[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50755-50757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25120]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 94-NM-89-AD; Amendment 39-10785; AD 98-20-19]
RIN 2120-AA64
Airworthiness Directives; Bombardier Model DHC-8-100 and -300
Series 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-8-100 and -300 series
airplanes, that requires inspections to detect corrosion on areas of
the airplane structure where black film thermal insulation is used;
repair, if necessary; and replacement of black insulation blankets with
certain aluminized (silver) insulation. This amendment is prompted by
reports of corrosion forming on areas of the airplane structure where
the black film covers the thermal insulation blankets. The actions
specified by this AD are intended to prevent degradation of the
structural capability of the airplane fuselage and sudden loss of cabin
pressure due to corrosion of the airplane fuselage structure.
DATES: Effective October 28, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 28, 1998.
ADDRESSES: The service information referenced in this AD may be
obtained from Bombardier, Inc., Bombardier Regional Aircraft Division,
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, Engine and Propeller Directorate, New York
Aircraft Certification Office, 10 Fifth Street, Third Floor, Valley
Stream, New York; or at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Jon Hjelm, Aerospace Engineer,
Airframe Branch, ANE-172, FAA, Engine and Propeller Directorate, New
York Aircraft Certification Office, 10 Fifth Street, Third Floor,
Valley Stream, New York 11581; telephone (516) 256-7523; fax (516) 568-
2716.
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-8-100
and -300 series airplanes was published as a supplemental notice of
proposed rulemaking (NPRM) in the Federal Register on March 28, 1996
(61 FR 13785). That supplemental NPRM proposed to require inspections
to detect corrosion on areas of the airplane structure where black film
thermal insulation is used; repair, if necessary; and replacement of
black insulation blankets with certain aluminized (silver) insulation.
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.
One commenter supports the proposed AD.
As proposed, paragraph (a) of the supplemental NPRM would require a
determination from airplane modification records as to whether any of
the retrofit kits listed in the applicable service bulletin have been
installed. If any have been installed, that paragraph also would
require removal of the black film insulation blanket and inspection of
the affected areas ``prior to further flight.'' One commenter believes
that this compliance time of ``prior to further flight'' is too
restrictive, since the airplane could be in operation at the time the
modification records are consulted. The commenter requests that the
supplemental NPRM be reworded to allow a records search to determine
which aircraft have had the retrofit kits installed, and that the
inspection for black insulation be completed within a compliance time
of one year. The commenter adds that subsequent repairs could be
accomplished prior to further flight. The commenter states that this
would allow the required inspections to be carried out coincidentally
with scheduled major airplane inspection and maintenance activities,
thereby minimizing costs associated with special airplane scheduling.
The FAA concurs that paragraph (a), as proposed, would be more
restrictive than intended. The FAA has revised paragraph (a)(1)(ii) of
this final rule to require removal of the insulation and inspection of
the affected areas within one year after the effective date of the AD,
rather than immediately after the records are searched. Depending on
how early the records are searched, an operator will have as much as
one year following the search in which to accomplish the required
insulation removal and inspections. Any corrosion found will be
required to be repaired prior to further flight in accordance with
paragraph (a)(1)(ii)(A) or (a)(1)(ii)(B), regardless of when the
inspection is accomplished.
Another commenter notes that compliance with the proposed
requirements of paragraph (b) would make paragraph (a) redundant, and
asks that paragraph (a) be revised (1) to state that it does not apply
to airplanes on which the service bulletins specified in paragraph (b)
have been accomplished, and (2) to specify the serial numbers of
affected airplanes as Series 100 serial numbers 003-179, and Series 300
serial numbers 100-138. The commenter states that all areas of the
airplane are inspected, and all black insulation is removed during
accomplishment of the applicable service bulletins referenced in
paragraph (b) of the supplemental NPRM.
The FAA concurs partially with the commenter's remarks. The FAA has
revised paragraph (a) of this final rule and has added a new paragraph
(c) to specify that compliance with paragraph (a) is only necessary if
compliance with paragraph (b) has not been accomplished. However, the
FAA does not agree that specifying the serial numbers of affected
airplanes in paragraph (a) of the AD, as suggested by the commenter, is
necessary. Paragraph (a) of the supplemental NPRM specifies that the
affected airplanes are those listed in Bombardier Service Bulletin S.B.
8-21-68, dated July 20, 1994. The FAA has verified with the
manufacturer that the serial numbers listed in that service bulletin
are the appropriate serial numbers of affected airplanes. (The service
bulletin specifies the affected airplanes as those having serial
numbers 003 through 381 inclusive.) Therefore, no change to paragraph
(a) of the final rule is necessary in this regard.
As proposed, paragraph (a)(1)(ii)(B) would require repair of
corrosion beyond the limits specified in the service bulletin in
accordance with a method approved by the FAA. One
[[Page 50756]]
commenter requests that the supplemental NPRM allow repairs approved by
the manufacturer, since this would allow the use of the manufacturer's
repair drawings without any further approval. The FAA does not concur,
since to do so would be delegating its rulemaking authority to the
manufacturer.
Another commenter also requests that paragraph (b) be revised to
permit compliance with any previous revision of the referenced service
bulletins to eliminate unnecessary filing for approval of alternative
methods of compliance by operators. The FAA does not concur, since
previous revisions of the service bulletin are not immediately
available for review by the FAA. The FAA does not consider that further
delay of this action until such time as the service bulletin revisions
could be received and reviewed is warranted in light of the amount of
time that has already passed since the issuance of the original NPRM.
No change has been made to the final rule in this regard.
The final rule has been revised to change the manufacturer's name
from de Havilland, Inc., to Bombardier, Inc.
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 previously
described. 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 125 Model DHC-8-100 and -300 series
airplanes of U.S. registry will be affected by this AD, that it will
take approximately 650 work hours per airplane to accomplish the
required actions, and that the average labor rate is $60 per work hour.
(Work hours associated with the actions described in Service Bulletin
S.B. 8-21-68 cannot be estimated at this time since exact numbers of
the retrofit kits installed are unknown.) However, the FAA has been
advised that the manufacturer will provide required parts and
accomplish the required modification at no expense to operators.
Therefore, there is no cost impact to U.S. operators that is associated
with this rule with regard to labor charges or parts costs.
The FAA does recognize, however, that while operators may incur
administrative costs associated with compliance to this rule, the one-
year compliance time specified in paragraphs (a) and (b) of this
proposed AD should allow ample time for the requirements to be
accomplished coincidentally with scheduled major airplane inspection
and maintenance activities, thereby minimizing the costs associated
with special airplane scheduling.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
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
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
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. Section 39.13 is amended by adding the following new
airworthiness directive:
98-20-19 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment
39-10785. Docket 94-NM-89-AD.
Applicability: Model DHC-8-100 and -300 series airplanes, equipped
with black Orcon film insulation, certificated in any category; and
listed in the following Bombardier Service Bulletins:
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DHC-8 Models Service Bulletin No. Revision level Date
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102, 103, and 106................ S.B. 8-25-89 E July 6, 1994.
102, 103, and 106................ S.B. 8-25-90 C July 5, 1994.
102, 103, 106, 301, 311, and 314. S.B. 8-25-91 D July 20, 1994.
301, 311, and 314................ S.B. 8-25-92 E July 20, 1994.
301, 311, and 314................ S.B. 8-25-93 C July 20, 1994.
102, 103, 106, 301, 311, and 314. S.B. 8-21-68 ........................ July 20, 1994.
102, 103, 301, 311, and 314...... S.B. 8-21-66 C Mar. 24, 1995.
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Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To prevent degradation of the structural capability of the
airplane fuselage and sudden loss of cabin pressure due to corrosion
of the airplane fuselage structure, accomplish the following:
(a) For airplanes listed in Bombardier Service Bulletin S.B. 8-
21-68, dated July 20, 1994: Except as provided by paragraph (c) of
this AD, within one year after the effective
[[Page 50757]]
date of this AD, accomplish the requirements of paragraphs (a)(1)
and (a)(2) of this AD.
(1) Determine from the airplane modification records whether any
of the retrofit kits listed in the service bulletin have been
installed in the airplane, in accordance with the service bulletin.
(i) If no kit has been installed, no further action is required
by this paragraph.
(ii) If any kit has been installed, within one year after the
effective date of this AD, remove any black film insulation blanket,
and perform a visual inspection to detect corrosion of all airplane
structure in contact with the black insulation, in accordance with
the service bulletin.
(A) If any corrosion is found that is within the limits
specified in the service bulletin, prior to further flight, repair
in accordance with the service bulletin.
(B) If any corrosion is found that is beyond the limits
specified in the service bulletin, prior to further flight, repair
in accordance with a method approved by the New York Aircraft
Certification Office (ACO), ANE-170, FAA Engine and Propeller
Directorate.
(2) Install the AN4C aluminized (silver) film insulation in
accordance with the service bulletin.
(b) Within one year after the effective date of this AD,
accomplish the requirements of paragraph (b)(1), (b)(2), and (b)(3)
of this AD, in accordance with the following Bombardier service
bulletins, as applicable.
S.B. 8-25-89, Revision E, dated July 6, 1994;
S.B. 8-25-90, Revision C, dated July 5, 1994;
S.B. 8-25-91, Revision D, dated July 20, 1994;
S.B. 8-25-92, Revision E, dated July 20, 1994;
S.B. 8-25-93, Revision C, dated July 20, 1994; or
S.B. 8-21-66, Revision C, dated March 24, 1995.
(1) Remove any black Orcon film insulation from the flight
compartment and forward fuselage of the airplane, the passenger
compartment, the air conditioning ducts, and the delivery and
recirculation ducts of the air conditioning system in the rear
fuselage, in accordance with the applicable service bulletin.
(2) Perform a visual inspection to detect corrosion of all
airplane structure in contact with the black insulation, in
accordance with the applicable service bulletin.
(i) If any corrosion is found that is within the limits
specified in the service bulletin, prior to further flight, repair
in accordance with the applicable service bulletin.
(ii) If any corrosion is found that is beyond the limits
specified in the service bulletin, prior to further flight, repair
in accordance with a method approved by the Manager, New York ACO.
(3) Install the AN4C aluminized (silver) film insulation in
accordance with the applicable service bulletin.
(c) Airplanes on which the actions required by paragraph (b) of
this AD are performed prior to accomplishment of the actions
required by paragraph (a) of this AD are not required to accomplish
the actions required by paragraph (a).
(d) As of the effective date of this AD, no person shall install
black Orcon film insulation, part number AN46B/AN36B, on any
airplane.
(e) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, New York ACO. Operators shall
submit their requests through an appropriate FAA Principal
Maintenance Inspector, who may add comments and then send it to the
Manager, New York ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the New York ACO.
(f) Special flight permits may be issued in accordance with
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR
21.197 and 21.199) to operate the airplane to a location where the
requirements of this AD can be accomplished.
(g) The actions shall be done in accordance with the following
Bombardier service bulletins:
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Service bulletin No. Revision level Date
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S.B. 8-21-68.................... Original July 20, 1994.
S.B. 8-25-89.................... E July 6, 1994.
S.B. 8-25-90.................... C July 5, 1994.
S.B. 8-25-91.................... D July 20, 1994.
S.B. 8-25-92.................... E July 20, 1994.
S.B. 8-25-93.................... C July 20, 1994.
S.B. 8-21-66.................... C Mar. 25, 1995.
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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., 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, Engine and Propeller Directorate, New
York Aircraft Certification Office, 10 Fifth Street, Third Floor,
Valley Stream, New York; or at the Office of the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC.
Note 3: The subject of this AD is addressed in Canadian
airworthiness directives CF-94-25R1 and CF-94-26R1, both dated June
30, 1995.
(h) This amendment becomes effective on October 28, 1998.
Issued in Renton, Washington, on September 14, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-25120 Filed 9-22-98; 8:45 am]
BILLING CODE 4910-13-U
