[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Proposed Rules]
[Pages 55322-55325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19232]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1151; Project Identifier MCAI-2020-01603-T]
RIN 2120-AA64


Airworthiness Directives; De Havilland Aircraft of Canada Limited 
(Type Certificate Previously Held by Bombardier, Inc.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain De Havilland Aircraft of Canada Limited Model DHC-8-400 
series airplanes. This proposed AD was prompted by a report that 
electrical bonding jumpers had been installed on fuel scavenge lines 
even after the removal was required by previous AD rulemaking and that 
electrical bonding jumpers may have been installed in production or in 
service at other locations. This proposed AD would require an 
inspection for electrical bonding jumpers and brackets on the fuel 
scavenge and vent lines at specific wing locations, and if installed, 
removal or modification of those jumpers and brackets. This proposed AD 
would also require a records check to determine if certain maintenance 
tasks were performed and removal, modification, or rework if those 
tasks were performed. This proposed AD would also prohibit the use of 
earlier versions of certain maintenance tasks. The FAA is proposing 
this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 24, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact De 
Havilland Aircraft of Canada Limited, Dash 8 Series Customer Response 
Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9, Canada; 
North America (toll-free): 855-310-1013, Direct: 647-277-5820; email 
dehavilland.com">[email protected]dehavilland.com; internet dehavilland.com. You may view this 
service information at the FAA, Airworthiness Products Section, 
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1151; or in person at Docket 
Operations between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The AD docket contains this NPRM, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Joseph Catanzaro, Aerospace Engineer, 
Airframe and Propulsion Section, FAA, New York ACO Branch, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7366; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1151; Project Identifier 
MCAI-2020-01603-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.

[[Page 55323]]

    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Joseph Catanzaro, Aerospace Engineer, Airframe and Propulsion Section, 
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7366; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation 
authority for Canada, has issued TCCA AD CF-2020-01, dated January 14, 
2020 (TCCA AD CF-2020-01) (also referred to after this as the MCAI), to 
correct an unsafe condition for certain De Havilland Aircraft of Canada 
Limited Model DHC-8-400, -401, and -402 airplanes. You may examine the 
MCAI in the AD docket at regulations.gov by searching for and locating 
Docket No. FAA-2022-1151.
    This proposed AD was prompted by a report that electrical bonding 
jumpers had been installed on fuel scavenge lines even after the 
removal was required by TCCA AD CF-2010-31, dated September 3, 2010 
(which corresponds to FAA AD 2011-13-06, Amendment 39-16729 (76 FR 
37258, June 27, 2011) (AD 2011-13-06)). AD 2011-13-06 required 
modifications to the fuel system to address a potential ignition source 
within the fuel system. Subsequent investigation showed that electrical 
bonding jumpers may have been installed in production or in service at 
other locations on the fuel scavenge and vent lines. If installed, 
these electrical bonding jumpers could affect the integrity of the fuel 
scavenge and vent lines' electrical bonding paths. The FAA is proposing 
this AD to address altered electrical bonding paths, which may lead to 
lightning strike-induced ignition of the fuel tank. See the MCAI for 
additional background information.
    Since the electrical bonding jumpers may have been installed during 
the accomplishment of certain maintenance tasks, this proposed AD would 
prohibit the use of those maintenance tasks. Those prohibited tasks may 
have been accomplished at any point after the airplane was produced. 
For airplanes on which any of the prohibited tasks were accomplished, 
this AD would require re-accomplishing the inspection for electrical 
bonding jumpers and brackets on the fuel scavenge and vent lines at 
specific wing locations and removal or modification of those bonding 
jumpers and brackets; or rework using a method approved by the Manager, 
New York ACO Branch, FAA; or TCCA; or De Havilland Aircraft of Canada 
Limited's TCCA Design Approval Organization (DAO); depending on 
configuration.

Related Service Information Under 1 CFR Part 51

    De Havilland Aircraft of Canada Limited has issued Bombardier 
Service Bulletins 84-28-29; and 84-28-30; both dated October 17, 2018; 
which describe procedures for an inspection of certain wing stations in 
the left and right wings for the presence of brackets and electrical 
bonding jumpers on the fuel scavenge and vent lines, and if installed, 
removal or modification of those electrical bonding jumpers and 
brackets. These documents are distinct because they apply to different 
airplane configurations.
    De Havilland Aircraft of Canada Limited has also issued the 
following Bombardier service information, which describes fuel system 
limitations or airworthiness limitations for fuel tank systems. These 
documents are distinct because they apply to different airplane 
configurations.
     (Bombardier) Q400 Dash 8 Aircraft Maintenance Manual (AMM) 
Temporary Revision (TR) 28-170, dated November 2, 2018.
     (Bombardier) Q400 Dash 8 AMM TR 28-171, dated November 2, 
2018.
     (Bombardier) Q400 Dash 8 AMM TR 28-166, dated November 2, 
2018.
     (Bombardier) Q400 Dash 8 AMM TR 28-167, dated November 2, 
2018.
     (Bombardier) Q400 Dash 8 AMM TR 28-168, dated November 2, 
2018.
     (Bombardier) Q400 Dash 8 AMM TR 28-169 dated November 2, 
2018.
     (Bombardier) Q400 Dash 8 AMM TR 28-163, dated August 1, 
2018
     (Bombardier) Q400 Dash 8 Maintenance Task Card Manual 
(MTCM) Maintenance Task Card 000-28-520-704 (Config A01), Detailed 
Inspection of the Teflon\TM\ Sleeve on the Fuel Tank Vent Line (LH), 
Revision 43, Amendment 0001, dated August 1, 2018.
     (Bombardier) Q400 Dash 8 MTCM Maintenance Task Card 000-
28-620-704 (Config A01), Detailed Inspection of the Teflon\TM\ Sleeve 
on the Fuel Tank Vent Line (RH), Revision 43, Amendment 0001, dated 
August 1, 2018.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information already described. This proposed AD would 
also require a records check to determine if certain maintenance tasks 
were performed. This proposed AD would also prohibit the use of earlier 
versions of certain maintenance tasks.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 53 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

[[Page 55324]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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Up to 94 work-hours x $85 per hour = Up to $7,990............              $0           $7,990         $423,470
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                 Estimated Costs of On-Condition Actions
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           Labor cost              Parts cost        Cost per product
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Up to 40 work-hours x $85 per              $100  Up to $3,500.
 hour = Up to $3,400.
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    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition rework specified in this proposed 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.
    The FAA is 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

    The FAA 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) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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

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 airworthiness 
directive:

De Havilland Aircraft of Canada Limited (Type Certificate Previously 
Held by Bombardier, Inc.): Docket No. FAA-2022-1151; Project 
Identifier MCAI-2020-01603-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 24, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to De Havilland Aircraft of Canada Limited (Type 
Certificate previously held by Bombardier, Inc.) Model DHC-8-400, -
401, and -402 airplanes, certificated in any category, having serial 
numbers 4001, 4003, and subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel System.

(e) Unsafe Condition

    This AD was prompted by a report that electrical bonding jumpers 
had been installed on fuel scavenge lines even after the removal was 
required by previous AD rulemaking and electrical bonding jumpers 
may have been installed in production or in service at other 
locations. The FAA is issuing this AD to address altered electrical 
bonding paths, which may lead to lightning strike-induced ignition 
of the fuel tank.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definition

    For the purposes of this AD, ``prohibited tasks'' are identified 
as any task identified in paragraph (j) of this AD and any procedure 
or task that specifies fuel tank access using non-manufacturer-
approved procedures.

(h) Inspection and Modification

    (1) For airplanes having serial numbers 4001, and 4003 through 
4118 inclusive: Within 6,000 flight hours or 36 months after the 
effective date of this AD, whichever occurs first, inspect wing 
stations  79.7,  136.3,  173.2, 
and  299.019 in the left and right wings for the 
presence of brackets and electrical bonding jumpers installed on the 
fuel scavenge and vent lines, in accordance with the Accomplishment 
Instructions of Bombardier Service Bulletin 84-28-29, dated October 
1, 2018. If installed, remove or modify the electrical bonding 
jumpers and brackets as applicable, before further flight, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-28-29, dated October 17, 2018.
    (2) For airplanes having serial numbers 4119 through 4597 
inclusive: Within 6,000 flight hours or 36 months after the 
effective date of this AD, whichever occurs first, inspect wing 
stations  79.7,  136.3, and  
173.2 in the left and right wings for the presence of brackets and 
electrical bonding jumpers on the fuel scavenge and vent lines, in 
accordance with the Accomplishment Instructions of Bombardier 
Service Bulletin 84-28-29, dated October 1, 2018. If installed, 
remove or modify the electrical bonding jumpers and brackets as 
applicable, before further flight, in accordance with the 
Accomplishment Instructions of Bombardier Service Bulletin 84-28-30, 
dated October 17, 2018.

(i) Verification and Rework for the Existing Maintenance Program

    (1) For airplanes having serial numbers 4001, and 4003 through 
4597 inclusive, on which the actions required by paragraph (h)(1) or 
(2) of this AD have been done before the effective date of this AD: 
Within 60 days after the effective date of this AD, review the 
airplane maintenance records to confirm if any of the prohibited 
tasks (defined in paragraph (g) of this AD) were accomplished during 
or after compliance with paragraph (h)(1) or (2) of this AD. If any 
of the

[[Page 55325]]

prohibited tasks were accomplished during or after compliance with 
paragraph (h)(1) or (2) of this AD, or if it cannot be conclusively 
confirmed that they were not accomplished during or after compliance 
with paragraph (h)(1) or (2) of this AD: Within 6,000 flight hours 
or 36 months after the effective date of this AD, whichever occurs 
first, do the actions required by paragraph (h)(1) or (2) of this 
AD, as applicable.
    (2) For airplanes having serial numbers 4598 and subsequent, 
with an airplane date of manufacture, as identified on the 
identification plate of the airplane, dated before the effective 
date of this AD: Within 60 days after the effective date of this AD, 
review the airplane maintenance records to confirm if any of the 
prohibited tasks (defined in paragraph (g) of this AD) were 
accomplished on or after the airplane date of manufacture. If any of 
the prohibited tasks were accomplished on or after the airplane date 
of manufacture, or if it cannot be conclusively confirmed that they 
were not accomplished on or after the airplane date of manufacture: 
Within 6,000 flight hours or 36 months after the effective date of 
this AD, whichever occurs first, obtain and follow instructions for 
rework using a method approved by the Manager, New York ACO Branch, 
FAA; or Transport Canada Civil Aviation (TCCA); or De Havilland 
Aircraft of Canada Limited's TCCA Design Approval Organization 
(DAO). If approved by the DAO, the approval must include the DAO-
authorized signature.

(j) Maintenance Task Prohibitions

    For all airplanes: As of the effective date of this AD, comply 
with the prohibitions specified in paragraphs (j)(1) and (2) of this 
AD.
    (1) It is prohibited to use the Bombardier aircraft maintenance 
manual (AMM) tasks identified in paragraphs (j)(1)(i) through (vii) 
of this AD, which are specified in the Bombardier Q400, PSM 1-84-2, 
Revision 63, dated October 5, 2018, or earlier revisions of these 
tasks. Temporary Revisions (TRs) including these AMM tasks, dated 
November 2, 2018, or earlier, are also prohibited for use except as 
specified in paragraph (j)(1)(i) through (vii) of this AD.
    (i) Task 28-12-01-000-801, Removal of the Inboard Vent Line, 
with the exception of (Bombardier) Q400 Dash 8 AMM TR 28-170, dated 
November 2, 2018.
    (ii) Task 28-12-01-400-801, Installation of the Inboard Vent 
Line, with the exception of (Bombardier) Q400 Dash 8 AMM TR 28-171, 
dated November 2, 2018.
    (iii) Task 28-11-06-000-801, Removal of the Motive Flow Lines, 
with the exception of (Bombardier) Q400 Dash 8 AMM TR 28-166, dated 
November 2, 2018.
    (iv) Task 28-11-06-400-801, Installation of the Motive Flow 
Lines, with the exception of (Bombardier) Q400 Dash 8 AMM TR 28-167, 
dated November 2, 2018.
    (v) Task 28-11-16-000-801, Removal of the Scavenge Flow Lines, 
with the exception of (Bombardier) Q400 Dash 8 AMM TR 28-168, dated 
November 2, 2018.
    (vi) Task 28-11-16-400-801, Installation of the Scavenge Flow 
Lines, with the exception of (Bombardier) Q400 Dash 8 AMM TR 28-169 
dated November 2, 2018.
    (vii) Task 28-10-00-280-806, Detailed Inspection of the 
Teflon\TM\ Sleeve on the Fuel Tank Vent Line, LH and RH (FSL 
#284000-406), with the exception of (Bombardier) Q400 Dash 8 AMM TR 
28-163, dated August 1, 2018.
    (2) It is prohibited to use the Bombardier Q400 Dash 8 
Maintenance Task Card Manual (MTCM) task cards identified in 
paragraphs (j)(2)(i) and (ii) of this AD that are specified in the 
Bombardier Q400 Dash 8 MTCM, PSM 1-84-7TC, Revision 43, dated May 5, 
2018, or earlier revisions or amendments of these task cards. MTCM 
task card revisions or amendments dated August 1, 2018, or earlier, 
are also prohibited for use, except as specified in paragraphs 
(j)(2)(i) and (ii) of this AD.
    (i) Bombardier Q400 Dash 8 MTCM Maintenance Task Card 000-28-
520-704 (Config A01), Detailed Inspection of the Teflon\TM\ Sleeve 
on the Fuel Tank Vent Line (LH), with the exception of (Bombardier) 
Q400 Dash 8 MTCM Maintenance Task Card 000-28-520-704 (Config A01), 
Detailed Inspection of the Teflon\TM\ Sleeve on the Fuel Tank Vent 
Line (LH), Revision 43, Amendment 0001, dated August 1, 2018.
    (ii) Bombardier Q400 Dash 8 MTCM Maintenance Task Card 000-28-
620-704 (Config A01), Detailed Inspection of the Teflon\TM\ Sleeve 
on the Fuel Tank Vent Line (RH), with the exception of (Bombardier) 
Q400 Dash 8 MTCM Maintenance Task Card 000-28-620-704 (Config A01), 
Detailed Inspection of the Teflon\TM\ Sleeve on the Fuel Tank Vent 
Line (RH), Revision 43, Amendment 0001, dated August 1, 2018.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New 
York ACO Branch, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. In 
accordance with 14 CFR 39.19, send your request to your principal 
inspector or responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the certification 
office, send it to ATTN: Program Manager, Continuing Operational 
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the responsible Flight 
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, New York ACO 
Branch, FAA; or TCCA; or De Havilland Aircraft of Canada Limited's 
TCCA DAO. If approved by the DAO, the approval must include the DAO-
authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) TCCA AD CF-2020-01, dated January 14, 2020, for related 
information. This MCAI may be found in the AD docket at 
regulations.gov by searching for and locating Docket No. FAA-2022-
1151.
    (2) For more information about this AD, contact Joseph 
Catanzaro, Aerospace Engineer, Airframe and Propulsion Section, FAA, 
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 
11590; telephone 516-228-7366; email [email protected].
    (3) For service information identified in this AD, contact De 
Havilland Aircraft of Canada Limited, Dash 8 Series Customer 
Response Centre, 5800 Explorer Drive, Mississauga, Ontario, L4W 5K9, 
Canada; North America (toll-free): 855-310-1013, Direct: 647-277-
5820; email dehavilland.com">[email protected]dehavilland.com; internet dehavilland.com. You may 
view this service information at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued on August 31, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19232 Filed 9-8-22; 8:45 am]
BILLING CODE 4910-13-P


