[Federal Register Volume 70, Number 65 (Wednesday, April 6, 2005)]
[Proposed Rules]
[Pages 17377-17381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6770]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20852; Directorate Identifier 2004-NM-240-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-102, -103, -106, 
-201, -202, -301, -311, and -315 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -
311, and -315 airplanes. This proposed AD would require revising the 
airworthiness limitations section of the Instructions for Continued 
Airworthiness by incorporating new and revised structural inspection 
procedures and new and revised inspection intervals for the 
longitudinal skin joints in the fuselage pressure shell. This proposed 
AD would also require phase-in inspections and repair of any crack 
found during any phase-in inspection. This proposed AD is prompted by a 
report indicating that visual inspections were not adequate for 
detecting fatigue cracking in portions of the longitudinal skin joints 
in the fuselage pressure shell. We are proposing this AD to detect and 
correct fatigue cracking of the longitudinal skin joints in the 
fuselage pressure shell, which could affect the structural integrity of 
the airplane, and result in loss of cabin pressurization during flight.

DATES: We must receive comments on this proposed AD by May 6, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.

[[Page 17378]]

     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     By fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., 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., Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-20852; the directorate identifier for this 
docket is 2004-NM-240-AD.

FOR FURTHER INFORMATION CONTACT: David Lawson, Aerospace Engineer, 
Airframe and Propulsion Branch, ANE-171, FAA, New York Aircraft 
Certification Office, 1600 Stewart Avenue, suite 410, Westbury, New 
York 11590; telephone (516) 228-7327; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-20852; 
Directorate Identifier 2004-NM-240-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments submitted by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket Web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You can review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
can visit http://dms.dot.gov.

Examining the Docket

    You can examine the AD docket on the Internet at http://dms.dot.gov, or in person at the Docket Management Facility office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the DMS receives them.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the airworthiness 
authority for Canada, notified us that an unsafe condition may exist on 
certain Bombardier Model DHC-8-102, -103, -106, -201, -202, -301, -311, 
and -315 airplanes. TCCA advises that the existing visual inspections 
in the airworthiness limitations section of the Instructions for 
Continued Airworthiness were not adequate for detecting fatigue 
cracking in portions of the longitudinal skin joints in the fuselage 
pressure shell. Those areas were hidden by other structures. Fatigue 
cracking of the fuselage longitudinal skin joints, if not detected and 
corrected, could affect the structural integrity of the airplane, and 
result in loss of cabin pressurization during flight.

Explanation of Canadian Airworthiness Directive and Relevant Service 
Information

    TCCA has issued Canadian airworthiness directive CF-2004-16, dated 
September 7, 2004, to ensure the continued airworthiness of these 
airplanes in Canada. The Canadian airworthiness directive requires 
revising the Transport Canada-approved maintenance program by 
incorporating new and revised structural inspection procedures and new 
and revised inspections intervals for the longitudinal skin joints in 
the fuselage pressure shell, as introduced in the temporary revisions 
(TR) to the applicable Bombardier DHC-8 Maintenance Program Manual, 
listed in the following tables. The TRs to the maintenance task cards 
(MTC) describe new and revised structural inspections. The TRs to the 
airworthiness limitations (AWL) describe new structural inspection 
intervals.

                                                           Table--Temporary Revisions to MTCs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Maintenance program manual/
            DHC-8 model               program support manual       Temporary revision             Task no.                          Date
                                               (PSM)                     number
--------------------------------------------------------------------------------------------------------------------------------------------------------
-102, -103, -106 airplanes........  PSM 1-8-7TC                 MTC-45                    5310/29E                  November 28, 2003.
                                                                MTC-46                    5310/30A                  November 28, 2003.
-201, -202 airplanes..............  PSM 1-82-7TC                MTC 2-45                  5310/29E                  November 28, 2003.
                                                                MTC 2-46                  5310/30A                  November 28, 2003.
-301, -311, -315 airplanes........  PSM 1-83-7TC                MTC 3-47                  5310/29E                  November 28, 2003.
                                                                MTC 3-48                  5310/30A                  November 28, 2003.
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[[Page 17379]]


                                        Table--Temporary Revisions to AWL
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                                                               Temporary  revision
          DHC-8 model            Maintenance program manual            no.                       Date
----------------------------------------------------------------------------------------------------------------
-102, -103, -106 airplanes....  PSM 1-8-7TC                  AWL-92                  June 28, 2004.
-102, -103, -106 airplanes....  PSM 1-8-7TC                  AWL-93                  June 28, 2004.
-201, -202 airplanes..........  PSM 1-82-7TC                 AWL 2-31                June 28, 2004.
-201, -202 airplanes..........  PSM 1-82-7TC                 AWL 2-32                June 28, 2004.
-301, -311, -315 airplanes....  PSM 1-83-7TC                 AWL 3-98                June 28, 2004.
-301, -311, -315 airplanes....  PSM 1-83-7TC                 AWL 3-99                June 28, 2004.
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                                            Table--Recommended Compliance Times in Temporary Revisions to AWL
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                                                                                                                                  Phase-in    Repetitive
                                                                                           Threshold/                            threshold/   intervals
                                                                                             initial      Initial repetitive        new        for new
    de Havilland, Inc., TR     DHC-8 model  airplanes                Action                inspection    inspection  (flight    inspections  inspections
                                                                                             (flight           cycles)             (flight      (flight
                                                                                             cycles)                              cycles)      cycles)
--------------------------------------------------------------------------------------------------------------------------------------------------------
AWL-92.......................  -102 and -103           Detailed inspection...............      40,000  Not applicable                40,000       37,000
AWL-92.......................  -106                    Detailed inspection...............      40,000  Not applicable                40,000       36,240
AWL-93.......................  -102 and -103           Above floor detailed inspection...      40,000  40,000                        80,000       16,475
                                                       Below floor detailed inspection...      40,000  40,000                        80,000       10,980
AWL-93.......................  -106                    Above floor detailed inspection...      40,000  40,000                        80,000        9,350
                                                       Below floor detailed inspection...      40,000  20,346                        60,346        6,230
AWL 2-31.....................  -201 and -202           Detailed inspection...............      40,000  Not applicable                40,000       36,240
AWL 2-32.....................  -201 and -202           Above floor detailed inspection...      40,000  40,000                        80,000        9,350
                                                       Below floor detailed inspection...      40,000  20,346                        60,346        6,230
AWL 3-98.....................  -301, -311, and -315    Detailed inspection...............      40,000  Not applicable                40,000       36,240
AWL 3-99.....................  -301                    Above floor detailed inspection...      40,000  Not applicable                40,000       40,000
                                                       Below floor detailed inspection...      40,000  Not applicable                40,000       30,920
AWL 3-99.....................  -311 and -315           Above floor detailed inspection...      40,000  Not applicable                40,000       40,000
                                                       Below floor detailed inspection...      40,000  Not applicable                40,000       33,933
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FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Canada and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, TCCA has kept the FAA informed of 
the situation described above. We have examined TCCA's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require revising 
the airworthiness limitations section of the Instructions for Continued 
Airworthiness by incorporating new and revised structural inspection 
procedures and new and revised inspection intervals for the 
longitudinal skin joints in the fuselage pressure shell, except as 
discussed under ``Differences Between the Proposed AD, Canadian 
Airworthiness Directive, and Service Information'' This proposed AD 
would also require phase-in inspections and repair of any crack found 
during any phase-in inspection.

Differences Among the Proposed AD, Canadian Airworthiness Directive, 
and Service Information

    The MTCs specify that you may contact the manufacturer for 
instructions on how to repair cracks in the longitudinal skin joints in 
the fuselage pressure shell, but this proposed AD would require you to 
repair those cracks using a method that we or TCCA (or its delegated 
agent) approve. In light of the type of repair that would be required 
to address the unsafe condition, and consistent with existing bilateral 
airworthiness agreements, we have determined that, for this proposed 
AD, a repair we or TCCA approve would be acceptable for compliance with 
this proposed AD.
    Although the Canadian airworthiness directive includes Bombardier 
Model DHC-8-314 airplanes, the applicability of this proposed AD does 
not include that airplane model. That airplane model is not included on 
the most recent type certificate data sheet for the affected models.
    TCCA is aware of these differences.

Clarification of Inspection Terminology

    In this proposed AD, the ``detailed visual inspection'' specified 
in the Bombardier temporary revision is referred to as a ``detailed 
inspection.'' We have included the definition for a detailed inspection 
in Note 1 of this proposed AD.

[[Page 17380]]

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                  Action                      Work hours     Average labor              Parts                Cost per       registered      Fleet cost
                                                             rate per hour                                   airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
AWL revision..............................               1             $65  N/A.........................             $65             177         $11,505
Phase-in inspections......................              25              65  N/A.........................           1,625             177         287,625
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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 have 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 that the 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. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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 
airworthiness directive (AD):

Bombardier, Inc. (Formerly de Havilland, Inc.): Docket No. FAA-2005-
20852; Directorate Identifier 2004-NM-240-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by May 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-102, -103, -106, -
201, -202, -301, -311, and -315 airplanes; certificated in any 
category; serial number 003 and subsequent.

    Note 1: This AD requires revisions to certain operator 
maintenance documents to include new inspections. Compliance with 
these inspections is required by 14 CFR 91.403(c). For airplanes 
that have been previously modified, altered, or repaired in the 
areas addressed by these inspections, the operator may not be able 
to accomplish the inspections described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according 
to paragraph (l) of this AD. The request should include a 
description of changes to the required inspections that will ensure 
the continued damage tolerance of the affected structure. The FAA 
has provided guidance for this determination in Advisory Circular 
(AC) 25-1529.

Unsafe Condition

    (d) This AD was prompted by a report indicating that visual 
inspections were not adequate for detecting fatigue cracking in 
portions of the longitudinal skin joints in the fuselage pressure 
shell. We are issuing this AD to detect and correct fatigue cracking 
of the longitudinal skin joints in the fuselage pressure shell, 
which could affect the structural integrity of the airplane, and 
result in loss of cabin pressurization during flight.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Revision of Airworthiness Limitation (AWL) Section

    (f) Within 30 days after the effective date of this AD: Revise 
the AWL section of the Instructions for Continued Airworthiness by 
incorporating the contents of the applicable de Havilland, Inc., 
temporary revision (TR) listed in Table 1 of this AD into the AWL 
section of the applicable Bombardier DHC-8 Maintenance Program 
Support Manual.
    Thereafter, except as provided by paragraphs (g) and (l) of this 
AD, no alternative structural inspection intervals may be approved 
for the longitudinal skin joints in the fuselage pressure shell.

                                      Table 1.--Temporary Revisions to AWL
----------------------------------------------------------------------------------------------------------------
                                                                                       For maintenance program
          DHC-8 model              de Havilland, Inc., TR             Dated              support manual (PSM)
----------------------------------------------------------------------------------------------------------------
-102, -103, and -106 airplanes  AWL-92                       June 28, 2004           PSM 1-8-7TC

[[Page 17381]]

 
                                AWL-93                       June 28, 2004
-201 and -202 airplanes.......  AWL 2-31                     June 28, 2004           PSM 1-82-7TC
                                AWL 2-32                     June 28, 2004
-301, -311, and -315 airplanes  AWL 3-98                     June 28, 2004           PSM 1-83-7TC
                                AWL 3-99                     June 28, 2004
----------------------------------------------------------------------------------------------------------------

Incorporation of TRs Into General Revisions

    (g) When the information in the applicable de Havilland, Inc., 
TR identified in Table 1 of this AD has been included in the general 
revisions of the applicable PSM identified in Table 1 of this AD, 
the general revisions may be inserted in the PSM, and the applicable 
TR may be removed from the AWL section of the Instruction for 
Continued Airworthiness.

Phase-In Inspections

    (h) At the times specified in paragraph (i) of this AD, perform 
the detailed and eddy current inspections, as applicable, of the 
longitudinal skin joints in the fuselage pressure shell specified in 
the TR for the applicable Dash 8 (de Havilland, Inc.,) maintenance 
task card (MTC) listed in Table 2 of this AD.

                                                          Table 2.--Temporary Revisions to MTCs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                For maintenance program
            DHC-8 model               de Havilland, Inc., TR                    Dated                         Task No.            support manual (PSM)
--------------------------------------------------------------------------------------------------------------------------------------------------------
-102, -103, and -106 airplanes....  MTC-45                      November 28, 2003                     5310/29E                 PSM 1-8-7TC
                                    MTC-46                      November 28, 2003                     5310/30A
-201 and -202 airplanes...........  MTC 2-45                    November 28, 2003                     5310/29E                 PSM 1-82-7TC
                                    MTC 2-46                    November 28, 2003                     5310/30A
-301, -311, and -315 airplanes....  MTC 3-47                    November 28, 2003                     5310/29E                 PSM 1-83-7TC
                                    MTC 3-48                    November 28, 2003                     5310/30A
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Note 2: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Compliance Times

    (i) Perform the inspections required by paragraph (h) of this AD 
at the applicable time specified in paragraph (i)(1), (i)(2), or 
(i)(3) of this AD.
    (1) For all airplanes with 40,000 total flight cycles or less as 
of the effective date of this AD: At the times specified in the 
applicable temporary revision to the Airworthiness Limitations (AWL) 
listed in Table 1 of this AD.
    (2) For airplanes with more than 40,000 total flight cycles but 
less than 57,500 total flight cycles as of the effective date of 
this AD:
    (i) For Model -102, -103, -301, -311, and -315 airplanes: Within 
5,000 flight hours after the effective date of this AD or prior to 
the accumulation of 60,000 total flight cycles, whichever is first.
    (ii) For Model -106, -201, and -202 airplanes: Within 5,000 
flight hours after the effective date of this AD or prior to the 
accumulation of 60,346 total flight cycles, whichever is first.
    (3) For all airplanes with 57,500 total flight cycles or more as 
of the effective date of this AD: Within 12 months or 2,500 flight 
cycles after the effective date of this AD, whichever is first.
    (j) Repeat the inspections required by paragraph (h) of this AD 
thereafter at the intervals specified in the applicable temporary 
revision to the AWL required by paragraph (f) of this AD.

Repair

    (k) If a crack is found in a longitudinal skin joint during any 
phase-in inspection required by paragraph (h) of this AD, and the 
MTC specifies contacting Bombardier for repair information: Before 
further flight, repair the affected longitudinal skin joint in 
accordance with a method approved by either the Manager, New York 
ACO; or Transport Canada Civil Aviation (or its delegated agent).

AMOCs

    (l) The Manager, New York ACO, has the authority to approve 
AMOCs for this AD, if requested in accordance with the procedures 
found in 14 CFR 39.19.

Related Information

    (m) Canadian airworthiness directive CF-2004-16, dated September 
7, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on March 29, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.

[FR Doc. 05-6770 Filed 4-5-05; 8:45 am]
BILLING CODE 4910-13-P