[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Proposed Rules]
[Page 12912-12915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr08-21]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0266; Directorate Identifier 2008-NM-013-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-8-315
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 the
products listed above. This proposed
[[Page 12913]]
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
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. 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 it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by April 10, 2008.
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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: Mazdak Hobbi, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7330; 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-2008-0266;
Directorate Identifier 2008-NM-013-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 aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2008-03, dated January 3, 2008 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:
Bombardier Aerospace has completed a system safety review of the
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. 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 it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. Revisions have been made to Part 2
``Airworthiness Limitations List'' of the Maintenance Program
Manuals of the affected models to introduce the required CDCCL.
The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to include the CDCCL
data. You may obtain further information by examining the MCAI in the
AD docket.
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, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four 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 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.
Relevant Service Information
Bombardier has issued de Havilland temporary revisions (TRs) to
Part 2
[[Page 12914]]
``Airworthiness Limitations List'' (AWL) of the de Havilland Dash 8
Series Maintenance Program Manuals (MPMs). The TRs are listed in the
following table titled ``TRs to the DHC-8 MPMs.''
TRs to the DHC-8 MPMs
------------------------------------------------------------------------
de Havilland TR TR date de Havilland MPM
------------------------------------------------------------------------
AWL-98........................ April 12, 2006... Dash 8 Series 100
MPM, Product Support
Manual (PSM) 1-8-7.
AWL 2-35...................... April 12, 2006... Dash 8 Series 200
MPM, PSM 1-82-7.
AWL 3-103..................... April 12, 2006... Dash 8 Series 300
MPM, PSM 1-83-7.
------------------------------------------------------------------------
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.
This proposed AD would allow revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness in
accordance with later revisions of the MPM as an acceptable method of
compliance if the CDCCL is part of a later approved MPM revision, or if
the CDCCL is approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (g)(1) of this
proposed AD.
In most ADs, we adopt a compliance time allowing a specified amount
of time after the AD's effective date. In this case, however, the FAA
has already issued regulations that require operators to revise their
maintenance/inspection programs to address fuel tank safety issues. The
compliance date for these regulations is December 16, 2008. To provide
for coordinated implementation of these regulations and this proposed
AD, we are using this same compliance date in this proposed AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 118 products 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 $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $9,440, or $80 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); 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.
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, 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. (Formerly de Havilland, Inc.): Docket No. FAA-2008-
0266; Directorate Identifier 2008-NM-013-AD.
Comments Due Date
(a) We must receive comments by April 10, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Bombardier Model DHC-8-102, DHC-8-
103, DHC-8-106, DHC-8-201, DHC-8-202, DHC-8-301, DHC-8-311, and DHC-
8-315 airplanes, certificated in any category, all serial numbers.
[[Page 12915]]
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
aircraft fuel system against fuel tank safety standards introduced
in Chapter 525 of the Airworthiness Manual through Notice of
Proposed Amendment (NPA) 2002-043. 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 it is necessary to introduce Critical
Design Configuration Control Limitations (CDCCL), in order to
preserve critical fuel tank system ignition source prevention
features during configuration changes such as modifications and
repairs, or during maintenance actions. Failure to preserve critical
fuel tank system ignition source prevention features could result in
a fuel tank explosion. Revisions have been made to Part 2
``Airworthiness Limitations List'' of the Maintenance Program
Manuals of the affected models to introduce the required CDCCL.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to include
the CDCCL data.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) For all airplanes: Within 60 days after the effective date
of this AD, or before December 16, 2008, whichever occurs first,
revise the Airworthiness Limitations section of the Instructions for
Continued Airworthiness to incorporate the CDCCL data specified in
the applicable temporary revision (TR) to the applicable maintenance
program manual (MPM). The TRs are listed in Table 1 of this AD.
Table 1.--Temporary Revisions
------------------------------------------------------------------------
Maintenance program
Model de Havilland TR manual
------------------------------------------------------------------------
DHC-8-102, DHC-8-103, and DHC- AWL-98, dated Part 2,
8-106 airplanes. April 12, 2006. ``Airworthiness
Limitations List,''
of de Havilland Dash
8 Series 100 MPM,
Product Support
Manual (PSM) 1-8-7.
DHC-8-201, and DHC-8-202 AWL 2-35, dated Part 2,
airplanes. April 12, 2006. ``Airworthiness
Limitations List,''
of de Havilland Dash
8 Series 200 MPM,
PSM 1-82-7.
DHC-8-301, DHC-8-311, and DHC- AWL 3-103, dated Part 2,
8-315 airplanes. April 12, 2006. ``Airworthiness
Limitations List,''
of de Havilland Dash
8 Series 300 MPM,
PSM 1-83-7.
------------------------------------------------------------------------
Note 1: The revisions required by paragraph (f)(1) of this AD
may be done by inserting a copy of the applicable TR into the
applicable maintenance program manual. When the TR has been included
in the general revision of the maintenance program, the general
revision may be inserted into the maintenance program manual,
provided the relevant information in the general revision is
identical to that in the applicable TR, and the temporary revision
may be removed.
(2) After accomplishing the actions specified in paragraph
(f)(1) of this AD, no alternative CDCCLs may be used unless the
CDCCLs are part of a later revision of Part 2, ``Airworthiness
Limitations List,'' of the applicable de Havilland Dash 8 Series MPM
listed in Table 2 of this AD, that is approved by the Manager, New
York Aircraft Certification Office (ACO), FAA, or Transport Canada
Civil Aviation (or its delegated agent); or unless the CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (g)(1) of this AD.
Table 2.--MPMs
------------------------------------------------------------------------
Model MPM
------------------------------------------------------------------------
DHC-8-102, DHC-8-103, and DHC- Part 2, ``Airworthiness Limitations
8-106 airplanes. List,'' of de Havilland Dash 8 Series
100 MPM, PSM 1-8-7, Revision 17, dated
April 19, 2005.
DHC-8-201, and DHC-8-202 Part 2, ``Airworthiness Limitations
airplanes. List,'' of de Havilland Dash 8 Series
200 MPM, PSM 1-82-7, Revision 5, dated
August 15, 2001.
DHC-8-301, DHC-8-311, and DHC- Part 2, ``Airworthiness Limitations
8-315 airplanes. List,'' of de Havilland Dash 8 Series
300 MPM, PSM 1-83-7, Revision 16, dated
August 15, 2001.
------------------------------------------------------------------------
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, 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: Mazdak Hobbi, Aerospace
Engineer, Airframe and Propulsion Branch, ANE-171, FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516) 228-7330; fax (516) 794-
5531. Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
(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.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.
Related Information
(h) Refer to MCAI Canadian Airworthiness Directive CF-2008-03,
dated January 3, 2008, and the TRs specified in Table 1 of this AD,
for related information.
Issued in Renton, Washington, on March 5, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-4772 Filed 3-10-08; 8:45 am]
BILLING CODE 4910-13-P