[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Rules and Regulations]
[Pages 10664-10666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4652]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2009-0609; Directorate Identifier 2009-NM-037-AD;
Amendment 39-16222; AD 2010-05-12]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, and DHC-8-202 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This 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:
During a puncture voltage test of the aluminum-loaded paint on
an in-service DHC-8 aircraft, conducted to validate an SFAR 88
[Special Federal Aviation Regulation No. 88] related task,
Bombardier Aerospace (BA) discovered that the top wing fuel tank
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized
enamel coating * * *.
With this type of paint application, it is possible that, in the
worst case scenario, a lightning strike could puncture the wing skin
and create an ignition source in the fuel tank.
Ignition sources inside fuel tanks, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane. We are issuing this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective April 13, 2010.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 13,
2010.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Kyle Williams, Aerospace Engineer,
Avionics and Flight Test Branch, ANE-172, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone (516) 228-7347; fax (516) 794-5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on July 6, 2009 (74 FR
31891). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
During a puncture voltage test of the aluminum-loaded paint on
an in-service DHC-8 aircraft, conducted to validate an SFAR 88
[Special Federal Aviation Regulation No. 88] related task,
Bombardier Aerospace (BA) discovered that the top wing fuel tank
skin between Yw171.20 and Yw261.00 was painted with a non-aluminized
enamel coating due to a misinterpretation of the painting
instructions in the Structural Repair Manual (SRM).
With this type of paint application, it is possible that, in the
worst case scenario, a lightning strike could puncture the wing skin
and create an ignition source in the fuel tank.
Ignition sources inside fuel tanks, in combination with flammable fuel
vapors, could result in fuel tank explosions and consequent loss of the
airplane. Required actions include performing a functional check of the
dielectric properties of the fuel tank skin for aluminum-loaded primer
and aluminum-loaded enamel coating. For airplanes on which the
aluminum-loaded primer and aluminum-loaded enamel coating have been
properly applied, the required actions include restoring the protective
finish on the areas where the surface finish was removed. For airplanes
on which the aluminum-loaded primer and aluminum-loaded enamel coating
have not been applied or have not been properly applied, the required
actions include stripping the affected wing skin surfaces to bare metal
and applying alodine coating to those areas, performing a detailed
visual inspection of the stripped areas for any sign of corrosion or
deterioration of the protective alodine coating and re-applying the
protective alodine coating, and painting the affected wing skin
surfaces with aluminum-loaded primer and aluminum-loaded enamel
coating. You may obtain further information by examining the MCAI in
the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comment received.
Request To Extend Compliance Time
Mesa Airlines asks that the compliance time in the NPRM be extended
to correspond with certain compliance times specified in related AD
2008-13-09, Amendment 39-15572 (73 FR 47029, August 13, 2008), which
requires revising the Airworthiness Limitations Section (ALS) of the
Instructions for Continued Airworthiness to incorporate certain fuel
system limitations.
Mesa Airlines states that the compliance time for fuel systems
limitations (FSL) Task FSL-07 (a functional check of the aluminum
loaded primer and enamel on the wing skin) is 18,000 flight hours or
108 months, with a repetitive interval not to exceed 18,000 flight
hours. Mesa Airlines notes that AD 2008-13-09 set the initial
inspections for that task at 6,000 flight hours or 36 months, with a
repetitive interval not to exceed 18,000 flight hours, which
corresponds with its heavy maintenance checks. Mesa Airlines adds that
the NPRM makes no mention of the related AD or compliance times in that
AD, and the compliance time specified in the NPRM is within 18 months
after the effective date of the AD.
Mesa Airlines states that the proposed compliance time constraint
will require it to do massive rescheduling to move its current
inspections forward approximately 254 days, and adds that this will
cause an undue burden. Mesa Airlines adds that the NPRM is to be
accomplished in accordance with Bombardier Service Bulletin 8-57-46,
Revision A, dated February 6, 2009, which states that it contains a
procedure that is a fuel tank safety-critical item and is classified as
a Critical Design Configuration Control Limitations (CDCCL); that CDCCL
is FSL-07, which was added by AD 2008-13-09.
We do not agree that the compliance time should be extended. AD
2008-13-09 was issued to mandate the FSL tasks identified as part of
the fuel system safety assessment. Task FSL-07 was identified as
necessary to ensure that the aluminum-loaded primer and enamel is
protecting the fuel tank skin from burn-through during lightning
[[Page 10665]]
strikes. Since no in-service deterioration or non-compliance of the
coating was identified at that time, an appropriate compliance time and
phase-in schedule was mandated to align the FSL task with major
maintenance checks. Further investigation revealed that unclear
instructions and misinterpretation of the structural repair manual led
to a newly painted airplane having coating that was lacking in aluminum
powder and thus failed to meet the requirement of Task FSL-07. In light
of this, Transport Canada Civil Aviation (TCCA) determined that the
compliance time for correcting this unsafe condition should be reduced
and issued Canadian AD CF-2009-05 (referred to in the `Related
Information' section of the NPRM) as a result. In addition, comparison
of the calendar-based compliance time in AD 2008-13-09 and the NPRM
show that higher-time airplanes will need to perform the functional
test of the dielectric properties five-and-a-half months earlier versus
the 254 days asserted by Mesa Airlines. Therefore, this AD requires
accomplishing Task FSL-07 at an earlier compliance time than the
compliance time required by AD 2008-13-09. We have made no change to
the AD in this regard.
We have added a new paragraph (f)(6) to this AD to give credit for
accomplishing the corresponding actions in AD 2008-13-09, which meets
the compliance requirements specified in this AD.
Explanation of Change Made to This AD
We have revised the ``Alternative Methods of Compliance (AMOCs)''
paragraph in this AD to clarify the point of contact as the Program
Manager, Continuing Operational Safety, New York Aircraft Certification
Office.
Conclusion
We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD with the change described previously. We also determined that this
change will not increase the economic burden on any operator or
increase the scope of the 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 required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 22 products of U.S. registry.
We also estimate that it will take about 24 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $42,240, or $1,920 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 AD will not have federalism implications
under Executive Order 13132. This AD 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.
For the reasons discussed above, I certify this AD:
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 AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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. The FAA amends Sec. 39.13 by adding the following new AD:
2010-05-12 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-16222. Docket No. FAA-2009-0609; Directorate Identifier 2009-NM-
037-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective April
13, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier Model DHC-8-102, DHC-8-103,
DHC-8-106, DHC-8-201, and DHC-8-202 series airplanes; certificated
in any category; serial numbers 003 through 663 inclusive.
Subject
(d) Air Transport Association (ATA) of America Code 57: Wings.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During a puncture voltage test of the aluminum-loaded paint on
an in-service DHC-8 aircraft, conducted to validate an SFAR 88
[Special Federal Aviation Regulation No. 88] related task,
Bombardier Aerospace (BA) discovered that the top wing
[[Page 10666]]
fuel tank skin between Yw171.20 and Yw261.00 was painted with a non-
aluminized enamel coating due to a misinterpretation of the painting
instructions in the Structural Repair Manual (SRM).
With this type of paint application, it is possible that, in the
worst case scenario, a lightning strike could puncture the wing skin
and create an ignition source in the fuel tank.
Ignition sources inside fuel tanks, in combination with flammable
fuel vapors, could result in fuel tank explosions and consequent
loss of the airplane. Required actions include performing a
functional check of the dielectric properties of the fuel tank skin
for aluminum-loaded primer and aluminum-loaded enamel coating. For
airplanes on which the aluminum-loaded primer and aluminum-loaded
enamel coating have been properly applied, the required actions
include restoring the protective finish on the areas where the
surface finish was removed. For airplanes on which the aluminum-
loaded primer and aluminum-loaded enamel coating have not been
applied or have not been properly applied, the required actions
include stripping the affected wing skin surfaces to bare metal and
applying alodine coating to those areas, performing a detailed
visual inspection of the stripped areas for any sign of corrosion or
deterioration of the protective alodine coating and re-applying the
protective alodine coating, and painting the affected wing skin
surfaces with aluminum-loaded primer and aluminum-loaded enamel
coating.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) For airplanes on which Bombardier Modification 8/0024 has
not been done: Within 18 months after the effective date of this AD,
perform a functional check of the dielectric properties of the fuel
tank skin between Yw171.20 and Yw261.00 of the upper and lower wing
for aluminum-loaded primer and aluminum-loaded enamel coating, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 8-57-46, Revision A, dated February 6, 2009.
(2) For airplanes on which Bombardier Modification 8/0024 has
been done: Within 18 months after the effective date of this AD,
perform a functional check of the dielectric properties of the fuel
tank skin between Yw171.20 and Yw261.00 of the upper wing for
aluminum-loaded primer and aluminum-loaded enamel coating, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 8-57-46, Revision A, dated February 6, 2009.
(3) If the functional check required by paragraph (f)(1) or
(f)(2) of this AD indicates that the aluminum-loaded primer and
aluminum-loaded enamel coating have been properly applied, as
defined in the Accomplishment Instructions of Bombardier Service
Bulletin 8-57-46, Revision A, dated February 6, 2009: Before further
flight, restore the protective finish on the areas where the surface
finish was removed for the functional check, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-57-46,
Revision A, dated February 6, 2009.
(4) If the functional check required by paragraph (f)(1) or
(f)(2) of this AD indicates that the aluminum-loaded primer and
aluminum-loaded enamel coating have not been applied or have not
been properly applied, as defined in the Accomplishment Instructions
of Bombardier Service Bulletin 8-57-46, Revision A, dated February
6, 2009: Perform the actions required by paragraphs (f)(4)(i),
(f)(4)(ii), and (f)(4)(iii) of this AD, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 8-57-46,
Revision A, dated February 6, 2009.
(i) Before further flight, strip the affected wing skin surfaces
to bare metal and apply alodine coating to those areas, in
accordance with Bombardier Service Bulletin 8-57-46, Revision A,
dated February 6, 2009.
(ii) Within 90 flight hours after performing the actions
required by paragraph (f)(4)(i) of this AD, and thereafter at
intervals not to exceed 90 flight hours: Perform a detailed visual
inspection of the stripped areas for any sign of corrosion or
deterioration of the protective alodine coating, and re-apply the
protective alodine coating, in accordance with Bombardier Service
Bulletin 8-57-46, Revision A, dated February 6, 2009.
(iii) Within 3 months after performing the actions required by
paragraph (f)(1) or (f)(2) of this AD, as applicable: Paint the
affected wing skin surfaces with aluminum-loaded primer and
aluminum-loaded enamel coating, in accordance with Bombardier
Service Bulletin 8-57-46, Revision A, dated February 6, 2009.
(5) Accomplishment of the actions required by paragraph (f)(1)
or (f)(2) of this AD, as applicable, before the effective date of
this AD, in accordance with Bombardier Service Bulletin 8-57-46,
dated September 29, 2008, is acceptable for compliance with the
corresponding requirements of this AD.
(6) Accomplishment of the actions required by paragraph (f)(1)
or (f)(2) of this AD, as applicable, in accordance with AD 2008-13-
09, Amendment 39-15572, is acceptable for compliance with the
corresponding requirements of this AD, provided the actions are done
within the applicable compliance times specified in this AD.
FAA AD Differences
Note 1: 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, 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
(h) Refer to Canadian Airworthiness Directive CF-2009-05, dated
January 29, 2009; and Bombardier Service Bulletin 8-57-46, Revision
A, dated February 6, 2009; for related information.
Material Incorporated by Reference
(i) You must use Bombardier Service Bulletin 8-57-46, Revision
A, dated February 6, 2009, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-
7401; e-mail [email protected]; Internet http://www.bombardier.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221 or 425-227-1152.
(4) You may also review copies of the service information that
is incorporated by reference 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.
Issued in Renton, Washington, on February 24, 2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-4652 Filed 3-8-10; 8:45 am]
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