing fuel 
access panel assembly. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective March 17, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 17, 
2022.

ADDRESSES: For service information identified in this final rule, 
contact De Havilland Aircraft of Canada Limited, 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 https://dehavilland.com. You may view this service information 
at the FAA, Airworthiness Products Section, Operational Safety Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. It is also 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0694.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0694; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Thomas Niczky, Aerospace Engineer, 
Avionics and Electrical Systems Section, FAA, New York ACO Branch, 1600 
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7347; 
fax 516-794-5531; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2021-08, dated March 9, 
2021 (TCCA AD CF-2021-08) (also referred to after this as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for De Havilland Aircraft of Canada Limited Model DHC-
8-401 and -402 airplanes, serial numbers 4001 and 4003 through 4628 
inclusive. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0694.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain De Havilland 
Aircraft of Canada Limited Model DHC-8-401 and -402 airplanes. The NPRM 
published in the Federal Register on August 24, 2021 (86 FR 47258). The 
NPRM was prompted by reports of a possible hard contact between the #2 
top HLS terminal screw head and the #6 outer wing fuel access panel 
stiffener flange. The NPRM proposed to require removing and replacing 
or reworking the #6 outer wing fuel access panel assembly. The FAA is 
issuing this AD to address the possibility of electrical arcing during 
a lightning strike, which could be a source of ignition inside the fuel 
tank. See the MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment. The Air 
Line Pilots Association, International, supported the NPRM.

Request To Specify the Latest Revision of the Service Information

    Horizon Air requested that the specified service information in 
paragraphs (g)(1) and (2) of the proposed AD be updated to the latest 
revision: De Havilland Aircraft of Canada Limited Service Bulletin 84-
57-35, Revision B, dated June 9, 2021. Horizon Air also requested that 
De Havilland Aircraft of Canada Limited Service Bulletin 84-57-35, 
Revision A, dated February 11, 2021, be added to paragraph (i) of the 
proposed AD in order to give credit for incorporating that revision.
    The FAA agrees, De Havilland Aircraft of Canada Limited Service 
Bulletin 84-57-35, Revision B, dated June 9, 2021, revises a NOTE and 
steps to include all part numbers of access panel #6. These changes do 
not affect operators who use previous revisions of the service 
information to show compliance with this AD. There are no substantive 
changes to the procedures between Revision B of the service information 
and Revision A of the service information, which was proposed as 
required in the NPRM. The FAA has updated this AD as requested.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described

[[Page 7691]]

previously and minor editorial changes. The FAA has determined that 
these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Service Bulletin 
84-57-35, Revision B, dated June 9, 2021. This service information 
describes procedures for replacing or reworking the #6 outer wing fuel 
access panel assembly. The rework involves an eddy current or 
fluorescent liquid penetrant inspection of the rework area for crack 
indications. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 54 airplanes of U.S. 
registry. For either replacement or repair of the #6 outer wing fuel 
access panel, depending on the option selected by the operator to 
comply with this AD, the FAA estimates the following costs:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                       Labor cost                  Parts cost             Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement..................  Up to 10 work-hours x $85 per  Up to $16,430...........  Up to $17,280.
                                hour = Up to $850.
Repair.......................  13 work-hours x $85 per hour   $49.....................  $1,154.
                                = $1,105.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, 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.

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 airworthiness 
directive:

2022-03-02 De Havilland Aircraft of Canada Limited (Type Certificate 
Previously Held by Bombardier, Inc.): Amendment 39-21919; Docket No. 
FAA-2021-0694; Project Identifier MCAI-2021-00305-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 17, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited Model 
DHC-8-401 and -402 airplanes, certificated in any category, serial 
numbers 4001 and 4003 through 4628 inclusive.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by reports of a possible hard contact 
between the #2 top high level sensor (HLS) terminal screw head and 
the #6 outer wing fuel access panel stiffener flange. The FAA is 
issuing this AD to address the possibility of electrical arcing 
during a lightning strike, which could be a source of ignition 
inside the fuel tank.

(f) Compliance

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

(g) Required Actions

    Within 8,000 flight hours after the effective date of this AD: 
Do the actions specified in paragraph (g)(1) or (2) of this AD.
    (1) Replace the #6 outer wing fuel access panel assembly in 
accordance with Section 3.B., Part A, of the Accomplishment 
Instructions of De Havilland Aircraft of Canada Limited Service 
Bulletin 84-57-35, Revision B, dated June 9, 2021.
    (2) Rework the #6 outer wing fuel access panel assembly, 
including an eddy current or fluorescent liquid penetrant inspection 
for crack indications of the rework area, in accordance with Section 
3.B., Part B, of the Accomplishment Instructions of De Havilland 
Aircraft of Canada Limited Service Bulletin 84-57-35, Revision B, 
dated June 9, 2021. If any crack indication is found, before further 
flight, repair using a method approved in accordance with the 
procedures specified in paragraph (j)(2) of this AD.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a #6 
outer wing fuel access panel assembly, part numbers (P/Ns) 85714233-
003/-004 and 85714233-005/-006, on any airplane.

[[Page 7692]]

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using De Havilland Aircraft of Canada Limited 
Service Bulletin 84-57-35, dated October 1, 2020; or De Havilland 
Aircraft of Canada Limited Service Bulletin 84-57-35, Revision A, 
dated February 11, 2021.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, 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 responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 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 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or De 
Havilland Aircraft of Canada Limited'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) TCCA AD CF-2021-08, dated March 9, 2021, for related 
information. This MCAI may be found in the AD docket on the internet 
at https://www.regulations.gov by searching for and locating Docket 
No. FAA-2021-0694.
    (2) For more information about this AD, contact Thomas Niczky, 
Aerospace Engineer, Avionics and Electrical Systems Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7347; fax 516-794-5531; email [email protected].
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(4) and (5) of this AD.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) De Havilland Aircraft of Canada Limited Service Bulletin 84-
57-35, Revision B, dated June 9, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact De 
Havilland Aircraft of Canada Limited, 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 
https://dehavilland.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this 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, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 19, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-02754 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-13-P