Airworthiness Directives; Bombardier Model DHC-8-400, DHC-8-401, and DHC-8-402 Airplanes, 12907-12910 [E8-4771]
Download as PDF
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Proposed Rules
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc. (Formerly Canadair):
Docket No. FAA–2008–0268; Directorate
Identifier 2008–NM–050–AD.
Comments Due Date
(a) We must receive comments by April 10,
2008.
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Affected ADs
(b) None.
Applicability
(c) This AD applies to all Bombardier
Model CL–600–2C10 (Regional Jet Series 700,
701 & 702), CL–600–2D15 (Regional Jet Series
705), and CL–600–2D24 (Regional Jet Series
900) Airplanes, certificated in any category,
all serial numbers.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
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Jkt 214001
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. Revision has
been made to Bombardier CL–600–2C10, CL–
600–2D15, CL–600–2D24 Maintenance
Requirements Manual, CSP B–053, Part 2,
Section 3, ‘‘Fuel System Limitations’’ 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) Within 60 days after the effective date
of this AD, or before December 16, 2008,
whichever occurs first, revise the ALS of the
Instructions for Continued Airworthiness to
incorporate the CDCCL data specified in CRJ
700/900 Series Regional Jet (Bombardier)
Temporary Revision 2–222, dated March 30,
2006, to Section 3, ‘‘Fuel System
Limitations,’’ of Part 2 of Bombardier CL–
600–2C10, CL–600–2D15 and CL–600–2D24
Maintenance Requirements Manual CSP B–
053.
Note 1: The actions required by paragraph
(f)(1) of this AD may be done by inserting a
copy of the applicable TR into the applicable
maintenance requirements manual. When the
TR has been included in the general revision
of the maintenance program, the general
revision may be inserted into the
maintenance requirements 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 Section
3, ‘‘Fuel System Limitations,’’ of Part 2 of
Bombardier CL–600–2C10, CL–600–2D15
and CL–600–2D24 Maintenance
Requirements Manual CSP B–053, Revision
9, dated July 20, 2007, 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.
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12907
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–2007–35, dated December 21,
2007, and CRJ 700/900 Series Regional Jet
(Bombardier) Temporary Revision 2–222,
dated March 30, 2006, for related
information.
Issued in Renton, Washington, on March 5,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–4770 Filed 3–10–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0267; Directorate
Identifier 2008–NM–030–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier
Model DHC–8–400, DHC–8–401, and
DHC–8–402 Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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12908
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Proposed Rules
Notice of proposed rulemaking
(NPRM).
ACTION:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
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.
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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
https://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 https://
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
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be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Richard Fiesel, 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) 228–7304; 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–2008–0267; Directorate Identifier
2008–NM–030–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 https://
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–2008–06,
dated January 15, 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 Items’’ of the Maintenance
Requirements Manual of the affected models
to introduce the required CDCCL.
The corrective action is revising the
Airworthiness Limitations Section of
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Sfmt 4702
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
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Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Proposed Rules
in fuel tank explosions and consequent
loss of the airplane.
Relevant Service Information
Bombardier has issued Temporary
Revisions (TRs) ALI–55 and ALI–56,
both dated April 19, 2006, to Part 2,
‘‘Airworthiness Limitations Items,’’
(AWL) of the Bombardier Dash 8 Q400
Maintenance Requirements Manual
PSM 1–84–7. The actions described in
this service information are intended to
correct the unsafe condition identified
in the MCAI.
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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 maintenance
requirements manual (MRM) as an
acceptable method of compliance if the
CDCCL is part of a later approved MRM
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
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17:20 Mar 10, 2008
Jkt 214001
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 45 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
$3,600, 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.
12909
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc. (Formerly de Havilland,
Inc.): Docket No. FAA–2008–0267;
Directorate Identifier 2008–NM–030–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–8–400, DHC–8–401, and DHC–
8–402 airplanes, certificated in any category,
all serial numbers.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Regulatory Findings
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
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
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 Items’’ of the Maintenance
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E:\FR\FM\11MRP1.SGM
11MRP1
12910
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Proposed Rules
Requirements Manual of the affected models
to introduce the required CDCCL.
The corrective action is revising the
Airworthiness Limitations Section (ALS) 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 ALS of the Instructions for
Continued Airworthiness to incorporate the
CDCCLs specified in Bombardier Temporary
Revisions (TRs) ALI–55, dated April 19,
2006; and ALI–56, dated April 19, 2006; to
Part 2, ‘‘Airworthiness Limitations Items,’’ of
the Bombardier Dash 8 Q400 Maintenance
Requirements Manual (MRM) PSM 1–84–7.
Note 1: The actions required by paragraph
(f)(1) of this AD may be done by inserting a
copy of the applicable TR into the applicable
maintenance requirements manual. When the
TR has been included in the general revision
of the maintenance program, the general
revision may be inserted into the
maintenance requirements 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
Bombardier Dash 8 Q400 MRM PSM 1–84–
7, Revision 4, dated October 30, 2003, 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.
FAA AD Differences
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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: Richard Fiesel,
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) 228–7304; 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
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17:20 Mar 10, 2008
Jkt 214001
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–2008–06, dated January 15,
2008; and Bombardier TRs ALI–55 and ALI–
56, both dated April 19, 2006; for related
information.
Issued in Renton, Washington, on March 5,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–4771 Filed 3–10–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0269; Directorate
Identifier 2007–NM–320–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –700C, –800, and
–900 Series Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for certain
Boeing Model 737–600, –700, –700C,
–800, and –900 series airplanes. This
proposed AD would require
replacement of the power control relays
in the P91 and P92 power distribution
panels for the fuel boost and override
pumps with new improved relays. This
proposed AD would also require a
revision to the Airworthiness
Limitations (AWLs) section of the
Instructions for Continued
Airworthiness to incorporate AWL No.
28–AWL–20. This proposed AD results
from fuel system reviews conducted by
the manufacturer. We are proposing this
AD to prevent pump housing burnthrough due to electrical arcing, which
could create a potential ignition source
inside a fuel tank. This condition, in
combination with flammable fuel
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Fmt 4702
Sfmt 4702
vapors, could result in a fuel tank
explosion and consequent loss of the
airplane.
DATES: We must receive comments on
this proposed AD by April 25, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
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: Jen
Pei, Aerospace Engineer, Systems and
Equipment Branch, ANM–130S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
(425) 917–6409; fax (425) 917–6590.
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–2008–0269; Directorate Identifier
2007–NM–320–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.
E:\FR\FM\11MRP1.SGM
11MRP1
Agencies
[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Proposed Rules]
[Pages 12907-12910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4771]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0267; Directorate Identifier 2008-NM-030-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-400, DHC-8-401,
and DHC-8-402 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 12908]]
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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 https://
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 https://
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: Richard Fiesel, 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) 228-7304; 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-2008-0267;
Directorate Identifier 2008-NM-030-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 https://
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-
2008-06, dated January 15, 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 Items'' of the Maintenance Requirements
Manual 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
[[Page 12909]]
in fuel tank explosions and consequent loss of the airplane.
Relevant Service Information
Bombardier has issued Temporary Revisions (TRs) ALI-55 and ALI-56,
both dated April 19, 2006, to Part 2, ``Airworthiness Limitations
Items,'' (AWL) of the Bombardier Dash 8 Q400 Maintenance Requirements
Manual PSM 1-84-7. 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 maintenance requirements manual
(MRM) as an acceptable method of compliance if the CDCCL is part of a
later approved MRM 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 45 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 $3,600, 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-
0267; Directorate Identifier 2008-NM-030-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-8-400, DHC-8-
401, and DHC-8-402 airplanes, certificated in any category, all
serial numbers.
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 Items'' of the Maintenance
[[Page 12910]]
Requirements Manual of the affected models to introduce the required
CDCCL.
The corrective action is revising the Airworthiness Limitations
Section (ALS) 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 ALS of the Instructions for Continued Airworthiness to
incorporate the CDCCLs specified in Bombardier Temporary Revisions
(TRs) ALI-55, dated April 19, 2006; and ALI-56, dated April 19,
2006; to Part 2, ``Airworthiness Limitations Items,'' of the
Bombardier Dash 8 Q400 Maintenance Requirements Manual (MRM) PSM 1-
84-7.
Note 1: The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of the applicable TR into the applicable
maintenance requirements manual. When the TR has been included in
the general revision of the maintenance program, the general
revision may be inserted into the maintenance requirements 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 Bombardier Dash 8 Q400 MRM
PSM 1-84-7, Revision 4, dated October 30, 2003, 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.
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: Richard Fiesel, 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) 228-7304; 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-2008-06,
dated January 15, 2008; and Bombardier TRs ALI-55 and ALI-56, both
dated April 19, 2006; for related information.
Issued in Renton, Washington, on March 5, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-4771 Filed 3-10-08; 8:45 am]
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