[Federal Register: August 13, 2009 (Volume 74, Number 155)]
[Proposed Rules]
[Page 40778-40781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au09-17]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0712; Directorate Identifier 2007-NM-152-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-100 and DHC-8-
200 Series Airplanes, and Model DHC-8-301, -311, and -315 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT)
ACTION: Notice of Proposed Rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier Model DHC-8-100 and DHC-8-200 series airplanes,
and DHC-8-301, -311, and -315 airplanes. This proposed AD would require
implementing a corrosion prevention and control program (CPCP) either
by accomplishing specific tasks or by revising the maintenance
inspection program to include a CPCP. This proposed AD results from the
determination that, as airplanes age, they are more likely to exhibit
indications of corrosion. We are proposing this AD to prevent
structural failure of the airplane due to corrosion.
DATES: We must receive comments on this proposed AD by September 14,
2009.
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.
[[Page 40779]]
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 20590, 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., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; e-mail
thd.qseries@aero.bombardier.com; 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 or 425-227-1152.
Examining the AD Docket
You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 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: Pong K. Lee, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7324; 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-2009-0712;
Directorate Identifier 2007-NM-152-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 because of 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, notified us that an unsafe condition may exist on
certain Bombardier Model DHC-8-100 and DHC-8-200 series airplanes, and
Model DHC-8-301, -311, and -315 airplanes. TCCA advises that, as
airplanes age, they are more likely to exhibit indications of
corrosion. Operators must implement a Corrosion Prevention and Control
Program (CPCP) that identifies specific areas to be inspected to
minimize and control deterioration of the airplane from corrosion. This
condition, if not corrected, could result in structural failure of the
airplane.
Relevant Service Information
Bombardier has issued Part 1, Section 3, Structural Inspection
Program, of the following de Havilland Dash 8 Maintenance Program MRB
(Maintenance Review Board) Reports. In this proposed AD, we refer to
these publications as the ``manual.''
Program Support Manual (PSM) 1-8-7, Revision 22, dated
November 1, 2008, for Bombardier Model DHC-8-100 series airplanes.
PSM 1-82-7, Revision 13, dated November 1, 2008, for
Bombardier Model DHC-8-200 series airplanes.
PSM 1-83-7, Revision 22, dated November 1, 2008, for
Bombardier Model DHC-8-300 series airplanes.
The manual provides a basic structural inspection schedule, which
is intended to ensure continuous airworthiness. Only primary structures
defined as Structurally Significant Items (SSIs) and secondary
structures whose failure may adversely affect the systems' functions
are included in the manual. Canadian airworthiness requirements state
that the aircraft maintenance program must identify specific
inspections under the CPCP. For the affected airplanes, the CPCP
includes a complete re-analysis of the structural inspection program,
supported by in-service engineering findings. New and revised tasks
identified as CPCP are annotated in the manual as ED/CPCP. ED stands
for ``environmental damage.''
TCCA mandated the service information and issued Canadian
Airworthiness Directive CF-2007-06, dated April 10, 2007, to ensure the
continued airworthiness of these airplanes in Canada.
Levels of Corrosion
The Canadian Airworthiness Directive refers to levels of corrosion.
For the purposes of this proposed AD, the levels are defined in Part 1
of the Bombardier (de Havilland) DHC-6 Twin Otter, Dash 7 & Dash 8
Corrosion Prevention and Control Manual PSM 1-GEN-5, Revision 3, dated
November 30, 1998, as follows:
Level 1 corrosion:
1. Occurs between repetitive inspections, is local, and can be
reworked within certain limits; or
2. Is local but exceeds allowable limits and is attributed to an
event not typical of the usage of the other airplanes in the operator's
fleet; or
3. Exceeds allowable limits but for which only light corrosion has
been found in previous inspections.
Level 2 corrosion:
1. Occurs between repetitive inspections and exceeds allowable
limits, necessitating a repair or complete replacement of a structural
significant element; or
2. Occurs between repetitive inspections, is widespread, and
requires a rework approaching allowable limits.
Level 3 corrosion is found during initial or repetitive
inspections and is determined to be a potentially urgent unsafe
condition necessitating expeditious action.
FAA's Determination and Requirements of the Proposed AD
These airplanes are manufactured in Canada and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, TCCA has kept the FAA informed of
the situation described above. We have examined TCCA's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
implementing a CPCP either by accomplishing specific tasks or by
revising the maintenance inspection program to include a CPCP. The
proposed AD would require you to use the manual described previously to
perform these actions. The proposed AD also would require you to report
findings of Level 3 corrosion to the airplane manufacturer and to the
FAA.
[[Page 40780]]
Costs of Compliance
This proposed AD would affect about 154 airplanes of U.S. registry.
There are between 16 and 17 specific inspections, depending on the
applicable manual identified in Table 1 of this AD. The proposed
inspections would take about 53 work hours per airplane, per inspection
cycle, at an average labor rate of $80 per work hour. Based on these
figures, the estimated cost of the proposed AD for U.S. operators is
$652,960, or $4,240 per airplane, per inspection cycle.
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 have 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 that the 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. See the
ADDRESSES section for a location to examine the regulatory evaluation.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2009-
0712; Directorate Identifier 2007-NM-152-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
14, 2009.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model DHC-8-101, 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; serial
numbers 003 and subsequent.
Subject
(d) Air Transport Association (ATA) of America Codes 32: Landing
Gear, 51: Standard Practices/Structures; 52: Doors; 53: Fuselage;
54: Nacelles/Pylons; 55: Stabilizers; and 57: Wings.
Unsafe Condition
(e) This AD results from the determination that, as airplanes
age, they are more likely to exhibit indications of corrosion. We
are issuing this AD to prevent structural failure of the airplane
due to corrosion.
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Manual References
(g) This AD refers to the manuals listed in Table 1 of this AD.
Table 1--Applicable Manuals
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Bombardier model Manual
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(1) DHC-8-101, -102, -103, Part 1, Section 3, Structural Inspection
and -106 airplanes. Program, of the Dash 8 Maintenance
Program MRB (Maintenance Review Board)
Report Program Support Manual (PSM) 1-8-
7, Revision 22, dated November 1, 2008.
(2) DHC-8-201 and DHC-8-202 Part 1, Section 3, Structural Inspection
airplanes. Program, of the Dash 8 Maintenance
Program MRB Report PSM 1-82-7, Revision
13, dated November 1, 2008.
(3) Model DHC-8-301, DHC-8- Part 1, Section 3, Structural Inspection
311, and DHC-8-315 airplanes. Program, of the Dash 8 Maintenance
Program MRB Report PSM 1-83-7, Revision
22, dated November 1, 2008.
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Inspections
(h) At the later of the times specified in paragraphs (h)(1) and
(h)(2) of this AD, do each of the Environmental Damage/Corrosion
Protection and Control Program (ED/CPCP) inspections, including re-
protection tasks, as applicable, in accordance with the applicable
manual identified in Table 1 of this AD. Except as provided by
paragraph (i) of this AD, repeat each task thereafter at intervals
not to exceed the compliance time specified in the ``Repeat'' column
of the applicable manual identified in Table 1 of this AD.
(1) Within 24 months after the effective date of this AD.
(2) At the compliance time specified in the ``Threshold'' column
of the applicable manual identified in Table 1 of this AD since the
date of issuance of the original Canadian airworthiness certificate
or the date of issuance of the original Canadian export certificate
of airworthiness. If there is no value in the ``Threshold'' column,
use the time specified in the ``Repeat'' column.
(i) After accomplishment of each initial ED/CPCP task required
by paragraph (h) of this AD, the FAA may approve the incorporation
into the operator's approved maintenance/inspection program of the
CPCP specified in the applicable manual identified in Table 1 of
this AD; or the equivalent program that is approved in accordance
with this AD. In all cases, the initial corrosion task for each
airplane area must be completed by the initial compliance time
specified in paragraph (h) of this AD.
(1) Any operator complying with paragraph (i) of this AD may use
an alternative recordkeeping method to that otherwise
[[Page 40781]]
required by section 91.417 (``Maintenance records'') or section
121.380 (``Maintenance recording requirements'') of the Federal
Aviation Regulations (14 CFR 91.417 or 14 CFR 121.380, respectively)
for the actions required by this AD, provided that the recordkeeping
method is approved by the FAA and is included in a revision to the
maintenance/inspection program. For the purposes of this paragraph,
``the FAA'' is defined as the cognizant Principal Maintenance
Inspector (PMI) for operators that are assigned a PMI (i.e., part
121, 125, and 135 operators), and the cognizant Flight Standards
District Office for other operators (i.e., part 91 operators).
(2) After the initial accomplishment of the ED/CPCP tasks
required by paragraph (h) of this AD, any extension of the
repetitive intervals specified in the manual must be approved by the
Manager, New York Aircraft Certification Office (ACO), FAA.
Corrective Actions
(j) If any corrosion is found during accomplishment of any
action required by paragraph (h) of this AD: Before further flight,
rework, repair, or replace, as applicable, in accordance with a
method approved by either the Manager, New York ACO, FAA; or
Transport Canada Civil Aviation (TCCA) (or its delegated agent).
Reporting Requirements for Level 3 Corrosion Findings
(k) If any Level 3 corrosion, as defined in Part 1 of the
Bombardier (de Havilland) DHC-6 Twin Otter, Dash 7 & Dash 8
Corrosion Prevention and Control Manual PSM 1-GEN-5, Revision 3,
dated November 30, 1998, is found during the accomplishment of any
action required by this AD, do paragraphs (k)(1), (k)(2), and (k)(3)
of 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.
(1) Within 3 days after the finding of Level 3 corrosion, report
findings to the Manager, New York ACO, FAA, in accordance with the
Bombardier (de Havilland) DHC-6 Twin Otter, Dash 7 & Dash 8
Corrosion Prevention and Control Manual PSM 1-GEN-5, Revision 3,
dated November 30, 1998.
(2) Within 10 days after the finding of Level 3 corrosion,
either submit a plan to the FAA to identify a schedule for
accomplishing the applicable CPCP task on the remainder of the
airplanes in the operator's fleet that are subject to this AD, or
provide data substantiating that the Level 3 corrosion that was
found is an isolated case. The FAA may impose a schedule other than
that proposed in the plan upon finding that a change to the schedule
is needed to ensure that any other Level 3 corrosion is detected in
a timely manner. For the purposes of this paragraph, ``the FAA'' is
defined as the cognizant Principal Maintenance Inspector (PMI) for
operators that are assigned a PMI (i.e., part 121, 125, and 135
operators), and the cognizant Flight Standards District Office for
other operators (i.e., part 91 operators).
(3) Within the time schedule approved in accordance with
paragraph (k)(2) of this AD, accomplish the applicable task on the
remainder of the airplanes in the operator's fleet that are subject
to this AD.
Limiting Future Corrosion Findings
(l) If corrosion findings that exceed Level 1 are found in any
area during any repeat of any CPCP task after the initial
accomplishment required by paragraph (h) of this AD: Within 60 days
after such finding, implement a means approved by the FAA to reduce
future findings of corrosion in that area to Level 1 or better. For
the purposes of this paragraph, ``the FAA'' is defined as the
cognizant PMI for operators that are assigned a PMI (i.e., part 121,
125, and 135 operators), and the cognizant Flight Standards District
Office for other operators (i.e., part 91 operators).
Scheduling Corrosion Tasks for Transferred Airplanes
(m) Before any airplane subject to this AD is transferred and
placed into service by an operator: Establish a schedule for
accomplishing the CPCP tasks required by this AD in accordance with
paragraph (m)(1) or (m)(2) of this AD, as applicable.
(1) For airplanes on which the CPCP tasks required by this AD
have been accomplished previously at the schedule established by
this AD: Perform the first CPCP task in each area in accordance with
the previous operator's schedule, or in accordance with the new
operator's schedule, whichever results in an earlier accomplishment
of that CPCP task. After the initial accomplishment of each CPCP
task in each area as required by this paragraph, repeat each CPCP
task in accordance with the new operator's schedule.
(2) For airplanes on which the CPCP tasks required by this AD
have not been accomplished previously, or have not been accomplished
at the schedule established by this AD: The new operator must
perform each initial CPCP task in each area before further flight or
in accordance with a schedule approved by the FAA. For the purposes
of this paragraph, ``the FAA'' is defined as the cognizant Principal
Maintenance Inspector (PMI) for operators that are assigned a PMI
(i.e., part 121, 125, and 135 operators), and the cognizant Flight
Standards District Office for other operators (i.e., part 91
operators).
Alternative Methods of Compliance (AMOCs)
(n)(1) The Manager, New York ACO, 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: Pong K. Lee, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone (516) 228-7324; fax (516) 794-
5531.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as appropriate, or lacking a
principal inspector, your local Flight Standards District Office.
The AMOC approval letter must specifically reference this AD.
Related Information
(o) Canadian airworthiness directive CF-2007-06, dated April 10,
2007, also addresses the subject of this AD.
Issued in Renton, Washington, on August 3, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-19420 Filed 8-12-09; 8:45 am]
BILLING CODE 4910-13-P