Airworthiness Directives; Viking Air Limited (Type Certificate Previously Held by Bombardier, Inc.) Model DHC-7 Airplanes, 43092-43095 [2010-18059]
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43092
Proposed Rules
Federal Register
Vol. 75, No. 141
Friday, July 23, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0699; Directorate
Identifier 2009–NM–236–AD]
RIN 2120–AA64
Airworthiness Directives; Viking Air
Limited (Type Certificate Previously
Held by Bombardier, Inc.) Model DHC–
7 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
SUMMARY:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Viking Air Limited 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 noncompliances were then assessed using
Transport Canada Policy Letter No. 525–001,
to determine if mandatory corrective action
is required.
The assessment showed that supplemental
maintenance tasks would be required to
prevent potential ignition sources within the
fuel system, which 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 September 7, 2010.
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.
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15:12 Jul 22, 2010
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• 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.
For service information identified in
this proposed AD, contact Viking Air
Limited, 9574 Hampden Road, Sidney,
British Columbia V8L 8V5, Canada;
telephone 250–656–7227; fax 250–656–
0673; e-mail
technical.publications@vikingair.com;
Internet https://www.vikingair.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.
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 Mechanical Systems
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–2010–0699; Directorate Identifier
2009–NM–236–AD’’ at the beginning of
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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 have lengthened the 30-day
comment period for proposed ADs that
address MCAI originated by aviation
authorities of other countries to provide
adequate time for interested parties to
submit comments. The comment period
for these proposed ADs is now typically
45 days, which is consistent with the
comment period for domestic transport
ADs.
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
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
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules
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.
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian
Airworthiness Directive CF–2009–15,
dated April 17, 2009 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Viking Air Limited 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 noncompliances were then assessed using
Transport Canada Policy Letter No. 525–001,
to determine if mandatory corrective action
is required.
The assessment showed that supplemental
maintenance tasks would be required to
prevent potential ignition sources within the
fuel system, which could result in a fuel tank
explosion. Viking Air Limited has revised
Chapter 5 of the DHC–7 Maintenance
Manual, PSM 1–7–2, to introduce the
required maintenance tasks.
The corrective action is revising the
Airworthiness Limitations Section of
the Instructions for Continued
Airworthiness to incorporate new
limitations for fuel tank systems. You
may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
Viking Air Limited has issued
Temporary Revisions 5–106, 5–107, 5–
108, 5–109, 5–110, 5–111, 5–112, and 5–
113, all dated December 15, 2008, to the
Viking DHC–7 Dash 7 Maintenance
Manual, PSM–1–7–2, Chapter 5. The
actions described in this service
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15:12 Jul 22, 2010
Jkt 220001
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.
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 11 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 $85 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$935, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
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43093
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, 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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Viking Air Limited (Type Certificate
Previously Held by Bombardier, Inc.):
Docket No. FAA–2010–0699; Directorate
Identifier 2009–NM–236–AD.
Comments Due Date
(a) We must receive comments by
September 7, 2010.
Affected ADs
(b) None.
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules
Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank
systems.
Applicability
(c) This AD applies to Viking Air Limited
(Type Certificate previously held by
Bombardier, Inc.) Model DHC–7–1, DHC–7–
100, DHC–7–101, DHC–7–102, and DHC–7–
103 airplanes; certificated in any category.
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.
Subject
(d) Air Transport Association (ATA) of
America Code 28: Fuel.
Actions
(g) Within 60 days after the effective date
of this AD, incorporate all the fuel system
limitation (FSL) tasks as specified in the
temporary revisions (TR) listed in Table 1 of
this AD, to Chapter 5 of the Viking DHC–7
Dash 7 Maintenance Manual (MM), PSM 1–
7–2; and incorporate Section 5–10–30, as
specified in Viking Air Limited TR 5–106,
dated December 15, 2008, to Chapter 5 of the
Viking DHC–7 Dash 7 MM.
Note 1: This may be done by inserting
copies of the TRs identified in paragraph (g)
of this AD in the MM. When these TRs have
been included in general revisions of the
MM, the general revisions may be inserted in
the MM, provided the relevant information in
the general revision is identical to that in the
TRs identified in paragraph (g) of this AD.
(h) At the applicable time in paragraphs
(h)(1), (h)(2), (h)(3), and (h)(4) of this AD, do
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
Viking Air Limited 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 noncompliances were then assessed using
Transport Canada Policy Letter No. 525–001,
to determine if mandatory corrective action
is required.
The assessment showed that supplemental
maintenance tasks would be required to
prevent potential ignition sources within the
fuel system, which could result in a fuel tank
explosion. * * *
The corrective action is revising the
Airworthiness Limitations Section of the
the initial inspections in accordance with the
applicable TR identified in Table 1 of this
AD.
(1) For Tasks FSL–01, FSL–02, FSL–03,
FSL–04 and FSL–05: Inspect at the later of
the times in paragraphs (h)(1)(i) and (h)(1)(ii)
of this AD.
(i) Prior to the accumulation of 18,000 total
flight hours.
(ii) Within 6,000 flight hours or within 36
months after the effective date of this AD,
whichever occurs first.
(2) For Task FSL–06: Inspect at the later of
the times in paragraphs (h)(2)(i) and (h)(2)(ii)
of this AD.
(i) Prior to the accumulation of 40,000 total
flight hours.
(ii) Within 6,000 flight hours or within 36
months after the effective date of this AD,
whichever occurs first.
(3) For Task FSL–07: Within 1 month after
the effective date of this AD.
(4) For Task FSL–08: Inspect at the later of
the times in paragraphs (h)(4)(i) and (h)(4)(ii)
of this AD.
(i) Prior to the accumulation of 4,000 total
flight hours.
(ii) Within 2,000 flight hours or within 12
months after the effective date of this AD,
whichever occurs first.
TABLE 1—TEMPORARY REVISIONS
Viking Air Limited
TR
Task
FSL–01
FSL–02
FLS–06
FSL–07
FSL–08
FSL–03
FSL–04
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
....................................................................................................................................................
and FSL–05 ...............................................................................................................................
FAA AD Differences
Note 2: This AD differs from the MCAI
and/or service information as follows: No
differences.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York,
11590; telephone 516–228–7300; fax 516–
794–5531. 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.
(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 FAAapproved if they are approved by the State
of Design Authority (or their delegated
5–107
5–108
5–109
5–110
5–111
5–112
5–113
Date
December
December
December
December
December
December
December
15,
15,
15,
15,
15,
15,
15,
2008.
2008.
2008.
2008.
2008.
2008.
2008.
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
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(j) Refer to MCAI Canadian Airworthiness
Directive CF–2009–15, dated April 17, 2009;
and the TRs identified in Table 2 of this AD
for related information.
TABLE 2—SERVICE INFORMATION
Viking Air Limited TR—
To the—
5–106
5–107
5–108
5–109
5–110
5–111
5–112
Viking
Viking
Viking
Viking
Viking
Viking
Viking
....................................................
....................................................
....................................................
....................................................
....................................................
....................................................
....................................................
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Dated—
DHC–7
DHC–7
DHC–7
DHC–7
DHC–7
DHC–7
DHC–7
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Dash
Dash
Dash
Dash
Dash
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7
7
7
7
7
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MM,
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MM,
MM,
MM,
MM,
MM,
PSM
PSM
PSM
PSM
PSM
PSM
PSM
Fmt 4702
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1–7–2
1–7–2
1–7–2
1–7–2
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December
December
December
December
December
December
December
15,
15,
15,
15,
15,
15,
15,
2008.
2008.
2008.
2008.
2008.
2008.
2008.
43095
Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Proposed Rules
TABLE 2—SERVICE INFORMATION—Continued
Viking Air Limited TR—
To the—
Dated—
5–113 ....................................................
Viking DHC–7 Dash 7 MM, PSM 1–7–2 .............................................................
December 15, 2008.
Issued in Renton, Washington, on July 15,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–18059 Filed 7–22–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0737; Directorate
Identifier 2010–CE–037–AD]
RIN 2120–AA64
Airworthiness Directives; PIAGGIO
AERO INDUSTRIES S.p.A. Model
PIAGGIO P–180 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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:
SUMMARY:
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Some cases of failure of engine oil
dipsticks, installed on Pratt & Whitney
Canada (P&WC) PT6A66 and PT6A66B
engines, were detected on P.180 aeroplanes;
such failures, due to moisture penetration
into the dipstick and subsequent corrosion,
can cause incorrect reading of the engine oil
low level on the Refuel/Ground Test Panel.
If left uncorrected, this situation
could lead to in-flight engine failure(s).
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 September 7, 2010.
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–
VerDate Mar<15>2010
15:12 Jul 22, 2010
Jkt 220001
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.
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:
Sarjapur Nagarajan, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4145; fax: (816) 329–4090.
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–2010–0737; Directorate Identifier
2010–CE–037–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 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
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
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Community, has issued AD No.: 2010–
0123, dated June 22, 2010 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
Some cases of failure of engine oil
dipsticks, installed on Pratt & Whitney
Canada (P&WC) PT6A66 and PT6A66B
engines, were detected on P.180 aeroplanes;
such failures, due to moisture penetration
into the dipstick and subsequent corrosion,
can cause incorrect reading of the engine oil
low level on the Refuel/Ground Test Panel.
If left uncorrected, this situation could lead
to in-flight engine failure(s).
This AD requires:
(1) Repetitive visual checks of the engine
oil levels to prevent an undetected low level
condition;
(2) repetitive inspections of the oil
dipsticks to detect faulty units;
(3) replacement of faulty oil dipsticks or
visual checks of the oil level at reduced not
to exceed intervals, until replacement of
faulty units.
The engine TC Holder is currently
developing a modification that will address
the unsafe condition identified in this AD;
once such modification is developed,
approved and available, further mandatory
actions might be considered.
This Correction is issued to amend the AD
number heading: it was PAD, it is AD.
Relevant Service Information
PIAGGIO AERO INDUSTRIES S.p.A.
has issued Service Bulletin (Mandatory)
N.: 80–0287, Rev. N. 1, dated March 24,
2010. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
FAA’s Determination and Requirements
of the 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 this State of
Design Authority, they have notified us
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This Proposed AD
and the MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
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]]>Agencies
[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Proposed Rules]
[Pages 43092-43095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18059]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 /
Proposed Rules
[[Page 43092]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0699; Directorate Identifier 2009-NM-236-AD]
RIN 2120-AA64
Airworthiness Directives; Viking Air Limited (Type Certificate
Previously Held by Bombardier, Inc.) Model DHC-7 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 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:
Viking Air Limited 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 supplemental maintenance tasks would
be required to prevent potential ignition sources within the fuel
system, which 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 September 7,
2010.
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.
For service information identified in this proposed AD, contact
Viking Air Limited, 9574 Hampden Road, Sidney, British Columbia V8L
8V5, Canada; telephone 250-656-7227; fax 250-656-0673; e-mail
technical.publications@vikingair.com; Internet https://www.vikingair.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.
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 Mechanical Systems 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-2010-0699;
Directorate Identifier 2009-NM-236-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 have lengthened the 30-day comment period for proposed ADs that
address MCAI originated by aviation authorities of other countries to
provide adequate time for interested parties to submit comments. The
comment period for these proposed ADs is now typically 45 days, which
is consistent with the comment period for domestic transport ADs.
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
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
[[Page 43093]]
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.
Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2009-15, dated April 17, 2009 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:
Viking Air Limited 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 supplemental maintenance tasks would
be required to prevent potential ignition sources within the fuel
system, which could result in a fuel tank explosion. Viking Air
Limited has revised Chapter 5 of the DHC-7 Maintenance Manual, PSM
1-7-2, to introduce the required maintenance tasks.
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to incorporate
new limitations for fuel tank systems. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Viking Air Limited has issued Temporary Revisions 5-106, 5-107, 5-
108, 5-109, 5-110, 5-111, 5-112, and 5-113, all dated December 15,
2008, to the Viking DHC-7 Dash 7 Maintenance Manual, PSM-1-7-2, Chapter
5. 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.
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 11 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 $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $935, or $85 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,''describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.''Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This 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, 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 FAA amends Sec. 39.13 by adding the following new AD:
Viking Air Limited (Type Certificate Previously Held by Bombardier,
Inc.): Docket No. FAA-2010-0699; Directorate Identifier 2009-NM-236-
AD.
Comments Due Date
(a) We must receive comments by September 7, 2010.
Affected ADs
(b) None.
[[Page 43094]]
Applicability
(c) This AD applies to Viking Air Limited (Type Certificate
previously held by Bombardier, Inc.) Model DHC-7-1, DHC-7-100, DHC-
7-101, DHC-7-102, and DHC-7-103 airplanes; certificated in any
category.
Subject
(d) Air Transport Association (ATA) of America Code 28: Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
Viking Air Limited 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 supplemental maintenance tasks would
be required to prevent potential ignition sources within the fuel
system, which could result in a fuel tank explosion. * * *
The corrective action is revising the Airworthiness Limitations
Section of the Instructions for Continued Airworthiness to
incorporate new limitations for fuel tank systems.
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.
Actions
(g) Within 60 days after the effective date of this AD,
incorporate all the fuel system limitation (FSL) tasks as specified
in the temporary revisions (TR) listed in Table 1 of this AD, to
Chapter 5 of the Viking DHC-7 Dash 7 Maintenance Manual (MM), PSM 1-
7-2; and incorporate Section 5-10-30, as specified in Viking Air
Limited TR 5-106, dated December 15, 2008, to Chapter 5 of the
Viking DHC-7 Dash 7 MM.
Note 1: This may be done by inserting copies of the TRs
identified in paragraph (g) of this AD in the MM. When these TRs
have been included in general revisions of the MM, the general
revisions may be inserted in the MM, provided the relevant
information in the general revision is identical to that in the TRs
identified in paragraph (g) of this AD.
(h) At the applicable time in paragraphs (h)(1), (h)(2), (h)(3),
and (h)(4) of this AD, do the initial inspections in accordance with
the applicable TR identified in Table 1 of this AD.
(1) For Tasks FSL-01, FSL-02, FSL-03, FSL-04 and FSL-05: Inspect
at the later of the times in paragraphs (h)(1)(i) and (h)(1)(ii) of
this AD.
(i) Prior to the accumulation of 18,000 total flight hours.
(ii) Within 6,000 flight hours or within 36 months after the
effective date of this AD, whichever occurs first.
(2) For Task FSL-06: Inspect at the later of the times in
paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
(i) Prior to the accumulation of 40,000 total flight hours.
(ii) Within 6,000 flight hours or within 36 months after the
effective date of this AD, whichever occurs first.
(3) For Task FSL-07: Within 1 month after the effective date of
this AD.
(4) For Task FSL-08: Inspect at the later of the times in
paragraphs (h)(4)(i) and (h)(4)(ii) of this AD.
(i) Prior to the accumulation of 4,000 total flight hours.
(ii) Within 2,000 flight hours or within 12 months after the
effective date of this AD, whichever occurs first.
Table 1--Temporary Revisions
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Viking Air
Task Limited TR Date
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FSL-01......................................... 5-107 December 15, 2008.
FSL-02......................................... 5-108 December 15, 2008.
FLS-06......................................... 5-109 December 15, 2008.
FSL-07......................................... 5-110 December 15, 2008.
FSL-08......................................... 5-111 December 15, 2008.
FSL-03......................................... 5-112 December 15, 2008.
FSL-04 and FSL-05.............................. 5-113 December 15, 2008.
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FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, New York, 11590; telephone 516-
228-7300; fax 516-794-5531. 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.
(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 (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(j) Refer to MCAI Canadian Airworthiness Directive CF-2009-15,
dated April 17, 2009; and the TRs identified in Table 2 of this AD
for related information.
Table 2--Service Information
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Viking Air Limited TR-- To the-- Dated--
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5-106................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
5-107................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
5-108................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
5-109................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
5-110................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
5-111................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
5-112................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
[[Page 43095]]
5-113................................... Viking DHC-7 Dash 7 MM, PSM 1-7- December 15, 2008.
2.
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Issued in Renton, Washington, on July 15, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-18059 Filed 7-22-10; 8:45 am]
BILLING CODE 4910-13-P
