[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Proposed Rules]
[Pages 9982-9984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4011]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0043; Directorate Identifier 2010-NM-192-AD]
RIN 2120-AA64
Airworthiness Directives; Bombardier, Inc. Model DHC-8-400 Series
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
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:
During production quality inspections of the aeroplane fuel
motive flow system, it was discovered that some motive flow check
valves (MFCV) were manufactured with an outlet fitting containing
red anodized threads. These MFCV do not provide adequate electrical
bonding between the valve and the adjacent fitting.
In the absence of proper electrical bonding within the motive
flow system, the aeroplane fuel tank could be exposed to ignition
sources in the case of a lightning strike.
* * * * *
The unsafe condition is the potential for ignition sources inside the
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
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 11, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
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
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-
4539; e-mail [email protected]; Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call 425-227-1221.
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 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: James Delisio, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228-7321; 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-2011-0043;
Directorate Identifier 2010-NM-192-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 http://
[[Page 9983]]
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-
2010-21, dated July 20, 2010 (referred to after this as ``the MCAI''),
to correct an unsafe condition for the specified products. The MCAI
states:
During production quality inspections of the aeroplane fuel
motive flow system, it was discovered that some motive flow check
valves (MFCV) were manufactured with an outlet fitting containing
red anodized threads. These MFCV do not provide adequate electrical
bonding between the valve and the adjacent fitting.
In the absence of proper electrical bonding within the motive
flow system, the aeroplane fuel tank could be exposed to ignition
sources in the case of a lightning strike.
This [TCCA] directive is issued to [do a general visual
inspection to] verify the proper configuration of the MFCV and if
required, replace the affected MFCV with a MFCV that has a
chemically filmed (gold color) outlet valve fitting, which provides
adequate electrical bonding.
The unsafe condition is the potential for ignition sources inside the
fuel tanks, which, in combination with flammable fuel vapors, could
result in a fuel tank explosion and consequent loss of the airplane.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Bombardier has issued Service Bulletin 84-28-08, dated March 11,
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 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 67 products of U.S. registry. We also estimate that
it would take about 33 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $130 per product. Based on
these figures, we estimate the cost of the proposed AD on U.S.
operators to be $196,645, or $2,935 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 proposed 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:
Bombardier, Inc.: Docket No. FAA-2011-0043; Directorate Identifier
2010-NM-192-AD.
Comments Due Date
(a) We must receive comments by April 11, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc. Model DHC-8-400, -401,
and -402 airplanes, certificated in any category; having serial
numbers 4001 through 4190 inclusive, 4199 through 4201 inclusive,
and 4203 through 4216 inclusive; equipped with a motive flow check
valve (MFCV) having part number (P/N) 2960018-101.
Subject
(d) Air Transport Association (ATA) of America Code 28, Fuel.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
During production quality inspections of the aeroplane fuel
motive flow system, it was discovered that some motive flow check
valves (MFCV) were manufactured with an
[[Page 9984]]
outlet fitting containing red anodized threads. These MFCV do not
provide adequate electrical bonding between the valve and the
adjacent fitting.
In the absence of proper electrical bonding within the motive
flow system, the aeroplane fuel tank could be exposed to ignition
sources in the case of a lightning strike.
* * * * *
The unsafe condition is the potential for ignition sources inside
the fuel tanks, which, in combination with flammable fuel vapors,
could result in a fuel tank explosion and consequent loss of the
airplane.
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 6,000 flight hours after the effective date of this
AD, do a general visual inspection for red anodized threads of the
outlet fitting of the MFCV having P/N 2960018-101 installed in the
left and right wing fuel tanks, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 84-28-08,
dated March 11, 2010. If the MFCV has a chemical film coating (gold
color) outlet fitting, no further action is required by AD, except
as required by paragraph (i) of this AD.
(h) If during the inspection required by paragraph (g) of this
AD, a MFCV having a red anodized check valve outlet fitting is
found: Before further flight, replace the MFCV with a MFCV that has
a chemical film coating (gold color) check valve outlet fitting, in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 84-28-08, dated March 11, 2010.
(i) As of the effective date of this AD, no person may install a
replacement MFCV having P/N 2960018-101, with a red anodized check
valve outlet fitting, on any airplane.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(j) 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 appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
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.
Related Information
(k) Refer to TCCA Airworthiness Directive CF-2010-21, dated July
20, 2010; and Bombardier Service Bulletin 84-28-08, dated March 11,
2010; for related information.
Issued in Renton, Washington on February 14, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-4011 Filed 2-22-11; 8:45 am]
BILLING CODE 4910-13-P