[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48908-48911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16535]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22146; Directorate Identifier 2002-NM-184-AD]
RIN 2120-AA64


Airworthiness Directives; Bombardier Model DHC-7 Series 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 all Bombardier Model DHC-7 series airplanes. This proposed AD would 
require implementing a corrosion prevention and control program (CPCP) 
either by accomplishing specific tasks or by revising the maintenance 
inspection program to include a CPCP. This proposed AD is prompted by 
the determination that, as airplanes age, they are more likely to 
exhibit indications of corrosion. We are proposing this AD to prevent 
structural failure of the airplane due to corrosion.

DATES: We must receive comments on this proposed AD by September 21, 
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.

FOR FURTHER INFORMATION CONTACT: Jon Hjelm, 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) 228-7323; fax (516) 794-5531.

SUPPLEMENTARY INFORMATION: 

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

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-2005-22146; 
Directorate Identifier 2002-NM-184-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory,

[[Page 48909]]

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.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.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 
all Bombardier Model DHC-7 series airplanes. TCCA advises that, as 
airplanes age, they are more likely to exhibit indications of 
corrosion. Operators must implement a Corrosion Prevention and Control 
Program (CPCP) that identifies specific areas to be inspected to 
minimize and control deterioration of the airplane from corrosion. This 
condition, if not corrected, could result in structural failure of the 
airplane.

Relevant Service Information

    Bombardier has issued de Havilland Inc. Corrosion Prevention and 
Control Manual, DHC-7 (Dash 7), Product Support Manual (PSM) 1-7-5, 
dated May 13, 1997. (In this proposed AD, we refer to this publication 
as ``the Manual.'')
    The Introduction to the Manual defines three levels of corrosion:
     Level 1 corrosion:
    1. Occurs between repetitive inspections, is local, and can be 
reworked within certain limits; or
    2. Is local but exceeds allowable limits and is attributed to an 
event not typical of the usage of the other airplanes in the operator's 
fleet; or
    3. Exceeds allowable limits but for which only light corrosion has 
been found in previous inspections.
     Level 2 corrosion:
    1. Occurs between repetitive inspections and exceeds allowable 
limits, necessitating a repair or partial or complete replacement of a 
structural significant element; or
    2. Occurs between repetitive inspections, is widespread, and 
requires rework approaching allowable limits.
     Level 3 corrosion is found during initial or repetitive 
inspections and is determined to be a potentially urgent unsafe 
condition necessitating expeditious action.
    Following the Introduction, the Manual is divided into three basic 
parts:
     Part 1 refers to Part 1 of PSM 1-GEN-5, which contains 
general information on corrosion.
     Part 2 describes specific inspections for corrosion, 
including the effectivity, method, objective, and relevant PSM 
references for each inspection.
     Part 3 contains the Recommended Corrosion Inspection 
Program that applies to the subject airplanes, including corrosion task 
numbers, inspection thresholds, repetitive intervals, and necessary re-
protection actions.
    TCCA mandated the Manual and issued Canadian Airworthiness 
Directive CF-98-03, dated February 27, 1998, to ensure the continued 
airworthiness of these airplanes in Canada.

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 us informed of the 
situation described above. We have examined TCCA's findings, evaluated 
all pertinent information, and determined that AD action is necessary 
for products of this type design that are certificated for operation in 
the United States.
    Therefore, we are proposing this AD, which would require 
implementing a CPCP either by accomplishing specific tasks or by 
revising the maintenance inspection program to include a CPCP. The 
proposed AD would require you to use the Manual described previously to 
perform these actions. The proposed AD also would require you to report 
findings of Level 3 corrosion to us, and findings of Level 2 or 3 
corrosion to the airplane manufacturer.

Differences Between the Proposed AD and Canadian Airworthiness 
Directive

    Canadian Airworthiness Directive CF-98-03 specifies the following 
compliance times for the initial inspection:
     For airplanes produced before January 1, 1986: Before 
December 31, 2000, or 20 years after the airplane's production date, 
whichever is later.
     For airplanes produced after December 31, 1985: Before 
December 31, 2005.
    However, this proposed AD would require that you do the initial 
inspection within 12 months after the effective date of this AD. In 
developing an appropriate compliance time for this AD, we considered 
the compliance times specified in Canadian Airworthiness Directive CF-
98-03, the manufacturer's recommendation, and the degree of urgency 
associated with the subject unsafe condition. We also considered the 
fact that the Manual (which is the appropriate source of service 
information referenced in this proposed AD) has been available to all 
operators of affected airplanes since May 1997. In light of all of 
these factors, we find that a 12-month compliance time represents an 
appropriate interval of time for affected airplanes to continue to 
operate without compromising safety.
    Also, Canadian airworthiness directive CF-98-03 specifies that 
findings of Level 2 and 3 corrosion must be reported to the airplane 
manufacturer, but CF-98-03 does not provide a compliance time for this 
action. This proposed AD specifies that these findings must be reported 
to the airplane manufacturer at the time specified in Section 5.0 of 
Part 3 of the Manual (i.e., 60 days after confirming Level 2 corrosion, 
or 21 days after confirming Level 3 corrosion), or within

[[Page 48910]]

10 days after the effective date of the AD, whichever is later.

Costs of Compliance

    This proposed AD would affect about 26 airplanes of U.S. registry. 
The 148 specific inspections specified in the Manual would take about 
48 work hours per airplane, per inspection cycle, at an average labor 
rate of $65 per work hour. Based on these figures, the estimated cost 
of the proposed AD for U.S. operators is $81,120, or $3,120 per 
airplane, per inspection cycle.

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-
22146; Directorate Identifier 2002-NM-184-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by September 21, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Model DHC-7 series airplanes, 
certificated in any category.

Unsafe Condition

    (d) This AD was prompted by the determination that, as airplanes 
age, they are more likely to exhibit indications of corrosion. We 
are issuing this AD to prevent structural failure of the airplane 
due to corrosion.

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.

Manual References

    (f) The term ``the Manual,'' as used in this AD, means the de 
Havilland Inc. Corrosion Prevention and Control Manual, DHC-7 (Dash 
7), Product Support Manual (PSM) 1-7-5, dated May 13, 1997.

Initial Inspections

    (g) Within 12 months after the effective date of this AD, 
perform each of the Corrosion Tasks, including re-protection 
actions, as applicable, specified in Part 3 of the Manual by 
accomplishing the basic tasks defined in Parts 2 and 3 of the 
Manual, in accordance with the procedures of the Manual.

Repetitive Inspections

    (h) Except as provided by paragraph (i) of this AD, repeat each 
of the Corrosion Tasks, and re-protection actions, as applicable, 
specified in Part 3 of the Manual at intervals not to exceed 3 or 6 
years, as specified in Part 3 of the Manual.
    (i) After accomplishment of each initial Corrosion Task required 
by paragraph (g) of this AD, the FAA or Transport Canada Civil 
Aviation (TCCA) (or its delegated agent) may approve the 
incorporation into the operator's approved maintenance/inspection 
program of the Corrosion Prevention and Control Program (CPCP) 
specified in the Manual and this AD; or an equivalent program that 
is approved by the FAA or TCCA. In all cases, the initial Corrosion 
Task for each airplane area must be completed in accordance with the 
compliance time specified in paragraph (g) of this AD. Amendment of 
the operator's approved maintenance/inspection program to include an 
approved CPCP constitutes terminating action for the requirements of 
this AD.

Corrective Actions

    (j) If any corrosion is found during accomplishment of any 
action required by paragraph (g) or (h) of this AD: Within 30 days 
after the finding, rework, repair, or replace any applicable part, 
as applicable, in accordance with Section 4.0 of Part 3 of the 
Manual.

Reporting Requirements

    (k) If any Level 3 corrosion, as defined in the Introduction of 
the Manual, is found, do paragraphs (k)(1) and (k)(2) of this AD.
    (1) At the time specified in paragraph (k)(1)(i) or (k)(1)(ii) 
of this AD, whichever is later, submit a report of the findings to 
the Manager, New York Aircraft Certification Office (ACO), FAA, 
Engine and Propeller Directorate, 10 Fifth Street, Third Floor, 
Valley Stream, New York 11581; fax (516) 568-2716. The report must 
follow the format specified in Section 5.0 of Part 3 of the Manual, 
or be submitted using a Service Difficulty Report, as applicable. 
Under the provisions of the Paperwork Reduction Act of 1980 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements contained in this 
AD and has assigned OMB Control Number 2120-0056.
    (i) Within 3 days after the finding of Level 3 corrosion.
    (ii) Within 10 days after the effective date of this AD.
    (2) At the time specified in paragraph (k)(2)(i) or (k)(2)(ii) 
of this AD, whichever is later, submit a plan to the FAA to identify 
a schedule for accomplishing the applicable Corrosion Task on the 
remainder of the operator's fleet, or data substantiating that the 
Level 3 corrosion that was found is an isolated case. For the 
purposes of this paragraph, ``FAA'' means the Principal Maintenance 
Inspector (PMI) for operators that are assigned a PMI (e.g., Part 
121, 125, and 135 operators), and the cognizant Flight Standards 
District Office for other operators (e.g., Part 91 operators). 
Information collection requirements in this AD are approved by the 
Office of Management and Budget (OMB) under the provisions of the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.) and are 
assigned OMB Control Number 2120-0056.
    (i) Within 10 days after the finding of Level 3 corrosion.
    (ii) Within 10 days after the effective date of this AD.

[[Page 48911]]

    (l) If any Level 2 or 3 corrosion, as defined in the 
Introduction of the Manual, is found, at the applicable time 
specified in Section 5.0 of Part 3 of the Manual, or within 10 days 
after the effective date of this AD, whichever is later, report 
these findings to the manufacturer according to Section 5.0 of Part 
3 of the Manual. Information collection requirements in this AD are 
approved by the Office of Management and Budget (OMB) under the 
provisions of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.) and are assigned OMB Control Number 2120-0056.

Alternative Methods of Compliance (AMOCs)

    (m) The Manager, New York Aircraft Certification Office (ACO), 
FAA, has the authority to approve AMOCs for this AD, if requested 
using the procedures found in 14 CFR 39.19.

Related Information

    (n) Canadian airworthiness directive CF-98-03, dated February 
27, 1998, also addresses the subject of this AD.

    Issued in Renton, Washington, on August 12, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16535 Filed 8-19-05; 8:45 am]
BILLING CODE 4910-13-P