AD Amdt-39-16122

[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63595-63598]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E9-28763]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1106; Directorate Identifier 2009-NM-171-AD; 
Amendment 39-16122; AD 2008-09-24 R1]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-400, DHC-8-401, 
and DHC-8-402 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above that would revise an existing AD. 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:

    Bombardier Aerospace has completed a system safety review of the 
aircraft fuel system against fuel tank safety standards introduced 
in Chapter 525 of the Airworthiness Manual through Notice of 
Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.
    The assessment showed that it is necessary to introduce Critical 
Design Configuration Control Limitations (CDCCL), in order to 
preserve critical fuel tank system ignition source prevention 
features during configuration changes such as modifications and 
repairs, or during maintenance actions. Failure to preserve critical 
fuel tank system ignition source prevention features could result in 
a fuel tank explosion. * * *

    This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective December 21, 2009.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of December 21, 
2009.
    On June 6, 2008 (73 FR 24143, May 2, 2008), the Director of the 
Federal Register approved the incorporation by reference of certain 
other publications listed in the AD.
    We must receive comments on this AD by January 19, 2010.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> 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 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 
<a href="/cdn-cgi/l/email-protection#7d091519530c0e180f14180e3d1c180f12531f12101f1c0f1914180f531e1210"><span class="__cf_email__" data-cfemail="483c202c66393b2d3a212d3b08292d3a27662a27252a293a2c212d3a662b2725">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 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:

Discussion

    On April 24, 2008, we issued AD 2008-09-24, Amendment 39-15505 (73 
FR 24143, May 2, 2008). That AD applied to all Bombardier Model DHC-8-
400, DHC-8-401, and DHC-8-402 airplanes. That AD required revising the 
Airworthiness Limitations Section (ALS) of the Instructions for 
Continued Airworthiness to incorporate the CDCCLs specified in Dash 8 
Q400 (Bombardier) Temporary Revisions (TRs) ALI-55, dated April 19, 
2006; and ALI-56, dated April 19, 2006; to Part 2, ``Airworthiness 
Limitations Items,'' of the Bombardier Dash 8 Q400 Maintenance 
Requirements Manual (MRM) PSM 1-84-7.
    Critical design configuration control limitations (CDCCLs) are 
limitation requirements to preserve a critical ignition source 
prevention feature of the fuel tank system design that is necessary to 
prevent the occurrence of an unsafe condition. The purpose of a CDCCL 
is to provide instruction to retain the critical ignition source 
prevention feature during configuration change that may be caused by 
alterations, repairs, or maintenance actions. A CDCCL is not a periodic 
inspection.
    Since we issued that AD, we have determined that it is necessary to 
clarify the AD's intended effect on spare and on-airplane fuel tank 
system components, regarding the use of maintenance manuals and 
instructions for continued airworthiness.
    Section 91.403(c) of the Federal Aviation Regulations (14 CFR 
91.403(c)) specifies the following:

    No person may operate an aircraft for which a manufacturer's 
maintenance manual or instructions for continued airworthiness has 
been issued that contains an airworthiness limitation section unless 
the mandatory * * * procedures * * * have been complied with.

    Some operators have questioned whether existing components affected 
by the new CDCCLs must be reworked. We did not intend for the AD to 
retroactively require rework of components that had been maintained 
using acceptable methods before the effective date of the AD. Owners 
and operators of the affected airplanes therefore are not required to 
rework affected components identified as airworthy or installed on the 
affected airplanes before the required revisions of the ALS. But once 
the CDCCLs are incorporated into the ALS, future maintenance actions on 
components must be done in accordance with those CDCCLs.

Relevant Service Information

    AD 2008-09-24 cites Dash 8 Q400 (Bombardier) Temporary Revision 
(TR) ALI-55, dated April 19, 2006; and TR ALI-56, dated April 19, 2006; 
to Part 2, ``Airworthiness Limitations Items,'' of the Bombardier Dash 
8 Q400 Maintenance Requirements Manual PSM 1-84-7. Since we issued that 
AD, Bombardier has revised the referenced service information. We have 
reviewed Dash 8 Q400 (Bombardier) TR ALI-76, dated January 24, 2008, to 
Part 2, ``Airworthiness Limitations Items,'' of the Bombardier Dash 8 
Q400 MRM PSM

[[Page 63596]]

1-84-7. The revised TR supersedes and cancels TR ALI-56 and updates 
applicability information, but adds no new procedures.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. This new 
AD retains the requirements of the existing AD, and adds a new note to 
clarify the intended effect of the AD on spare and on-airplane fuel 
tank system components.

Explanation of Additional Change to AD

    AD 2008-09-24 allowed the use of alternative CDCCLs if they are 
part of a later revision of Part 2, Revision 4, dated October 30, 2003, 
of the Bombardier Dash 8 Q400 MRM PSM 1-84-7, Revision 4. That 
provision has been removed from this AD. Allowing the use of ``a later 
revision'' of a specific service document violates Office of the 
Federal Register regulations for approving materials that are 
incorporated by reference. Affected operators, however, may request 
approval to use an alternative CDCCL that is part of a later revision 
of the referenced service document as an alternative method of 
compliance, under the provisions of paragraph (g)(1) of this AD.

Differences Between the 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 FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    This revision imposes no additional economic burden. The current 
costs for this AD are repeated for the convenience of affected 
operators, as follows:
    We estimate that this AD will affect about 45 products of U.S. 
registry. We also estimate that it will take about 1 work-hour 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 $3,600, or $80 per 
product.

FAA's Justification and Determination of the Effective Date

    This revision merely clarifies the intended effect on spare and on-
airplane fuel tank system components, and makes no substantive change 
to the AD's requirements. For this reason, it is found that notice and 
opportunity for prior public comment for this action are unnecessary, 
and good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2009-1106; Directorate 
Identifier 2009-NM-171-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
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 removing amendment 39-15505 (73 FR 
24143, May 2, 2008) and adding the following new AD:

2008-09-24 R1 BOMBARDIER, INC. (Formerly de Havilland, Inc.): 
Amendment 39-16122. Docket No. FAA-2009-1106; Directorate Identifier 
2009-NM-171-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
21, 2009.

Affected ADs

    (b) This AD revises AD 2008-09-24, Amendment 39-15505.

Applicability

    (c) This AD applies to all Bombardier Model DHC-8-400, DHC-8-
401, and DHC-8-402 airplanes, certificated in any category, all 
serial numbers.

[[Page 63597]]

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    ``Bombardier Aerospace has completed a system safety review of 
the aircraft fuel system against fuel tank safety standards 
introduced in Chapter 525 of the Airworthiness Manual through Notice 
of Proposed Amendment (NPA) 2002-043. The identified non-compliances 
were then assessed using Transport Canada Policy Letter No. 525-001, 
to determine if mandatory corrective action is required.''
    ``The assessment showed that it is necessary to introduce 
Critical Design Configuration Control Limitations (CDCCL), in order 
to preserve critical fuel tank system ignition source prevention 
features during configuration changes such as modifications and 
repairs, or during maintenance actions. Failure to preserve critical 
fuel tank system ignition source prevention features could result in 
a fuel tank explosion. Revisions have been made to Part 2 
``Airworthiness Limitations Items'' of the Maintenance Requirements 
Manual of the affected models to introduce the required CDCCL.''

    The corrective action is revising the Airworthiness Limitations 
Section (ALS) of the Instructions for Continued Airworthiness to 
include the CDCCL data.

Restatement of Requirements of AD 2008-09-24, With Updated Service 
Information

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) For all airplanes: Within 60 days after June 6, 2008 (the 
effective date of AD 2008-09-24), revise the ALS of the Instructions 
for Continued Airworthiness to incorporate the CDCCLs specified in 
Dash 8 Q400 (Bombardier) Temporary Revisions (TRs) ALI-55, dated 
April 19, 2006; ALI-56, dated April 19, 2006; and TR ALI-76, dated 
January 24, 2008; to Part 2, ``Airworthiness Limitations Items,'' of 
the Bombardier Dash 8 Q400 Maintenance Requirements Manual (MRM) PSM 
1-84-7.

    Note 1:  The actions required by paragraph (f)(1) of this AD may 
be done by inserting a copy of the applicable TRs into the 
maintenance requirements manual. When the TRs have been included in 
the general revision of the maintenance program, the general 
revision may be inserted into the maintenance requirements manual, 
provided the relevant information in the general revision is 
identical to that in the applicable TRs, and the TRs may be removed.

    (2) After accomplishing the actions specified in paragraph 
(f)(1) of this AD, no alternative CDCCLs may be used unless the 
CDCCLs are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in paragraph (g)(1) of this 
AD.

New Information

Explanation of CDCCL Requirements

    Note 2:  Notwithstanding any other maintenance or operational 
requirements, components that have been identified as airworthy or 
installed on the affected airplanes before the revision of the ALS, 
as required by paragraph (f)(1) of this AD, do not need to be 
reworked in accordance with the CDCCLs. However, once the ALS has 
been revised, future maintenance actions on these components must be 
done in accordance with the CDCCLs.

FAA AD Differences

    Note 3: 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 ensure 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 MCAI Canadian Airworthiness Directive CF-2008-06, 
dated January 15, 2008, and the service information specified in 
Table 1 of this AD, for related information.

                  Table 1--Related Service Information
------------------------------------------------------------------------
     Dash 8 Q400 (Bombardier) TR--                   Dated--
------------------------------------------------------------------------
ALI-55................................  April 19, 2006.
ALI-56................................  April 19, 2006.
ALI-76................................  January 24, 2008.
------------------------------------------------------------------------

Material Incorporated by Reference

    (i) You must use the service information specified in Table 2 of 
this AD, as applicable, to do the actions required by this AD, 
unless the AD specifies otherwise.

         Table 2--Service Information Incorporated by Reference
------------------------------------------------------------------------
        Dash 8 Q400 (Bombardier) TR--                   Dated--
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ALI-55 to Part 2, ``Airworthiness             April 19, 2006.
 Limitations Items,'' of the Bombardier Dash
 8 Q400 Maintenance Requirements Manual
 (MRM) PSM 1-84-7.
ALI-56 to Part 2, ``Airworthiness             April 19, 2006.
 Limitations Items,'' of the Bombardier Dash
 8 Q400 Maintenance Requirements Manual
 (MRM) PSM 1-84-7.
ALI-76 to Part 2, ``Airworthiness             January 24, 2008.
 Limitations Items,'' of the Bombardier Dash
 8 Q400 Maintenance Requirements Manual
 (MRM) PSM 1-84-7.
------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of Dash 8 Q400 (Bombardier) TR ALI-76, 
dated January 24, 2008, under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) The Director of the Federal Register previously approved the 
incorporation by reference of Dash 8 Q400 (Bombardier) TR ALI-55, 
dated April 19, 2006; and Dash 8 Q400 (Bombardier) TR ALI-56, dated 
April 19, 2006; on June 6, 2008 (73 FR 24143, May 2, 2008).
    (3) 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 <a href="/cdn-cgi/l/email-protection#abdfc3cf85dad8ced9c2ced8ebcaced9c485c9c4c6c9cad9cfc2ced985c8c4c6"><span class="__cf_email__" data-cfemail="1c687478326d6f796e75796f5c7d796e73327e73717e7d6e7875796e327f7371">[email&#160;protected]</span></a>; Internet <a href="http://www.bombardier.com">http://www.bombardier.com</a>.
    (4) 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.
    (5) 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/

[[Page 63598]]

code--of--federal--regulations/ibr--locations.html.

    Issued in Renton, Washington, on November 19, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28763 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-13-P