[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Rules and Regulations]
[Pages 44274-44276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15012]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20595; Directorate Identifier 2004-NM-149-AD; 
Amendment 39-14208; AD 2005-16-03]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-7-100, DHC-7-101, 
DHC-7-102, and DHC-7-103 Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Bombardier Model DHC-7-100, DHC-7-101, DHC-7-102, and DHC-7-103 
airplanes. This AD requires revising the Airworthiness Limitations 
section of the Instructions of Continued Airworthiness to include a 
new, lower life limit for lower wing skins. This AD results from the 
discovery that, during the manufacture of the lower wing skins, score 
marks may have been accidentally inscribed around the edge of the lower 
wing skin doublers. We are issuing this AD to prevent fatigue cracks 
from developing at the score marks in the lower wing skins, which could 
result in the structural failure of the wing.

DATES: Effective September 6, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of September 6, 
2005.

ADDRESSES: You may examine the AD docket on the Internet at http://

[[Page 44275]]

dms.dot.gov or in person at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street, SW., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Bombardier, Inc., Bombardier Regional Aircraft Division, 
123 Garratt Boulevard, Downsview, Ontario M3K 1Y5, Canada, for service 
information identified in this 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:

Examining the Docket

    You may 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 street address stated in the 
ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain Bombardier 
Model DHC-7-100, DHC-7-101, DHC-7-102, and DHC-7-103 airplanes. That 
NPRM was published in the Federal Register on March 15, 2005 (70 FR 
12614). That NPRM proposed to require revising the Airworthiness 
Limitations section of the Instructions of Continued Airworthiness to 
include a new lower life limit for lower wing skins.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Explanation of Change to Applicability

    We have revised the applicability of the NPRM to identify model 
designations as published in the most recent type certificate data 
sheet for the affected models.

Explanation of Correction to Paragraph (h)

    We have revised paragraph (h) of this AD to include reference to 
paragraph (g). Reference to that paragraph was inadvertently omitted 
from the NPRM.

Conclusion

    We have carefully reviewed the available data, and determined that 
air safety and the public interest require adopting the AD with the 
changes described previously. We have determined that these changes 
will neither increase the economic burden on any operator nor increase 
the scope of the AD.

Costs of Compliance

    This AD will affect about 3 airplanes of U.S. registry. The 
revision of the Airworthiness Limitations section will take about 1 
work hour per airplane, at an average labor rate of $65 per work hour. 
Based on these figures, the estimated cost of the AD for U.S. operators 
is $195, or $65 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 products identified in this 
rulemaking action.

Regulatory Findings

    We have 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 that this AD:
    (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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket. 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-16-03 Bombardier, Inc. (Formerly de Havilland, Inc.): Amendment 
39-14208. Docket No. FAA-2005-20595; Directorate Identifier 2004-NM-
149-AD.

Effective Date

    (a) This AD becomes effective September 6, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Model DHC-7-100, DHC-7-101, 
DHC-7-102, and DHC-7-103 airplanes, serial numbers 3 through 10 
inclusive, 12 through 14 inclusive, and 16 through 27 inclusive; 
certificated in any category.

    Note 1: This AD requires revision to a certain operator 
maintenance document to include a new replacement time. Compliance 
with this replacement time is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired 
in the areas addressed by this replacement time, the operator may 
not be able to accomplish the replacement described in the revision. 
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 (i) of this AD. The request should include a 
description of changes to the required replacement time 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 is prompted by the discovery that, during the 
manufacture of the lower wing skins, score marks may have been 
accidentally inscribed around the edge of the

[[Page 44276]]

lower wing skin doublers. We are issuing this AD to prevent fatigue 
cracks from developing at the score marks in the lower wing skins, 
which could result in the structural failure of the wing.

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.

Revise the Airworthiness Limitations (AWL) Section--New Life Limit

    (f) Within 30 days after the effective date of this AD, revise 
the AWL section of the Instructions for Continued Airworthiness to 
incorporate new life limits for the lower wing skins by 
incorporating Bombardier Temporary Revision (TR) 5-103, dated March 
26, 2004, to the Bombardier Dash 7 Series 100 Maintenance Manual, 
PSM 1-7-2, into the AWL section.
    (g) When the contents of Bombardier TR 5-103, dated March 26, 
2004, have been included in the general revisions of the AWL 
section, the general revisions may be incorporated into the AWL 
section, and the TR may be removed from the AWL section.
    (h) After the actions specified in paragraphs (f) and (g) of 
this AD have been accomplished, no alternative life limits may be 
approved for the lower wing skins, except as provided in paragraph 
(i) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i) 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

    (j) Canadian airworthiness directive CF-2004-12, dated June 28, 
2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use Bombardier Temporary Revision 5-103 to Chapter 
5-10-11 of the Bombardier Dash 7 Series 100 Maintenance Manual, PSM 
1-7-2, dated March 26, 2004, to perform the actions that are 
required by this AD, unless the AD specifies otherwise. The Director 
of the Federal Register approved the incorporation by reference of 
this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Bombardier Regional Aircraft Division, 123 Garratt 
Boulevard, Downsview, Ontario M3K 1Y5, Canada, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 21, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-15012 Filed 8-1-05; 8:45 am]
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