[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Proposed Rules]
[Pages 34409-34411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11709]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21435; Directorate Identifier 2004-NM-163-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-8-401 and -402 
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-8-401 and -402 airplanes. This 
proposed AD would require a one-time inspection of the fuel and 
hydraulic tubes, and corrective actions if necessary. This proposed AD 
would also require modifying fairlead plate assemblies. This proposed 
AD is prompted by reports of chafing between fuel and hydraulic tubes 
and the fairlead plate where the tubes pass through the firewall. We 
are proposing this AD to prevent chafing of the fuel and hydraulic 
tubes, which could lead to fuel and/or hydraulic fluid leakage in the 
engine nacelle area and consequent fire or explosion.

DATES: We must receive comments on this proposed AD by July 14, 2005.

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

[[Page 34410]]

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-2005-21435; the directorate 
identifier for this docket is 2004-NM-163-AD.

FOR FURTHER INFORMATION CONTACT: Richard Fiesel, 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) 256-7504; 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-2005-21435; 
Directorate Identifier 2004-NM-163-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-8-401 and -402 airplanes. TCCA advises 
that service difficulty reports indicate that chafing of fuel and 
hydraulic tubes has been found at the fairlead plate where the tubes 
pass through the firewall. If the tubes are not centered in the 
fairlead plate, nacelle flexing can cause fouling or chafing damage to 
existing hydraulic and fuel pipes in the nacelle zone 3 area. This 
condition, if not corrected, could result in fuel and/or hydraulic 
fluid leakage in the engine nacelle area and consequent fire or 
explosion.

Relevant Service Information

    Bombardier has issued Service Bulletin 84-54-09, Revision ``B,'' 
dated June 15, 2004. The service bulletin describes procedures for 
inspecting the fuel and hydraulic tubes for nicks, dents, chafing, or 
damage, and doing corrective action if necessary. The service bulletin 
also describes procedures for modifying fairlead plate assemblies. The 
corrective action, if damage found during the inspections exceeds the 
limit specified as ``Acceptable'' in the service bulletin, includes 
reworking the tubes or replacing the tubes with new tubes. The service 
bulletin specifies that the compliance time for the corrective action 
is either 400 flight hours after the inspection, or before further 
flight, depending on the measurement of damage found. Accomplishing the 
actions specified in the service information is intended to adequately 
address the unsafe condition. TCCA mandated the service information and 
issued Canadian airworthiness directive CF-2004-07, dated April 14, 
2004, to ensure the continued airworthiness of these airplanes in 
Canada.
    Bombardier Service Bulletin 84-54-09, Revision ``B,'' dated June 
15, 2004, refers to GKN Aerospace Services Service Bulletin 1-71-20, 
dated April 7, 2004, as an additional source of service information for 
modifying the fairlead plate assemblies. The GKN service bulletin is 
included in the Bombardier service bulletin.

FAA's Determination and Requirements of the Proposed AD

    This airplane model is manufactured in Canada and is 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 
accomplishing the actions specified in the service information 
described previously.

Clarification of Actions In the Proposed AD and Canadian Airworthiness 
Directive

    Although Canadian airworthiness directive CF-2004-07 does not 
specify to do an inspection of the fuel/hydraulic tubes, the directive 
does specify to install Bombardier Modsum 4-113438 (modified fairlead 
plate assemblies) in accordance with Bombardier Service Bulletin 84-54-
09. The inspection is included in the service bulletin and TCCA does 
intend for the inspection to be done as part of the modification. 
Therefore, this proposed AD would require an inspection of the fuel/
hydraulic tubes and modification of the fairlead plate assemblies in 
accordance with the service bulletin.

Costs of Compliance

    This proposed AD would affect about 18 airplanes of U.S. registry. 
The proposed actions would take about 4 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
about $200 per airplane. Based on these figures, the estimated cost of 
the proposed AD for U.S. operators is $8,280, or $460 per airplane.

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

[[Page 34411]]

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-
21435; Directorate Identifier 2004-NM-163-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by July 14, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-8-401 and -402 
airplanes, serial numbers 4003 through 4089 inclusive, certificated 
in any category.

Unsafe Condition

    (d) This AD was prompted by reports of chafing between fuel and 
hydraulic tubes and the fairlead plate where the tubes pass through 
the firewall. We are issuing this AD to prevent chafing of the fuel 
and hydraulic tubes, which could lead to fuel and/or hydraulic fluid 
leakage in the engine nacelle area and consequent fire or explosion.

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.

Service Bulletin Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of Bombardier Service Bulletin 84-54-09, 
Revision ``B,'' dated June 15, 2004.

Inspection, Corrective Action, and Modification

    (g) For airplanes on which Bombardier Systems Drawings (SYD) 84-
28-002 and SYD 84-29-006 have not been incorporated or on which 
Modsum 4-184081 and Modsum 4-184079 have not been incorporated: 
Within 500 flight hours after the effective date of this AD, do the 
actions specified in paragraph (i) of this AD.
    (h) For airplanes on which Bombardier SYD 84-28-002 and SYD 84-
29-006 have been incorporated or on which Modsum 4-184081 and Modsum 
4-184079 have been incorporated: Within 4,000 flight hours after the 
effective date of this AD, do the actions specified in paragraph (i) 
of this AD.
    (i) For airplanes identified in paragraphs (g) and (h) of this 
AD at the times specified in paragraphs (g) and (h) of this AD, do 
the actions specified in paragraphs (i)(1) and (i)(2) of this AD in 
accordance with the service bulletin.
    (1) Do a general visual inspection of the fuel/hydraulic tubes 
for nicks, dents, chafing, or damage. If any nick, dent, chafing, or 
damage is found that is above the applicable limit specified as 
``Acceptable'' in the service bulletin: Do the applicable corrective 
action in accordance with the service bulletin at the applicable 
time specified in the service bulletin.

    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

    (2) Modify the fairlead plate assemblies in accordance with the 
service bulletin.

    Note 2: Bombardier Service Bulletin 84-54-09, Revision ``B,'' 
dated June 15, 2004, refers to GKN Aerospace Services Service 
Bulletin 1-71-20, dated April 7, 2004, as an additional source of 
service information for modifying the fairlead plate assemblies. The 
GKN service bulletin is included in the Bombardier service bulletin.

Actions Done According to Previous Issue of Service Bulletin

    (j) Actions done before the effective date of this AD in 
accordance with Bombardier Service Bulletin 84-54-09, dated January 
23, 2004; or Revision ``A,'' dated April 22, 2004; are acceptable 
for compliance with the corresponding requirements of this AD.

Parts Installation

    (k) After the effective date of this AD, no person may install a 
plate, part number 85415048-107, 85415048-108, 85415087-107, or 
85415087-108, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (l) The Manager, New York Aircraft Certification Office, FAA, 
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-2004-07, dated April 14, 
2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 27, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11709 Filed 6-13-05; 8:45 am]
BILLING CODE 4910-13-P