[Federal Register: September 8, 2004 (Volume 69, Number 173)]
[Rules and Regulations]
[Page 54213-54215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se04-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 2002-NM-338-AD; Amendment 39-13788; AD 2004-18-10]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106,
-201, -202, -301, -311, and -315 Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain Bombardier Model DHC-8-102, -103, -106, -201, -
202, -301, -311, and -315 airplanes, that requires inspection of the
fitting assemblies located on the vent and scavenge lines routed
immediately below the fuel tank access covers on both wings for proper
installation, and corrective actions if necessary. This amendment also
requires inspection of the stiffeners on the underside of fuel tank
access covers on both wings for signs of chafing damage caused by
incorrect orientation of the lockwire tail, and removal of damage. This
action is necessary to prevent contact between the lockwire pigtail of
the fitting and the stiffener located on the inside surface of the fuel
access covers of the wings, which could serve as a potential ignition
source within the fuel tank if a cover is struck by lightning and
result in possible fuel tank explosion. This action is intended to
address the identified unsafe condition.
DATES: Effective October 13, 2004.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 13, 2004.
ADDRESSES: The service information referenced in this AD may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division,
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada. This
information may be examined at the Federal Aviation Administration
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, New York Aircraft Certification
Office, 1600 Stewart Avenue, suite 410, Westbury, New York; or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call (202) 741-6030, or go
to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
FOR FURTHER INFORMATION CONTACT: Mazdak Hobbi, Aerospace Engineer,
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New
York 11590; (516) 228-7330; fax (516) 256-5531.
SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain Bombardier Model DHC-8-
102, -103, -106, -201, -202, -301, -311, and -315 airplanes was
published in the Federal Register on December 31, 2003 (68 FR 75471).
That action proposed to require inspection of the fitting assemblies
located on the vent and scavenge lines routed immediately below the
fuel tank access covers on both wings for proper installation, and
corrective actions if necessary. That action also proposed to require
inspection of the stiffeners on the underside of fuel tank access
covers on both wings for signs of chafing damage caused by incorrect
orientation of the lockwire tail, and removal of damage.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the comments received.
Request to Reference Original Issue of Service Bulletin
One commenter requests that the notice of proposed rulemaking
(NPRM) be revised to reference Bombardier Alert Service Bulletin A8-28-
33, dated June 3, 2002. The commenter notes that the NPRM refers to
Bombardier Alert Service Bulletin A8-28-33, Revision ``A,'' dated
October 10, 2002, as the appropriate source of service information for
the proposed actions. The commenter states that Revision ``A'' only
removed the eddy current and fluorescent dye penetrant inspections, and
that the original service bulletin accomplishes the same intent as
Revision ``A.'' The commenter concludes that including the original
service bulletin in the NPRM will eliminate the need to request
alternative methods of compliance with the NPRM.
We agree with the commenter that accomplishment of the actions
before the effective date of this AD in accordance with Bombardier
Alert Service Bulletin A8-28-33, dated June 3, 2002, is acceptable for
compliance with the corresponding requirements of this AD. In addition,
Canadian airworthiness directive CF-2002-44, dated October 22, 2002,
references the original service bulletin as the appropriate source of
service information for accomplishing the required actions. Therefore,
we have added a new paragraph (f) in the final rule to clarify this
point and renumbered subsequent paragraphs.
Request to Extend Compliance Time
One commenter requests that the compliance time for the proposed
inspection be extended from 12 months to 36 months. This would allow
most airplanes to be inspected during scheduled maintenance. The
commenter states that the proposed inspections require tank entry, and
that its normal tank entry interval is 11,500 flight hours or
approximately every 4 years. The commenter considers that the adoption
of the proposed compliance time of 12 months would require operators to
schedule special times for the accomplishment of the inspections, at
additional expense.
We do not agree with the commenter's request to extend the
compliance time. In developing an appropriate compliance time for this
action, we considered the safety implications, parts availability, and
normal maintenance schedules for timely accomplishment of the
inspections. In addition, the 12-month compliance time coincides with
Canadian airworthiness directive CF-2002-44. In consideration of these
items, we have determined that 12 months represents an appropriate
interval of time allowable wherein the inspections can be accomplished
during scheduled maintenance intervals for the majority of affected
operators, and wherein an acceptable level of safety can be maintained.
However, under the provisions of paragraph (h) of the final rule, we
may approve requests for adjustments to the compliance time if data are
submitted to substantiate that such an adjustment would provide an
acceptable level of safety.
[[Page 54214]]
Request To Allow Designated Engineering Representatives (DER) To
Approve Repairs
One commenter requests that paragraph (e) of the NPRM be revised to
allow FAA DERs to approve repairs for damage in excess of the given
limits. The commenter states that rework of chafing is a relatively
minor structural repair, and the repair has no impact on the arcing
condition for which the NPRM is being issued.
We do not agree. Authority for this type of approval is normally
retained by the responsible Aircraft Certification Office (ACO). We do
not anticipate so many requests for this type of approval that
delegation would be necessary to provide timely responses. Also,
paragraph (e) of the final rule provides two additional sources of
repair approval (i.e., the TCCA or its delegated agent).
Conclusion
After careful review of the available data, including the comments
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the changes described
previously. The FAA has determined that these changes will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 172 airplanes of U.S. registry will be
affected by this AD, that it will take approximately 1 work hour per
airplane to accomplish the required inspections, and that the average
labor rate is $65 per work hour. Based on these figures, the cost
impact of the AD on U.S. operators is estimated to be $11,180, or $65
per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the requirements of this AD
action, and that no operator would accomplish those actions in the
future if this AD were not adopted. The cost impact figures discussed
in AD rulemaking actions represent only the time necessary to perform
the specific actions actually required by the AD. These figures
typically do not include incidental costs, such as the time required to
gain access and close up, planning time, or time necessitated by other
administrative actions.
Regulatory Impact
The regulations adopted herein will not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, it
is determined that this final rule does not have federalism
implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it may be obtained
from the Rules Docket at the location provided under the caption
ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. Section 39.13 is amended by adding the following new airworthiness
directive:
2004-18-10 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-13788. Docket 2002-NM-338-AD.
Applicability: Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes, serial numbers 003 through 586 inclusive;
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent contact between the lockwire pigtail of the fitting
and the stiffener located on the inside surface of the fuel access
covers of the wings, which could serve as a potential ignition
source within the fuel tank if a cover is struck by lightning and
result in possible fuel tank explosion, accomplish the following:
Inspection of Fitting Assemblies and Lockwire
(a) Within 12 months after the effective date of this AD, do a
general visual inspection to verify proper installation of the
fitting assemblies and the lockwire located on the vent and scavenge
lines routed immediately below the fuel tank access covers on both
wings by accomplishing all the actions specified in Part A of the
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
28-33, Revision ``A,'' dated October 10, 2002. Do the actions per
the service bulletin.
Note 1: For the purposes of this AD, a general visual inspection
is defined as: ``A visual examination of an interior or exterior
area, installation, or assembly to detect obvious damage, failure,
or irregularity. This level of inspection is made from within
touching distance unless otherwise specified. A mirror may be
necessary to enhance visual access to all exposed surfaces in the
inspection area. This level of inspection is made under normally
available lighting conditions such as daylight, hangar lighting,
flashlight, or droplight and may require removal or opening of
access panels or doors. Stands, ladders, or platforms may be
required to gain proximity to the area being checked.''
Corrective Actions for Any Improperly Installed Fitting Assembly or
Lockwire
(b) If any fitting assembly is found to be improperly installed
during the general visual inspection required by paragraph (a) of
this AD, before further flight, do the actions specified in
paragraphs (b)(1) and (b)(2) of this AD per Part A of the
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
28-33, Revision ``A,'' dated October 10, 2002.
(1) Change the orientation of the fitting assembly.
(2) Perform a general visual inspection of the O-ring for
damage, and replace any damaged O-ring with a new O-ring.
(c) If any lockwire is found to be improperly installed during
the general visual inspection required by paragraph (a) of this AD,
before further flight, replace the lockwire with a new lockwire, per
Part A of the Accomplishment Instructions of Bombardier Alert
Service Bulletin A8-28-33, Revision ``A,'' dated October 10, 2002.
Inspection of the Stiffeners
(d) Within 12 months after the effective date of this AD, do a
general visual inspection of the stiffeners on the underside of fuel
tank access covers on both wings for signs of chafing damage caused
by incorrect orientation of the lockwire tail, per Part B of the
Accomplishment Instructions of Bombardier Alert Service Bulletin A8-
28-33, Revision ``A,'' dated October 10, 2002.
Corrective Action for Chafing Damage
(e) If any chafing damage is found during the general visual
inspection required by paragraph (d) of this AD, before further
flight, remove the damage per Part B of the Accomplishment
Instructions of Bombardier Alert Service Bulletin A8-28-33, Revision
``A,'' dated October 10, 2002, except where the service bulletin
recommends contacting Bombardier for damage in excess of the given
limits, before further flight, repair per a method approved by
either the Manager, New York Aircraft Certification Office (ACO),
FAA; or the Transport Canada Civil Aviation (TCCA) (or its delegated
agent).
[[Page 54215]]
Credit for Original Service Bulletin
(f) Accomplishment of the applicable actions specified in this
AD before the effective date of this AD per Bombardier Alert Service
Bulletin A8-28-33, dated June 3, 2002, is acceptable for compliance
with the corresponding requirements of this AD.
Exception to Service Bulletin Reporting
(g) Although the service bulletin referenced in this AD
specifies to report inspection findings to the airplane
manufacturer, this AD does not include that requirement.
Alternative Methods of Compliance
(h) In accordance with 14 CFR 39.19, the Manager, New York ACO,
FAA, is authorized to approve alternative methods of compliance for
this AD.
Incorporation by Reference
(i) Unless otherwise specified in this AD, the actions shall be
done in accordance with Bombardier Alert Service Bulletin A8-28-33,
Revision ``A,'' dated October 10, 2002. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft
Division, 123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada.
Copies may be inspected at the FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington; or at the FAA, New York
Aircraft Certification Office, 1600 Stewart Avenue, suite 410,
Westbury, New York; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/
ibr--locations.html.
Note 2: The subject of this AD is addressed in Canadian
airworthiness directive CF-2002-44, dated October 22, 2002.
Effective Date
(j) This amendment becomes effective on October 13, 2004.
Issued in Renton, Washington, on August 26, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 04-20207 Filed 9-7-04; 8:45 am]
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